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Building (General) Regulation 2008
31Considerations for proper and skilful work—material and
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31 Considerations for proper and skilful work—material and
work standards—Act, s 42 (2)
In deciding whether building work has been carried out in a proper
and skilful way, the following considerations must be taken into
account:
(a) whether the work uses a product or system in accordance with
any accessible instructions, directions, guidelines or suggestions
of the maker or seller of the product or system;
Examples—instructions that are not accessible
1 instructions not in English
2 an information leaflet printed 10 years ago that is now unavailable
(b) whether the work is in accordance with any relevant rules or
guidelines published by Standards Australia;
(c) whether, as part of the work, a product or system is being, or has
been, used in a way that a reasonable person would expect is
contrary to the intended use of the product or system;
(d) whether, as part of the work, a product or system is being, or has
been, used in a way that the maker has given written notice will
void the maker’s warranty;
Example—use
Installing roof sheeting so it is level at any point is not carrying out building
work in a proper way if the manufacturer’s published literature indicates that
the sheeting’s warranty is voided if the sheeting is installed at a fall of less
than 1off level.
Carrying out building work Division 3.3
(e) whether a reasonable person doing the work would know or
suspect on reasonable grounds that the use of a product or
system in a particular way would cause more instability, or
affect the durability or soundness of the product or system or of
the building work than if the product or system were used
appropriately;
(f) how reasonable it is in all the circumstances for the user of a
product or system to rely on the maker’s statement that the
product or system complies with a stated standard;
(g) whether the building work contravenes the Act or another
territory law.