Sch 5 s 21Section 68 Regulations

Sch 5 s 21 Section 68 Regulations

[21] Section 68 Regulations

Insert after section 68(2)—

(2A) The regulations must establish a scheme by 31 December 2026 for dispute resolution by the Secretary for disputes involving building work and related work, including by making regulations about the following—

(a) specifying the disputes to which the scheme applies,

(b) enabling or requiring the scheme to be used before disputes go before a court or tribunal and providing for limitation times to be extended to account for the diversion of the dispute into the scheme,

(c) providing how a dispute enters the scheme, whether by applications to the Secretary or otherwise,

(d) establishing a dispute resolution process,

(e) giving the Secretary powers for the purpose of resolving disputes and enforcing compliance,

(f) providing when a dispute must no longer be dealt with under the scheme,

(g) funding the scheme, including by charging fees to participants in the scheme,

(h) providing whether the Home Building Act 1989, Part 3A, Division 2 applies to a dispute dealt with under the scheme,

(i) enabling the Secretary to investigate and prepare reports about disputes, including disputes to which the scheme does not apply,

(j) requiring courts or tribunals to admit the reports prepared by the Secretary as evidence in proceedings related to the dispute.