NORTHERN TERRITORY OF AUSTRALIA
BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK
DISPUTES) REGULATIONS 2012
As in force at 30 March 2026
Table of provisions
Chapter 1 Introduction
Part 1.1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Application to public authority residential building work ................... 1
Part 1.2 Interpretation
Division 1 Defined terms
4 Definitions ........................................................................................ 1
Division 2 Important concepts
5 Residential building work for mediation or conciliation
application ....................................................................................... 5
6 Residential building work for other applications ............................... 5
7 Effective period for consumer guarantees ....................................... 5
8 Contravention of consumer guarantees........................................... 7
9 Non-structural defects and structural defects .................................. 7
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about
acceptance
Division 1 Procedures for mediation or conciliation
application
10 Mediation or conciliation application ................................................ 8
11 Making mediation or conciliation application.................................... 8
12 Consideration of mediation or conciliation application and
acceptance ...................................................................................... 9
13 Decision to reject mediation or conciliation application.................... 9
Building (Resolution of Residential Building Work Disputes) Regulations 2012 ii
Division 2 Procedures for technical inspection
application
14 Technical inspection application .................................................... 10
15 Making technical inspection application ......................................... 10
16 Consideration of technical inspection application and
acceptance .................................................................................... 11
17 Decision to reject technical inspection application ......................... 11
Division 3 Procedures for consumer guarantee dispute
application
18 Specified circumstance for consumer guarantee dispute
application ..................................................................................... 11
19 Making consumer guarantee dispute application........................... 12
20 Decision whether to accept consumer guarantee dispute
application ..................................................................................... 13
21 Decision to reject consumer guarantee dispute application ........... 14
Part 2.2 Procedures for consumer guarantee
dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
22 Assistance to locate respondent .................................................... 14
23 Procedure after acceptance of application .................................... 15
24 Response to application ................................................................ 16
25 Procedure if response given .......................................................... 16
26 Failure to give response ................................................................ 17
27 Conducting proceeding .................................................................. 17
28 Directions hearing.......................................................................... 18
29 Conducting hearing ....................................................................... 18
30 Evidence at hearing ....................................................................... 19
31 Referrals to Tribunal ...................................................................... 19
Division 2 Making dispute decision
32 Dispute decisions generally ........................................................... 20
33 Orders relating to non-completion of work ..................................... 21
34 Orders relating to defective work ................................................... 21
35 Compliance period and order to notify compliance ........................ 21
37 Publication of dispute decision ...................................................... 22
38 No liability for publication of report in good faith ............................ 23
Building (Resolution of Residential Building Work Disputes) Regulations 2012 iii
Part 2.3 Negotiated agreement process
Division 1 Preliminary conference
39 Application of Division ................................................................... 23
40 Procedure for mediation or conciliation application ....................... 23
41 Facilitating preliminary conference for any application .................. 24
42 Purpose of preliminary conference and role of convenor .............. 24
Division 2 Mediation conference and conciliation
conference
43 Facilitating mediation conference or conciliation conference ......... 25
44 Purpose of mediation conference and role of convenor ................ 25
45 Purpose of conciliation conference and role of convenor .............. 26
Division 3 General provisions
46 Convenor for conference ............................................................... 26
47 Attendance at conference .............................................................. 27
48 Place for holding conference ......................................................... 27
49 Conference not open to public ....................................................... 27
50 Record of conference and outcomes ............................................. 28
51 Effect of agreement and related decision ...................................... 28
52 Effect if no agreement reached...................................................... 29
53 Restriction on evidence ................................................................. 29
54 Confidentiality ................................................................................ 29
Part 2.4 Technical inspection and technical report
Division 1 Appointment of qualified person and technical
inspection
55 Appointment of qualified person .................................................... 29
56 Entry to conduct technical inspection and presence of parties ...... 30
57 Conducting technical inspection .................................................... 31
58 Additional defective work found during technical inspection .......... 32
59 Obtaining additional expert investigation and report ...................... 32
60 Notice to building certifier .............................................................. 33
61 Offences relating to technical inspection ....................................... 33
Division 2 Technical report by qualified person
62 Giving technical report to Commissioner ....................................... 33
63 Giving technical report and notice to parties .................................. 34
64 Technical inspection application other than for consumer
guarantee dispute application ........................................................ 35
65 Technical inspection application made for consumer
guarantee dispute application ........................................................ 35
Building (Resolution of Residential Building Work Disputes) Regulations 2012 iv
Part 2.5 General procedures for all applications
66 Lodgment and fees ........................................................................ 36
67 General conduct of proceeding...................................................... 36
68 Representation of party ................................................................. 36
69 Power to amend where defect or error in form .............................. 37
70 Effect of non-compliance with procedures ..................................... 37
71 Withdrawal of application ............................................................... 37
72 Costs ............................................................................................. 37
73 Contempt ....................................................................................... 38
Chapter 3 Proceedings before Tribunal
Part 3.1 Reviews of Commissioner's decisions
74 Reviewable decision and affected person ..................................... 38
Part 3.3 Referrals to Tribunal by Commissioner
85 Questions of law ............................................................................ 38
86 Complex proceedings .................................................................... 39
87 Appeal to Supreme Court .............................................................. 39
Chapter 4 Enforcement of decisions and
consequences of contraventions
Part 4.1 Enforcement of decisions
88 Enforcement of order to pay money .............................................. 39
89 Application to Local Court for enforcement of other orders ........... 40
Part 4.2 Consequences of contraventions
90 Failure to give notice about compliance ........................................ 40
91 Offence to give false or misleading information in notice about
compliance .................................................................................... 40
92 Disciplinary action for specified contravention of dispute
decision ......................................................................................... 41
93 Other disciplinary action for contravention of dispute decision ...... 41
94 Disciplinary action for contravention of Tribunal's decision............ 41
95 Offence to contravene order of decision maker ............................. 42
Chapter 5 Miscellaneous matters
96 Protection from liability .................................................................. 42
97 Records of applications ................................................................. 43
98 Commissioner to give notice of contraventions by builder ............. 43
Building (Resolution of Residential Building Work Disputes) Regulations 2012 v
Chapter 6 Transitional matters for Northern Territory
Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments)
(No. 2) Act 2014
99 Definitions ...................................................................................... 43
100 Review of or appeal against Commissioner's decision notified
before commencement .................................................................. 44
101 Commissioner's decision made after commencement................... 45
102 Referrals to former Tribunal ........................................................... 45
Schedule 1 Prescribed fees for applications
Schedule 2 Reviewable decisions and affected
persons
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 30 March 2026
BUILDING (RESOLUTION OF RESIDENTIAL WORK DISPUTES)
REGULATIONS 2012
Regulations under the Building Act 1993
Chapter 1 Introduction
Part 1.1 Preliminary matters
1 Citation
These Regulations may be cited as the Building (Resolution of
Residential Building Work Disputes) Regulations 2012.
2 Commencement
These Regulations commence on the commencement of the
Building Amendment (Residential Building Consumer Protection)
Act 2012.
3 Application to public authority residential building work
Prescribed residential building work carried out, or to be carried out,
in relation to a residential building owned by Defence Housing
Australia is exempt from the operation of section 54A(2) of the Act.
Note for regulation 3
The effect of this regulation is that a person may make an application under
these Regulations in relation to such residential building work.
Part 1.2 Interpretation
Division 1 Defined terms
4 Definitions
In these Regulations:
affected person, for a reviewable decision, see regulation 74(2).
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 Defined terms
Building (Resolution of Residential Building Work Disputes) Regulations 2012 2
alleged contravention, in relation to an application, means the
contravention of a consumer guarantee specified in the application.
alleged defect, in relation to a consumer guarantee dispute
application or a technical inspection application, means the
non-structural defect or structural defect, specified in the
application.
alleged defective work, in relation to a consumer guarantee
dispute application or technical inspection application, means the
residential building work to which the application relates.
application means one of the following:
(a) a consumer guarantee dispute application;
(b) a mediation or conciliation application;
(c) a technical inspection application.
builder means a residential builder.
business day means a day other than a Saturday, Sunday or
public holiday.
compensation does not include damages as defined in section 3
of the Proportionate Liability Act 2005.
compliance period, for a dispute decision, see regulation 35(2).
conciliation conference means a conciliation conference under
Part 2.3, Division 2.
conference means a preliminary conference, mediation conference
or conciliation conference.
consumer guarantee dispute application means an application
made to the Commissioner under section 54FC of the Act.
contract means a residential building contract.
contravention, of a consumer guarantee, see regulation 8(1).
convenor, for a conference, see regulation 46(1).
current owner, of land or a residential building, means a current
owner mentioned in section 54AD(a) or (b) of the Act.
decision maker, for Chapter 4, means the Commissioner or
Tribunal.
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 Defined terms
Building (Resolution of Residential Building Work Disputes) Regulations 2012 3
Defence Housing Australia means the body (however named)
under the Defence Housing Australia Act 1987 (Cth) on which is
conferred the function of providing housing for, and related services
to, members of the Defence Force.
dispute decision, see regulation 32(1).
effective period, for a consumer guarantee, see regulation 7(1).
legally qualified person includes a person:
(a) who is, or has been, a lawyer or legal practitioner; or
(b) who has the qualifications to be enrolled as a lawyer or legal
practitioner in the Territory.
mediation conference means a mediation conference under
Part 2.3, Division 2.
mediation or conciliation application, see regulation 10.
negotiated agreement process means the process under
Part 2.3.
non-completion, of residential building work, is the failure of a
builder to complete the work under the residential contract relating
to the work.
non-structural defect, in relation to a residential building, see
regulation 9(1).
notice means a written notice.
party means a party to an application.
preliminary conference means a conference under Part 2.3,
Division 1.
prescribed fee means a fee prescribed under regulation 66(3).
proceeding means a proceeding started by an application.
qualified person, see regulation 55(2)(a).
relevant application, for Part 2.4, means a technical inspection
application mentioned in regulation 55(1).
residential building, see regulation 5(3).
Chapter 1 Introduction
Part 1.2 Interpretation
Division 1 Defined terms
Building (Resolution of Residential Building Work Disputes) Regulations 2012 4
residential building work, in relation to:
(a) a mediation or conciliation application – see regulation 5(1);
and
(b) a technical inspection application or a consumer guarantee
dispute application – see regulation 6(2).
respondent means:
(a) in a consumer guarantee dispute application – the builder
specified in the application; or
(b) in a mediation or conciliation application or technical
inspection application:
(i) if the application is made by the current owner of a
residential building – the residential builder specified in
the application; or
(ii) if the application is made by a residential builder – the
current owner of the residential building specified in the
application.
response, in relation to a consumer guarantee dispute application,
means the response mentioned in regulation 24.
reviewable decision, see regulation 74(1).
specified circumstance, for a consumer guarantee dispute
application, see regulation 18(1).
structural defect, in relation to a residential building, see
regulation 9(2).
technical inspection means a technical inspection of alleged
defective work as mentioned in section 54FB(4) of the Act.
technical inspection application, see regulation 14.
technical report means a report following a technical inspection as
mentioned in section 54FB(4) of the Act.
work means residential building work.
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Important concepts
Building (Resolution of Residential Building Work Disputes) Regulations 2012 5
Division 2 Important concepts
5 Residential building work for mediation or conciliation
application
(1) For section 54AB(1) of the Act, this regulation prescribes the
building work in relation to which a mediation or conciliation
application may be made (the residential building work).
(2) The residential building work is building work, of any value, in
connection with the construction of a residential building.
(3) A residential building is any of the following:
(a) a Class 1a building;
(b) a Class 2 building;
(c) a Class 10 building.
(4) However, the residential building work does not include any work
that does not require a building permit.
(5) A reference in this regulation to a residential building of a particular
Class is a reference to a building of that Class as specified under
the classification of buildings in the Building Code as defined in
regulation 2(1) of the Building Regulations 1993.
6 Residential building work for other applications
(1) For section 54AB(1) of the Act, this regulation prescribes the
building work (the residential building work) in relation to which
either of the following applications may be made:
(a) a technical inspection application;
(b) a consumer guarantee dispute application.
(2) The residential building work is building work to which an
authorised RBI policy or fidelity certificate applies.
7 Effective period for consumer guarantees
(1) For section 54B(2) of the Act, this regulation prescribes the
effective period for the consumer guarantees (the effective period)
during which a current owner mentioned in section 54BB may make
a consumer guarantee dispute application.
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Important concepts
Building (Resolution of Residential Building Work Disputes) Regulations 2012 6
(2) The effective period for a contravention of a consumer guarantee
resulting in the non-completion of residential building work under a
contract is the period:
(a) that starts:
(i) if the builder has started to carry out the work – on the
day the builder completely ceases to do so; or
(ii) if the builder has not started to carry out the work and
the contract specifies a starting date – on the specified
starting date; or
(iii) if the builder has not started to carry out the work and
the contract does not specify a starting date – on the
date the contract was entered into; and
(b) that ends 90 days after the relevant day or date mentioned in
paragraph (a).
(3) The effective period for a contravention of a consumer guarantee
resulting in defective residential building work is the total of the
following 2 periods:
(a) the construction period mentioned in subregulations (4)
and (5);
(b) the defect period mentioned in subregulations (6) and (7).
(4) Subject to subregulation (5), the construction period is the period:
(a) that starts:
(i) if there is a contract for the residential building work – on
the day the contract is entered into; or
(ii) if there is no contract for the work – on the day the
building permit is granted for the work; and
(b) that ends:
(i) if occupancy certification is required for the work – on
the day an occupancy permit or certificate of substantial
compliance is granted for the work; or
(ii) if occupancy certification is not required for the work –
on the day the builder has made all the declarations
required under the Act in relation to the work.
Chapter 1 Introduction
Part 1.2 Interpretation
Division 2 Important concepts
Building (Resolution of Residential Building Work Disputes) Regulations 2012 7
(5) If the work mentioned in subregulation (4) is not fully completed
before the day the building permit expires, the construction period
ends on that day.
(6) The defect period starts immediately after the last day of the
construction period and, subject to subregulation (7), continues for
the following period:
(a) for alleged defective work resulting in a non-structural defect –
1 year;
(b) for alleged defective work resulting in a structural defect –
6 years.
(7) If the current owner becomes aware of the alleged defective work
within 30 days before the end of the defect period, the defect period
is extended for 30 days after the day on which the owner became
aware of the defect.
8 Contravention of consumer guarantees
A contravention of the consumer guarantees by a builder occurs if
the builder contravenes a consumer guarantee in relation to
residential building work the builder:
(a) has agreed to carry out; or
(b) is carrying out; or
(c) has carried out.
9 Non-structural defects and structural defects
(1) A non-structural defect, in a residential building, is a defect in a
non-structural element of the building as a result of defective
residential building work.
(2) A structural defect, in a residential building:
(a) is a defect in a structural element of the building as a result of
defective residential building work; or
(b) is a defect, as a result of defective residential building work,
that is reasonably likely to cause a defect in a structural
element of the building.
Example for subregulation (2)(b)
A waterproof membrane attached to a wall or floor of a bathroom.
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about acceptance
Division 1 Procedures for mediation or conciliation application
Building (Resolution of Residential Building Work Disputes) Regulations 2012 8
(3) In this regulation:
non-structural element, of a residential building, means a
component of the building that is not a structural element.
structural element, of a residential building, means:
(a) a load-bearing component of the building (whether internal or
external) that is essential to the stability of the building or part
of the building; or
(b) a component (including weatherproofing) forming part of the
external walls or roof of the building.
Examples for paragraph (a)
A foundation, floor, wall, roof, column or beam.
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about
acceptance
Division 1 Procedures for mediation or conciliation
application
10 Mediation or conciliation application
A mediation or conciliation application is an application to the
Commissioner that:
(a) relates to any of the residential building work prescribed by
regulation 5(2) and a dispute about that work between:
(i) the current owner of the land or residential building to
which the application relates; and
(ii) the residential builder in relation to the work; and
(b) is made by either the owner or the builder; and
(c) requests the Commissioner to facilitate a negotiated
agreement process between the owner and builder.
11 Making mediation or conciliation application
(1) A mediation or conciliation application must be in the approved
form.
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about acceptance
Division 1 Procedures for mediation or conciliation application
Building (Resolution of Residential Building Work Disputes) Regulations 2012 9
(2) The application must include the following:
(a) the name and contact details of the applicant;
(b) the name and contact details of the respondent;
(c) the location of the land or residential building and a concise
description of the residential building work to which the
application relates;
(d) a concise description of the dispute between the parties to the
application;
(e) all other information the approved form requires.
12 Consideration of mediation or conciliation application and
acceptance
(1) Within 10 business days after a mediation or conciliation application
is made, or as soon as is reasonably practicable after that time, the
Commissioner must decide whether to accept the application.
(2) The Commissioner may accept the application only if satisfied:
(a) the application relates to residential building work prescribed
by regulation 5(1); and
(b) the parties to the application are the current owner and
residential builder in relation to the work; and
(c) the prescribed fee for the application has been paid.
(3) If there is insufficient information for the Commissioner to be
satisfied about the matters mentioned in subregulation (2), the
Commissioner may give the applicant a notice specifying:
(a) the further information required; and
(b) a reasonable time within which the information must be given.
(4) If the Commissioner decides to accept the application, the
Commissioner must follow the relevant procedures specified in
regulation 40.
13 Decision to reject mediation or conciliation application
The Commissioner may decide to reject a mediation or conciliation
application.
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about acceptance
Division 2 Procedures for technical inspection application
Building (Resolution of Residential Building Work Disputes) Regulations 2012 10
Division 2 Procedures for technical inspection application
14 Technical inspection application
A technical inspection application is an application to the
Commissioner under section 54FB(3) of the Act that:
(a) relates to any of the residential building work prescribed by
regulation 6(2) that is alleged to be defective work; and
(b) is made by either the current owner or builder in relation to the
work; and
(c) requests the Commissioner to appoint a qualified person in
relation to the alleged defective work.
15 Making technical inspection application
(1) A technical inspection application must be:
(a) in the approved form; and
(b) made within the effective period for the consumer guarantee
relevant to the alleged defective work described in the
application; and
(c) accompanied by the prescribed fee for the application.
(2) The application must include the following:
(a) the name and contact details of the applicant;
(b) the name and contact details of the respondent;
(c) the location of the residential building and a concise
description of the residential building work to which the
application relates;
(d) a concise description of the alleged defective work and
whether an alleged defect is non-structural or structural;
(e) all the other information the approved form requires.
(3) The applicant must give a copy of the application to the respondent
no later than 5 business days after the application is made.
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about acceptance
Division 3 Procedures for consumer guarantee dispute application
Building (Resolution of Residential Building Work Disputes) Regulations 2012 11
16 Consideration of technical inspection application and
acceptance
(1) Within 10 business days after a technical inspection application is
made, or as soon as is reasonably practicable after that time, the
Commissioner must decide whether to accept the application.
(2) The Commissioner may accept the application only if satisfied:
(a) the application relates to the residential building work
prescribed by regulation 6(2); and
(b) the parties specified in the application are the current owner
and builder in relation to the alleged defective building work;
and
(c) the application has been made within the effective period for
the consumer guarantee relevant to the alleged defective work
specified in the application; and
(d) the prescribed fee for the application has been paid.
(3) If there is insufficient information for the Commissioner to be
satisfied about the matters mentioned in subregulation (2), the
Commissioner may give the applicant a notice specifying:
(a) the further information required; and
(b) a reasonable time within which the information must be given.
(4) If the Commissioner decides to accept the application, the
Commissioner must follow the relevant procedures specified in
regulation 55.
17 Decision to reject technical inspection application
The Commissioner may decide to reject a technical inspection
application.
Division 3 Procedures for consumer guarantee dispute
application
18 Specified circumstance for consumer guarantee dispute
application
(1) For section 54FC(2)(b) of the Act, the specified circumstance for
a consumer guarantee dispute is that there must be no contractual
relationship between the current owner and builder in relation to the
residential building work to which the dispute relates.
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about acceptance
Division 3 Procedures for consumer guarantee dispute application
Building (Resolution of Residential Building Work Disputes) Regulations 2012 12
(2) If the current owner making a consumer guarantee dispute
application is the contracting owner in relation to the residential
building work, the contractual relationship between the parties to
the application is taken to have ended if:
(a) the residential building work has been completed under the
contract and the parties consider the contractual obligations
have been fulfilled; or
(b) regardless of whether the residential building work has been
completed under the contract – there is a dispute between the
parties about an alleged contravention and the relationship
between the parties has broken down irretrievably.
(3) For subregulation (2)(b), it is not necessary for the contract to have
been terminated at law.
19 Making consumer guarantee dispute application
(1) A consumer guarantee dispute application must include the
following information:
(a) the name and contact details of the applicant;
(b) if known – the name and contact details of the builder;
(c) if the applicant is unable to locate the builder – a statement to
that effect and concise details of the steps taken to locate the
builder;
(d) a statement that there is no contractual relationship between
the applicant and the respondent and the facts to support the
statement;
(e) the location of the land or residential building and a concise
description of the residential building work, as prescribed by
regulation 6(1), to which the dispute relates;
(f) a concise description of the alleged contravention;
(g) if the contravention relates to alleged defective work – a
description of the work and whether an alleged defect is
non-structural or structural;
(h) the date on which the applicant first became aware of the
alleged contravention;
Chapter 2 Applications to Commissioner
Part 2.1 Making applications and decisions about acceptance
Division 3 Procedures for consumer guarantee dispute application
Building (Resolution of Residential Building Work Disputes) Regulations 2012 13
(i) if the applicant has previously made a consumer guarantee
dispute application in relation to the same respondent and the
same residential building work (the previous application) –
concise details of the alleged contravention specified in that
application and the outcome of that application;
(j) all the other information the approved form requires.
Note for subregulation (1)(b) and (c)
The name and location of the builder may not be known to the current owner of
the residential building if the owner is a successor in title to the contracting
owner.
(2) The application must be accompanied by the prescribed fee.
(3) For subregulation (1)(i), the applicant is not prevented from making
a further consumer guarantee dispute application in relation to the
same residential building work if:
(a) the further alleged contravention is different from the alleged
contravention specified in the previous application; and
(b) the previous application has been decided or otherwise
concluded; and
(c) the further application relates to an alleged contravention the
applicant was not aware of, and could not reasonably have
been aware of, at the time of that decision or conclusion.
20 Decision whether to accept consumer guarantee dispute
application
(1) Within 10 business days after a consumer guarantee dispute
application is made, or as soon as is reasonably practicable after
that time, the Commissioner must decide whether to accept the
application.
(2) The Commissioner may accept the application only if satisfied
about the following:
(a) the application relates to the residential building work
prescribed by regulation 6(2);
(b) the parties specified in the application are the current owner
and builder in relation to the specified residential building
work;
(c) the specified circumstance for the application exists;
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 14
(d) the application has been made within the effective period
relevant to the alleged contravention;
(e) the matter in dispute has not previously been the subject of a
consumer guarantee dispute application for which a decision
has been made by the Commissioner or Tribunal;
(f) the prescribed fee for the application has been paid.
(3) If there is insufficient information for the Commissioner to be
satisfied about the matters mentioned in subregulation (2), the
Commissioner may give the applicant a notice specifying:
(a) the further information required and whether any of the
information is to be given by statutory declaration; and
(b) a reasonable time within which the information must be given.
(4) For the Commissioner to be satisfied about the matter mentioned in
subregulation (2)(c), the Commissioner is not required to decide
whether the contract has been terminated at law.
(5) If the Commissioner is satisfied about the matter mentioned in
subregulation (2)(c), a party to the application is not entitled to rely
on the acceptance of the application as a basis to assert the
contract between the parties has been legally terminated.
(6) If the Commissioner decides to accept the application, the
Commissioner must follow the procedures under Part 2.2,
Division 1.
21 Decision to reject consumer guarantee dispute application
The Commissioner may decide to reject a consumer guarantee
dispute application.
Part 2.2 Procedures for consumer guarantee dispute
applications accepted by Commissioner
Division 1 Procedures before making dispute decision
22 Assistance to locate respondent
If the applicant in a consumer guarantee dispute application is
unable to locate the respondent, the Commissioner may take any
steps the Commissioner considers reasonable to locate the
respondent.
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 15
23 Procedure after acceptance of application
(1) As soon as practicable after accepting a consumer guarantee
dispute application, the Commissioner must give the respondent:
(a) a copy of the application; and
(b) a notice, in the approved form, that includes the following:
(i) a statement that the Commissioner has accepted the
application;
(ii) a statement that the respondent may, in accordance with
regulation 24, respond to the matters included in the
application within the time specified in the notice;
(iii) information about the procedures relevant to the
application under this Part;
(iv) information about the negotiated agreement process and
the provisions relating to a technical inspection and
technical report;
(v) a request as to whether the respondent agrees to
participate in the negotiated agreement process;
(vi) a statement that the respondent is not precluded from
applying to a court, tribunal or administrative body in
relation to a claim against the applicant that is not
related to a consumer guarantee dispute.
Example for subregulation (1)(b)(vi)
A claim alleging a breach of contract by the applicant.
(2) The time mentioned in subregulation (1)(b)(ii) must be reasonable,
taking into account the apparent level of complexity of the matters
specified in the application.
(3) The Commissioner must also give the applicant a notice, in the
approved form, that includes the following information:
(a) a statement that the Commissioner has accepted the
application;
(b) a statement that the Commissioner has given the respondent
a notice:
(i) informing the respondent of the right to respond to the
matters specified in the application; and
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 16
(ii) requesting whether the respondent agrees to participate
in the negotiated agreement process;
(c) the time the Commissioner has allowed for the response to
the matters specified in the application;
(d) information about the procedures relevant to the application
under this Part;
(e) information about the negotiated agreement process and the
provisions relating to a technical inspection and report;
(f) a request as to whether the applicant agrees to participate in
the negotiated agreement process.
24 Response to application
(1) A response by a respondent to a consumer guarantee dispute
application must be in writing and include the following:
(a) a statement about any matters specified in the application that
are disputed or rejected by the respondent;
(b) any submission or documents relevant to the application;
(c) a statement as to whether the respondent agrees to
participate in the negotiated agreement process.
(2) The respondent may dispute or reject an alleged contravention on
the basis that the contravention occurred because the respondent
carried out instructions given by the applicant contrary to the
respondent's written advice.
(3) The respondent may apply to the Commissioner for an extension of
time within which to respond to the application.
(4) The respondent must give the response to the Commissioner, and
a copy to the applicant, within the time allowed by the
Commissioner under regulation 23(1)(b)(ii) or subregulation (3).
25 Procedure if response given
(1) As soon as practicable after the Commissioner receives a response
to a consumer guarantee dispute application, the Commissioner
must take action under this regulation.
(2) If both parties have agreed to participate in the negotiated
agreement process, the Commissioner must follow the procedures
in regulation 41.
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 17
(3) If one or both parties do not agree to participate in the negotiated
agreement process, the Commissioner may do any of the following:
(a) give one or both of the parties a notice requiring further
submissions to be made or further information to be given
(which may be by statutory declaration);
(b) decide to hold a directions hearing and give each party a
notice of the date, time and place of the hearing;
(c) fix a date, time and place for a hearing of the application and
give the parties a notice of those details;
(d) refer a question of law or the application to the Tribunal under
regulation 31.
26 Failure to give response
If the respondent does not give the Commissioner a response
within the time mentioned in regulation 24(3), the Commissioner
must:
(a) fix a time and place for a hearing of the application; and
(b) give the applicant and respondent a notice about the hearing
and the reasons for it.
27 Conducting proceeding
Without limiting regulation 67(2), the Commissioner may do any of
the following at any stage of a proceeding for a consumer
guarantee dispute application:
(a) with the agreement of the parties – arrange for a conference
to be held to facilitate the negotiated agreement process;
(b) on the application of a party and payment of the prescribed
fee – appoint a qualified person to conduct a technical
inspection and give a technical report relating to any of the
alleged defective work specified in the application;
(c) hold a directions hearing;
(d) adjourn the proceeding until conditions fixed by the
Commissioner are met;
(e) fix a period within which an action in the proceeding is to be
taken;
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 18
(f) extend a period within which an action in the proceeding is to
be taken, whether or not the period has expired;
(g) allow an amendment of an application or another document as
the Commissioner considers appropriate;
(h) fix a time and place for hearing the application.
28 Directions hearing
(1) At a directions hearing for a consumer guarantee dispute
application, the Commissioner may give directions on any matters
in the proceeding as the Commissioner considers appropriate.
(2) Without limiting subregulation (1), the directions may relate to any
of the following matters:
(a) the requirement for a party to do any of the following:
(i) make a written submission;
(ii) make a statutory declaration;
(iii) give other information or documents;
(b) the place and time of the hearing of the application;
(c) the way in which the hearing is to be conducted.
29 Conducting hearing
(1) The Commissioner may conduct a hearing for a consumer
guarantee dispute application in the way the Commissioner
considers appropriate, including by hearing the application in
private or public or in the absence of a party.
(2) The Commissioner may conduct one hearing for multiple consumer
guarantee dispute applications if the Commissioner considers it
appropriate to do so.
Example for subregulation (2)
The applications relate to alleged contraventions by the same respondent.
(3) The Commissioner may dismiss a consumer guarantee dispute
application if the applicant is absent from the hearing without a
reasonable excuse.
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 1 Procedures before making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 19
30 Evidence at hearing
(1) The Commissioner has the following powers in conducting a
hearing for a consumer guarantee dispute application:
(a) by summons, to require a person to attend before the
Commissioner;
(b) by summons, to require the production of documents;
(c) to inspect documents produced to the Commissioner, retain
the documents for a reasonable period and make copies of
any of the contents;
(d) to require a person appearing before the Commissioner to do
one or both of the following:
(i) give evidence on oath;
(ii) whether summonsed to appear or not – answer relevant
questions put by the Commissioner or a person
appearing before the Commissioner;
(e) to receive in evidence a transcript of evidence in a proceeding
before a court, tribunal or administrative body and draw
conclusions of fact from that evidence.
(2) Without limiting subregulation (1), the Commissioner may require:
(a) the qualified person for the application, and any expert
mentioned in regulation 59, to give evidence in the hearing;
and
(b) a technical report and any report given by the expert to be
produced as evidence.
(3) A person must comply with a requirement given to the person under
this regulation.
Maximum penalty: 100 penalty units.
31 Referrals to Tribunal
(1) At any stage of a proceeding for a consumer guarantee dispute
application, including during the hearing, the Commissioner may
refer a question of law to the Tribunal for its determination.
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 2 Making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 20
(2) At any stage of a proceeding for a consumer guarantee dispute
application, other than at the hearing, the Commissioner may refer
the application to the Tribunal for its consideration and decision if:
(a) the application involves complex questions of fact or law (or
both); and
(b) the Commissioner is of the opinion that the application should
be dealt with by the Tribunal.
(3) The Commissioner must:
(a) give a notice of a referral under this regulation to the parties to
the application; and
(b) give the Tribunal all the relevant information about the
proceeding.
Division 2 Making dispute decision
32 Dispute decisions generally
(1) The Commissioner may make one of the following decisions in a
consumer guarantee dispute application (a dispute decision):
(a) the respondent has contravened all of the consumer
guarantees as alleged in the application;
(b) the respondent has contravened some of the consumer
guarantees as alleged in the application;
(c) the respondent has not contravened any of the consumer
guarantees as alleged in the application and the application is
dismissed.
(2) A dispute decision made under subregulation (1)(a) or (b) may
include any of the orders mentioned in regulations 33 to 35 as
relevant.
(3) The Commissioner must refer a dispute decision made under
subregulation (1)(a) or (b) to the Tribunal if:
(a) the Commissioner has decided it is appropriate in the
circumstances to make an order for the respondent to pay
compensation to the applicant; and
(b) the amount of compensation assessed to be payable exceeds
$100 000.
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 2 Making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 21
33 Orders relating to non-completion of work
(1) If a dispute decision relates to a contravention of a consumer
guarantee because of the non-completion of work, the
Commissioner may order the respondent to complete the work.
(2) However, if the Commissioner is satisfied there are circumstances
that make an order for completion impracticable, the Commissioner
may order the respondent to pay a specified amount, not exceeding
$100 000, as compensation to the applicant.
34 Orders relating to defective work
(1) If a dispute decision relates to a contravention of a consumer
guarantee because of defective work, the Commissioner may order
the respondent to rectify the work, including rectification in a way
recommended by:
(a) the technical report given by a qualified person; or
(b) any other person who gave evidence about the matter to the
Commissioner.
(2) However, if the Commissioner is satisfied there are circumstances
that make an order for rectification impracticable, the Commissioner
may order the respondent to pay a specified amount, not exceeding
$100 000, as compensation to the applicant.
(3) If the dispute decision orders the respondent to rectify the defective
work, the Commissioner may also require:
(a) the applicant to engage a suitably qualified person to inspect
the rectified work; and
(b) the respondent to pay the reasonable costs of the inspection
incurred by the applicant.
(4) A respondent who is ordered by the Commissioner to rectify
defective work may comply with the requirement by engaging
another suitably qualified residential builder to complete the work.
35 Compliance period and order to notify compliance
(1) This regulation applies if a dispute decision includes an order for
the respondent to:
(a) rectify defective work; or
(b) complete residential building work within a time specified by
the Commissioner; or
Chapter 2 Applications to Commissioner
Part 2.2 Procedures for consumer guarantee dispute applications accepted by
Commissioner
Division 2 Making dispute decision
Building (Resolution of Residential Building Work Disputes) Regulations 2012 22
(c) pay compensation to the applicant.
(2) The Commissioner must specify a reasonable period for
compliance with the order (a compliance period), which must not
be less than 25 business days after the date of the decision.
Note for subregulation (2)
The compliance period takes into account the period allowed for a review of the
dispute decision.
(3) The decision must also:
(a) order the respondent to give the Commissioner a notice
confirming compliance with the order as soon as practicable
after compliance and no later than 5 business days after the
end of the compliance period; and
(b) include information about the matters mentioned in Chapter 4.
37 Publication of dispute decision
(1) The Commissioner may publish a dispute decision:
(a) if the period for applying for a review of the decision has
expired and no application has been made – after the expiry of
that period; or
(b) if an application for a review of the decision has been made –
after the Tribunal has decided the application.
(2) The publication of a dispute decision must include details about the
outcome of the consumer guarantee dispute application for which
the decision was made.
Examples of outcomes for subregulation (2)
1 In relation to work found to be defective – whether the builder rectified or
completed the defective work or paid the compensation as ordered and
whether that was done within the compliance period specified in the dispute
decision.
2 In relation to work found not to be defective – whether the dispute decision
was varied or set aside by the Tribunal and, if so, a brief description of the
Tribunal's decision.
(3) Publication of a dispute decision may be in any form the
Commissioner considers appropriate, including on the Internet.
(4) A dispute decision published on the Internet is to be removed
5 years after publication.
Chapter 2 Applications to Commissioner
Part 2.3 Negotiated agreement process
Division 1 Preliminary conference
Building (Resolution of Residential Building Work Disputes) Regulations 2012 23
38 No liability for publication of report in good faith
(1) A person is not civilly or criminally liable for publishing, in good faith
for the information of the public, a fair and accurate report of
matters before the Commissioner at a public hearing of a consumer
guarantee dispute application.
(2) A report mentioned in subregulation (1) is taken to be published in
good faith for the information of the public if the publication was not
actuated by ill-will towards a person defamed or by another
improper motive.
Part 2.3 Negotiated agreement process
Division 1 Preliminary conference
39 Application of Division
This Division applies if one of the following circumstances applies:
(a) the Commissioner has accepted a mediation or conciliation
application under regulation 12;
(b) both parties to a technical inspection application or consumer
guarantee dispute application have agreed to participate in the
negotiated agreement process.
40 Procedure for mediation or conciliation application
(1) As soon as practicable after accepting a mediation or conciliation
application, the Commissioner must give the respondent:
(a) a copy of the application; and
(b) a notice, in the approved form, that includes the following:
(i) a statement that the Commissioner has accepted the
application;
(ii) a request as to whether the respondent agrees to
participate in the negotiated agreement process;
(iii) a statement that if the respondent agrees to participate,
the respondent must complete and return the relevant
part of the form within 5 business days after receiving
the notice;
(iv) information about the negotiated agreement process.
Chapter 2 Applications to Commissioner
Part 2.3 Negotiated agreement process
Division 1 Preliminary conference
Building (Resolution of Residential Building Work Disputes) Regulations 2012 24
(2) The Commissioner must give the applicant a copy of the notice
given to the respondent.
41 Facilitating preliminary conference for any application
As soon as practicable after both parties to an application have
agreed to participate in the negotiated agreement process, the
Commissioner must:
(a) decide who will be the convenor for the preliminary
conference; and
(b) fix a time and place for the conference; and
(c) give the parties a notice that includes the following
information:
(i) the time and place at which the conference is to be held;
(ii) the matters mentioned in this Part about the purpose of,
and attendance at, the conference;
(iii) all relevant information about the negotiated agreement
process.
42 Purpose of preliminary conference and role of convenor
(1) The purpose of the preliminary conference is to enable the
convenor of the conference to:
(a) give information to ensure the parties to the relevant
application are fully aware of their rights and obligations under
the Act; and
(b) encourage full and open communication between the parties
about the matters in dispute between them; and
(c) encourage the parties to:
(i) reach agreement about the facts relevant to the matters
in dispute; and
(ii) consider options for reaching agreement about the
matters in dispute; and
(d) explain to the parties the different purposes of a mediation
conference and conciliation conference; and
Chapter 2 Applications to Commissioner
Part 2.3 Negotiated agreement process
Division 2 Mediation conference and conciliation conference
Building (Resolution of Residential Building Work Disputes) Regulations 2012 25
(e) with the agreement of the parties – arrange for their
attendance at a mediation conference or conciliation
conference (unless the parties have reached agreement at the
preliminary conference).
(2) The convener may provide advice on the matters in dispute and
suggest options for reaching agreement about those matters.
Division 2 Mediation conference and conciliation conference
43 Facilitating mediation conference or conciliation conference
As soon as practicable after both parties to an application have
agreed to participate in a mediation conference or conciliation
conference, the Commissioner must:
(a) decide who will be the convenor for the conference; and
(b) fix a time and place for the conference; and
(c) give the parties a notice that includes the following
information:
(i) the time and place at which the conference is to be held;
(ii) the matters mentioned in this Part about the purpose of,
and attendance at, the conference;
(iii) any other relevant information.
44 Purpose of mediation conference and role of convenor
(1) The purpose of a mediation conference is to provide for a process
in which the parties to an application are able to:
(a) identify the matters in dispute; and
(b) develop options, consider alternatives, and attempt in good
faith to reach an agreement.
(2) In conducting the conference, the convenor must apply the
principles of natural justice and, in particular, must:
(a) give each party every opportunity to be heard; and
(b) allow proper consideration by each party of any written
statement submitted by the other party.
Chapter 2 Applications to Commissioner
Part 2.3 Negotiated agreement process
Division 3 General provisions
Building (Resolution of Residential Building Work Disputes) Regulations 2012 26
(3) The convenor:
(a) acts only as a facilitator at the conference; and
(b) has no advisory role about the matter in dispute; and
(c) must not decide the matter in dispute.
(4) However, the convenor may advise on, or decide, the process of
mediation for resolution of the dispute.
45 Purpose of conciliation conference and role of convenor
(1) The purpose of a conciliation conference is to enable the parties to
an application, with the assistance of the convenor, to negotiate an
agreement about the matters in dispute between the parties.
(2) The convenor for the conference may give advice to the parties
about possible options for resolving the matters in dispute.
Division 3 General provisions
46 Convenor for conference
(1) The convenor for a conference is one of the following persons:
(a) for a preliminary conference – the Commissioner or a delegate
of the Commissioner;
(b) for a mediation conference – a person who has the relevant
qualifications to conduct mediation;
(c) for a conciliation conference – a person who has the relevant
qualifications to conduct conciliation in relation to the matters
in dispute.
(2) The convenor for a conciliation conference must have knowledge of
one or both of the following, as appropriate:
(a) the rights and obligations of the parties in relation to the
matters in dispute;
(b) matters relevant to residential building work.
(3) In relation to a consumer guarantee dispute application, the
convenor for a mediation conference or conciliation conference
must not take any further part in the proceeding for the application
unless both parties agree.
Chapter 2 Applications to Commissioner
Part 2.3 Negotiated agreement process
Division 3 General provisions
Building (Resolution of Residential Building Work Disputes) Regulations 2012 27
47 Attendance at conference
(1) The parties to an application in relation to which a conference is
held must attend the conference.
(2) A party that is a body corporate may be represented at the
conference by an officer or employee of the body corporate.
(3) A party attending the conference must not be represented by a
legally qualified person unless:
(a) the other party agrees to the representation; or
(b) the convenor is of the opinion that neither party will be
disadvantaged by the representation.
(4) A party may be represented by a person who is not legally qualified
if:
(a) both parties have agreed to the representation and the
convenor is satisfied:
(i) the representation will not unfairly disadvantage an
unrepresented party; or
(ii) if the appropriate information or assistance (or both) can
be given by the convenor to an unrepresented party –
the unrepresented party will not be unfairly
disadvantaged; or
(b) the convenor is satisfied the party is unable, without
assistance, to make a proper contribution towards achieving
the purpose of the conference.
48 Place for holding conference
(1) Subject to subregulation (2), a conference may be held at any place
the Commissioner considers appropriate.
(2) Only a conciliation conference may be held at the location of the
residential building work to which the application relates.
49 Conference not open to public
A conference must not be open to the public.
Chapter 2 Applications to Commissioner
Part 2.3 Negotiated agreement process
Division 3 General provisions
Building (Resolution of Residential Building Work Disputes) Regulations 2012 28
50 Record of conference and outcomes
(1) At a conference, the convenor must make a written record of the
following matters in relation to the application:
(a) the parties;
(b) the matters in dispute;
(c) the outcome of the conference.
(2) The record must not include any details of the discussions at the
conference.
(3) If agreement is reached on any matter at the conference, the
convenor must:
(a) make a written record of:
(i) the details of the agreement; and
(ii) the names of the parties; and
(b) have the record signed by the parties; and
(c) explain to the parties the effect of the agreement as
mentioned in regulation 51.
(4) If the parties do not reach agreement at a conference, the convenor
must explain to the parties the procedures relevant to the
application under regulation 52.
51 Effect of agreement and related decision
(1) An agreement recorded at a conference is binding on the parties.
(2) If the convenor for the conference is the Commissioner, he or she
may make a decision at the conference in accordance with the
agreement (a negotiated agreement decision).
(3) If the convenor for the conference is not the Commissioner, the
convenor must give the Commissioner a copy of the agreement and
the Commissioner may make a negotiated agreement decision in
accordance with the agreement.
(4) Chapter 4 applies in relation to the enforcement and contravention
of a negotiated agreement decision as if the decision were a
dispute decision.
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 1 Appointment of qualified person and technical inspection
Building (Resolution of Residential Building Work Disputes) Regulations 2012 29
52 Effect if no agreement reached
(1) If the parties to an application do not reach agreement at a
conference, the convenor (if not the Commissioner) must give the
Commissioner a notice of that fact and give a copy to each party.
(2) If the conference is held for a mediation or conciliation application,
or a technical inspection application made under regulation 15, the
Commissioner:
(a) need take no further action in relation to the application; and
(b) must give the parties a notice to that effect.
(3) The notice under subregulation (2) may include information about
other processes that may be available to the parties for resolving
the dispute.
(4) If the conference is held for a consumer guarantee dispute
application, the Commissioner must continue to deal with the
application under Part 2.2.
53 Restriction on evidence
Evidence of anything said or done in the course of a conference is
inadmissible in a proceeding under these Regulations or before a
court, except with the consent of all parties to the proceeding.
54 Confidentiality
The convenor for a conference must not disclose to another person
(including the Commissioner) information obtained in the course of
the conference, except with the consent of all parties to the
conference or in the course of the convenor's duties under these
Regulations.
Maximum penalty: 100 penalty units.
Part 2.4 Technical inspection and technical report
Division 1 Appointment of qualified person and technical
inspection
55 Appointment of qualified person
(1) This regulation applies if:
(a) the Commissioner decides to accept a technical inspection
application under regulation 16; or
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 1 Appointment of qualified person and technical inspection
Building (Resolution of Residential Building Work Disputes) Regulations 2012 30
(b) at any stage of a proceeding for a consumer guarantee
dispute application a party to the application has made a
technical inspection application.
(2) The Commissioner must, as soon as practicable:
(a) appoint an individual (a qualified person), as mentioned in
section 54FB(4) of the Act, to conduct a technical inspection
and give a report relating to the alleged defective work
specified in the relevant application; and
(b) give the parties to the relevant application a notice of the
appointment and the name and contact details of the qualified
person.
(3) The Commissioner must ensure that the individual appointed as the
qualified person has the relevant qualifications and expertise to
conduct the technical inspection.
(4) The appointment of a qualified person must specify:
(a) the alleged defective work the person is appointed to inspect;
and
(b) the functions and powers of the qualified person.
56 Entry to conduct technical inspection and presence of parties
(1) For obtaining entry to the residential building to conduct a technical
inspection of the alleged defective work, the qualified person must
make all reasonable efforts to:
(a) arrange with the current owner of the building a suitable time
for the inspection; and
(b) give the builder who carried out the alleged defective work, or
a person nominated by the builder, reasonable notice before
conducting the inspection.
(2) The qualified person must also give the following persons the
opportunity to be present during the technical inspection:
(a) the current owner;
(b) the builder or a person nominated by the builder.
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 1 Appointment of qualified person and technical inspection
Building (Resolution of Residential Building Work Disputes) Regulations 2012 31
57 Conducting technical inspection
(1) In conducting a technical inspection, the qualified person may take
any action that is reasonably required to properly assess the
alleged defective work, including any of the following:
(a) subject to regulation 56 – enter the residential building and the
land on which the building is situated;
(b) take photographs and make video recordings, sketches and
other records;
(c) take samples of anything on, or in connection with, the
building for analysis or testing;
(d) with the written agreement of the applicant in the relevant
application – conduct tests that may have a significant impact
on the building or land (for example, by demolishing, opening
or cutting into the building).
(2) The agreement mentioned in subregulation (1)(d) must also include
an agreement that the applicant in the relevant application will pay
for any costs associated with conducting the tests.
(3) If, at the time the qualified person is conducting the technical
inspection, either party to the relevant application is at the
residential building or on the land where the residential building is
situated, the qualified person may:
(a) ask questions of the party; and
(b) request the party for assistance in conducting the inspection.
(4) The qualified person must take into account whether the alleged
defective work has been carried out in compliance with the Act, the
Building Regulations 1993 and any standards or guidelines relevant
to the work.
(5) The qualified person must:
(a) confine the technical inspection to the alleged defective work;
and
(b) act impartially in conducting the inspection.
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 1 Appointment of qualified person and technical inspection
Building (Resolution of Residential Building Work Disputes) Regulations 2012 32
58 Additional defective work found during technical inspection
(1) This regulation applies if, when conducting the technical inspection,
the qualified person becomes aware of residential building work:
(a) that is defective; and
(b) that was carried out by the same builder; and
(c) that is not specified in the relevant application as alleged
defective work.
(2) The qualified person must give a notice, in the approved form, to
the Commissioner and the parties to the relevant application.
(3) The party who made the relevant application may, within 5 business
days after being given the notice by the qualified person:
(a) in the approved form, amend the relevant application to
include the work as additional alleged defective work; and
(b) give the notice to the Commissioner and a copy to the
qualified person and the other party.
(4) After receiving the copy of the notice, the qualified person may
conduct a technical inspection of the additional alleged defective
work.
(5) If the relevant application was made in a proceeding for a consumer
guarantee dispute application, either party:
(a) may give the Commissioner further submissions or information
relevant to the additional alleged defective work; and
(b) if a party does so – must give copies to the other party.
59 Obtaining additional expert investigation and report
(1) This regulation applies if the qualified person forms the opinion that
the nature of particular alleged defective work requires investigation
and a report by a person with particular technical expertise.
(2) The qualified person must give a notice of that fact, in the approved
form, to the Commissioner and the parties to the relevant
application.
(3) Either party may, at the party's own cost, engage a person with the
relevant technical expertise to investigate the alleged defective
work and give the other party a report about the work.
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 2 Technical report by qualified person
Building (Resolution of Residential Building Work Disputes) Regulations 2012 33
(4) A party who engages a person under subregulation (3) must give
notice of that fact, in the approved form, to the Commissioner and
the other party.
60 Notice to building certifier
(1) This regulation applies if the qualified person considers the builder
has carried out the alleged defective work in contravention of the
Act, the Building Regulations 1993 or any standards or guidelines
relevant to the work.
(2) The qualified person must, as soon as practicable, notify the
building certifier for the work:
(a) of the details of the contravention; and
(b) that the contravention will be specified in a technical report
given to the Commissioner.
61 Offences relating to technical inspection
(1) A person must not, without reasonable excuse:
(a) prevent a qualified person from carrying out a technical
inspection; or
(b) obstruct a qualified person when conducting an inspection; or
(c) fail to answer a question asked by a qualified person in
relation to an inspection; or
(d) fail to provide assistance to a qualified person during an
inspection when requested to do so.
Maximum penalty: 100 penalty units.
(2) In this regulation:
obstruct includes resist and hinder.
Division 2 Technical report by qualified person
62 Giving technical report to Commissioner
(1) As soon as practicable after completing the technical inspection,
the qualified person must prepare the technical report and give it to
the Commissioner.
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 2 Technical report by qualified person
Building (Resolution of Residential Building Work Disputes) Regulations 2012 34
(2) The technical report must be in writing and must specify:
(a) whether the qualified person is of the opinion that any or all of
the alleged defective work is defective; or
(b) whether the qualified person is unable to form such an
opinion.
(3) If the qualified person forms the opinion that any or all of the
alleged defective work is defective, the qualified person must
include in the report:
(a) details of the defective work; and
(b) recommendations about how the defective work can be
rectified.
(4) If the qualified person considers the builder has contravened the
Act, the Building Regulations 1993 or any standards or guidelines
relevant to the work, the qualified person must include in the
technical report:
(a) a statement of the opinion; and
(b) the facts on which the opinion is based; and
(c) confirmation that the qualified person has notified the building
certifier under regulation 60.
(5) If the applicant in the relevant application did not agree to a test
mentioned in regulation 69(1)(d), and the qualified person considers
the test was necessary to finalise the technical report, the qualified
person:
(a) must specify that fact in the report; and
(b) if relevant – may specify there is inadequate evidence from
the visual inspection to reach a conclusion about whether the
alleged defective work is actually defective.
63 Giving technical report and notice to parties
As soon as practicable after being given a technical report for a
relevant application, the Commissioner must consider the report
and give the parties to the application:
(a) a copy of the report; and
Chapter 2 Applications to Commissioner
Part 2.4 Technical inspection and technical report
Division 2 Technical report by qualified person
Building (Resolution of Residential Building Work Disputes) Regulations 2012 35
(b) a notice of the Commissioner's opinion in relation to the report
and the procedures relevant to the application as specified in
regulation 64 or 65.
64 Technical inspection application other than for consumer
guarantee dispute application
(1) This regulation applies if the technical report is given in relation to a
technical inspection application made under regulation 15.
(2) If the report does not identify any defective work as alleged in the
application, the Commissioner:
(a) need take no further action in relation to the application; and
(b) must give the parties a notice to that effect.
(3) If the report identifies defective work:
(a) the builder who carried out the defective work may rectify the
work in a way that is recommended in the report; or
(b) the parties may agree to participate in the negotiated
agreement process; or
(c) if the defective work can be the subject of a consumer
guarantee dispute – the current owner in relation to the work
may make a consumer guarantee dispute application; or
(d) if paragraphs (a) to (c) do not apply – the current owner in
relation to the work may seek a remedy under another law in
force in the Territory.
65 Technical inspection application made for consumer
guarantee dispute application
(1) This regulation applies if the technical report is given in relation to a
consumer guarantee dispute application.
(2) The Commissioner may dismiss the application under Part 2.2,
Division 2 only if:
(a) the report does not identify any defective work as alleged in
the application; and
(b) the application does not also allege another contravention of
the consumer guarantees (for example, non-completion of
work).
Chapter 2 Applications to Commissioner
Part 2.5 General procedures for all applications
Building (Resolution of Residential Building Work Disputes) Regulations 2012 36
Part 2.5 General procedures for all applications
66 Lodgment and fees
(1) Any application or other document required to be made or given to
the Commissioner must be lodged at an office of the
Commissioner.
(2) An application or document may be lodged:
(a) personally or by post; or
(b) by another method acceptable to the Commissioner.
(3) Schedule 1 prescribes the fee payable for making an application
mentioned in the Schedule.
67 General conduct of proceeding
(1) The Commissioner may conduct any part of a proceeding at the
time and in the place the Commissioner considers appropriate in
the circumstances.
(2) Subject to section 54FD of the Act and these Regulations, the
Commissioner may decide the procedure to be followed in a
proceeding and may give directions and do all things the
Commissioner considers necessary or expedient in the proceeding.
68 Representation of party
(1) A party to an application is not entitled to be represented by a
legally qualified person unless:
(a) the other party agrees to the representation; or
(b) the Commissioner is of the opinion that neither party will be
disadvantaged by the representation.
(2) A party that is a body corporate may be represented by an officer or
employee of the body corporate.
(3) A party may be represented by a person who is not legally qualified
if:
(a) both parties have agreed to the representation and the
convenor is satisfied:
(i) the representation will not unfairly disadvantage an
unrepresented party; or
Chapter 2 Applications to Commissioner
Part 2.5 General procedures for all applications
Building (Resolution of Residential Building Work Disputes) Regulations 2012 37
(ii) if the appropriate information or assistance (or both) can
be given by the Commissioner to an unrepresented
party – the unrepresented party will not be unfairly
disadvantaged; or
(b) the Commissioner is satisfied the party is unable, without
assistance, to make a proper contribution towards achieving
the purpose of the conference.
69 Power to amend where defect or error in form
(1) A document given to a party by the Commissioner is not invalid
because of a defect or error in its form alone.
(2) The Commissioner may amend a document to correct a defect or
error in its form.
70 Effect of non-compliance with procedures
A failure to comply with the procedures specified in these
Regulations is an irregularity and does not nullify:
(a) a proceeding; or
(b) a step taken, document used or order made in a proceeding.
71 Withdrawal of application
An application may be withdrawn by the applicant at any time
during the proceeding.
72 Costs
(1) Subject to this regulation, a party to a proceeding must bear that
party's own costs in the proceeding.
(2) The Commissioner may require a party to pay the other party's
reasonable administrative disbursements in connection with the
proceeding (for example, photocopying costs).
(3) In addition, if the circumstances warrant it, the Commissioner may
direct a party to pay the reasonable costs of the other party incurred
in relation to any of the following:
(a) a technical inspection and technical report;
(b) an investigation and report of an expert mentioned in
regulation 59.
Chapter 3 Proceedings before Tribunal
Part 3.3 Referrals to Tribunal by Commissioner
Building (Resolution of Residential Building Work Disputes) Regulations 2012 38
73 Contempt
A person must not:
(a) threaten, intimidate or insult the Commissioner in the
performance of the functions or exercise of the powers of the
office under these Regulations; or
(b) interrupt, obstruct or hinder a proceeding; or
(c) create a disturbance, or take part in creating or continuing a
disturbance, in or near a place where the Commissioner is
conducting a proceeding.
Maximum penalty: 100 penalty units.
Chapter 3 Proceedings before Tribunal
Part 3.1 Reviews of Commissioner's decisions
74 Reviewable decision and affected person
(1) The Tribunal has review jurisdiction in relation to a decision (a
reviewable decision) mentioned in Schedule 2.
(2) An affected person, for a reviewable decision, is a person
mentioned in Schedule 2 for the decision.
Part 3.3 Referrals to Tribunal by Commissioner
85 Questions of law
(1) This regulation applies if, under regulation 31(1), the Commissioner
refers a question of law in a consumer guarantee dispute
application to the Tribunal for its determination.
(2) After making the determination, the Tribunal may:
(a) refer the matter back to the Commissioner to continue dealing
with the application; or
(b) if the Tribunal considers the complexity of the application
warrants it:
(i) decide to deal with the application; and
(ii) give the Commissioner a notice of the decision.
Chapter 4 Enforcement of decisions and consequences of contraventions
Part 4.1 Enforcement of decisions
Building (Resolution of Residential Building Work Disputes) Regulations 2012 39
86 Complex proceedings
(1) This regulation applies if:
(a) under regulation 31(2), the Commissioner refers a consumer
guarantee dispute application to the Tribunal; or
(b) under regulation 85(2)(b)(i), the Tribunal decides to deal with a
consumer guarantee dispute application.
(2) In dealing with the application, the Tribunal may exercise the
powers of the Commissioner under these Regulations.
(3) However, if the Tribunal's decision includes an order that the builder
must pay compensation to the current owner, the amount ordered
to be paid may exceed $100 000.
(4) To avoid doubt, if the Tribunal's decision includes an order
mentioned in regulation 35(3)(a), the builder must give the notice
about compliance to the Commissioner and not to the Tribunal.
(5) The Tribunal must give the Commissioner a copy of its decision.
87 Appeal to Supreme Court
A person may appeal to the Supreme Court against a decision of
the Tribunal under regulation 86 on a question of law only.
Chapter 4 Enforcement of decisions and consequences
of contraventions
Part 4.1 Enforcement of decisions
88 Enforcement of order to pay money
(1) If a decision maker orders a party to a proceeding to pay an amount
of money to the other party, the amount is recoverable as a debt
due to that other party.
(2) The party to whom the amount is payable may apply to a court of
competent jurisdiction for the registration and enforcement of the
decision maker's order.
Chapter 4 Enforcement of decisions and consequences of contraventions
Part 4.2 Consequences of contraventions
Building (Resolution of Residential Building Work Disputes) Regulations 2012 40
(3) If the decision maker in a proceeding orders a builder to take an
action other than to pay an amount of money to the current owner,
and the builder contravenes the order:
(a) the current owner may apply to the decision maker to revoke
the order and replace it with an order for the payment of
money to the owner; and
(b) the amount ordered to be paid is recoverable as a debt due to
the owner; and
(c) subregulation (2) applies.
89 Application to Local Court for enforcement of other orders
(1) This regulation applies if a decision maker orders a builder to do an
act, or abstain from doing an act, other than to pay money.
(2) For section 23(1) of the Local Court (Civil Procedure) Act 1989, the
Local Court is given the power mentioned in that provision in
relation to the act mentioned in the order.
Part 4.2 Consequences of contraventions
90 Failure to give notice about compliance
(1) If a decision maker makes an order mentioned in
regulation 35(3)(a) and the builder does not give the Commissioner
a notice about compliance as ordered, the Commissioner must give
the Practitioners Board and Director a notice of the builder's
contravention of the order.
(2) The Practitioners Board may:
(a) place on the public record that the builder has contravened the
order; and
(b) take appropriate disciplinary action against the builder.
91 Offence to give false or misleading information in notice about
compliance
A builder must not give false or misleading information in a notice
about compliance mentioned in regulation 35(3)(a).
Maximum penalty: 100 penalty units.
Chapter 4 Enforcement of decisions and consequences of contraventions
Part 4.2 Consequences of contraventions
Building (Resolution of Residential Building Work Disputes) Regulations 2012 41
92 Disciplinary action for specified contravention of dispute
decision
(1) This regulation applies in relation to a dispute decision made by the
Commissioner under regulation 32(1)(a) or (b) that orders a builder
to rectify residential building work.
(2) For section 34X(1)(c) of the Act, a contravention of the order in the
decision is specified to be professional misconduct.
(3) However, subregulation (2) does not apply until the Commissioner
and Practitioners Board are satisfied the builder:
(a) has not applied for a review of the dispute decision; or
(b) has made an application for a review to the Tribunal but is still
subject to an order to rectify the work; or
(c) has not applied to a court in relation to the same, or
substantially the same, matter in dispute (for example, a
contractual dispute which is not a consumer guarantee dispute
but is about the same residential building work).
93 Other disciplinary action for contravention of dispute decision
(1) This regulation applies in relation to a dispute decision made by the
Commissioner under regulation 32(1)(a) or (b) that orders the
builder to:
(a) complete residential building work; or
(b) pay a specified amount of compensation.
(2) If the builder contravenes the order:
(a) the Practitioners Board may take any of the actions mentioned
in section 34Y(1)(a) to (d) and (2) of the Act in relation to the
builder; and
(b) sections 34Y(3) to (5) and 34Z of the Act apply in relation to
the actions of the Board.
94 Disciplinary action for contravention of Tribunal's decision
(1) This regulation applies in relation to a decision made by the
Tribunal that a builder has contravened a consumer guarantee and
is ordered to do any of the following:
(a) complete residential building work;
(b) rectify residential building work;
Chapter 5 Miscellaneous matters
Building (Resolution of Residential Building Work Disputes) Regulations 2012 42
(c) pay a specified amount of compensation.
(2) If the builder contravenes the order:
(a) the Practitioners Board may take any of the actions mentioned
in section 34Y(1)(a) to (d) and (2) of the Act in relation to the
builder; and
(b) sections 34Y(3) to (5) and 34Z of the Act apply in relation to
the actions of the Board.
95 Offence to contravene order of decision maker
(1) A builder who contravenes an order of a decision maker given
under these Regulations commits an offence.
Maximum penalty: 100 penalty units.
(2) It is a defence to a prosecution for an offence against
subregulation (1) if the defendant establishes a reasonable excuse.
Chapter 5 Miscellaneous matters
96 Protection from liability
(1) A person is not civilly or criminally liable for an act done or omitted
to be done by the person in good faith in the exercise of a power or
performance of a function as any of the following:
(a) the Commissioner;
(b) a delegate of the Commissioner;
(c) a qualified person;
(d) a convenor.
(2) Subregulation (1) does not affect any liability the Territory would,
apart from that subregulation, have for the act or omission.
(3) In this regulation:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments) (No. 2) Act 2014
Building (Resolution of Residential Building Work Disputes) Regulations 2012 43
97 Records of applications
(1) The Commissioner must keep records of applications accepted by
the Commissioner.
(2) Without limiting subregulation (1), the records must include:
(a) the number and nature of applications accepted; and
(b) the number and nature of applications that are resolved by the
negotiated agreement process.
(3) The Commissioner must give the information mentioned in
subregulation (2) to the Chief Executive Officer no later than
3 months after the end of each financial year.
(4) However, the information about the nature of the applications given
to the Chief Executive Officer is to be a general description only
and the confidentiality of the parties to the applications must be
preserved.
98 Commissioner to give notice of contraventions by builder
If, during a proceeding, the Commissioner becomes aware that a
builder has contravened the Act, a regulation made under the Act or
any standards or guidelines relevant to residential building work
carried out by the builder, the Commissioner must give notice of the
contravention to the Practitioners Board and Director.
Chapter 6 Transitional matters for Northern Territory Civil
and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014
99 Definitions
commencement means the commencement of Part 3 of the
Northern Territory Civil and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately
before the commencement:
(a) the Act and these Regulations;
(b) the Lands, Planning and Mining Tribunal Act 1998.
Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments) (No. 2) Act 2014
Building (Resolution of Residential Building Work Disputes) Regulations 2012 44
former Tribunal means the Lands, Planning and Mining Tribunal
as in existence under the Lands, Planning and Mining Tribunal
Act 1998 immediately before the commencement of the Northern
Territory Civil and Administrative Tribunal Act 2014.
new legislation means the following as in force after the
commencement:
(a) the Act and these Regulations;
(b) the Northern Territory Civil and Administrative Tribunal
Act 2014.
100 Review of or appeal against Commissioner's decision notified
before commencement
(1) This regulation applies if:
(a) before the commencement, the Commissioner had given a
person a relevant notice for a decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the review or
appeal period had not expired and the person had not
applied for a review of, or appeal against, the decision;
(ii) before the commencement, the person had applied for a
review of, or appealed against, the decision within the
review or appeal period and the proceeding for the
review or appeal had not been decided by the former
Tribunal.
(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the
former legislation continues to apply in relation to the entitlement of
the person to apply for a review or, or to appeal against, the
decision within the review or appeal period.
(3) The former legislation continues to apply in relation to the functions
and powers of the former Tribunal in conducting and deciding a
proceeding for the review or appeal regardless of whether the
proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal
(Conferral of Jurisdiction Amendments) (No. 2) Act 2014
Building (Resolution of Residential Building Work Disputes) Regulations 2012 45
(4) In this regulation:
relevant notice, for a decision, means one of the following:
(a) a review notice;
(b) a notice of a dispute decision given under regulation 32(4).
review or appeal period means the period within which a person
given a relevant notice is entitled to apply for a review of, or to
appeal against, the decision mentioned in the notice.
101 Commissioner's decision made after commencement
(1) This regulation applies if:
(a) a person had made an application to the Commissioner before
the commencement; and
(b) the Commissioner decides the application after the
commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the decision; and
(b) a person's entitlement to apply for a review of the decision.
102 Referrals to former Tribunal
(1) This regulation applies if, before the commencement:
(a) the Commissioner had referred a matter to the former
Tribunal; and
(b) the former Tribunal had not decided the matter.
(2) The former Tribunal must continue to deal with the matter in
accordance with the former legislation.
Schedule 1 Prescribed fees for applications
Building (Resolution of Residential Building Work Disputes) Regulations 2012 46
Schedule 1 Prescribed fees for applications
regulation 66(3)
Matter for which fee prescribed Fee (revenue units)
Making technical inspection application under
regulation 15 or during proceeding for consumer
guarantee dispute application
200
Making consumer guarantee dispute application
under regulation 19
100
Schedule 2 Reviewable decisions and affected persons
Building (Resolution of Residential Building Work Disputes) Regulations 2012 47
Schedule 2 Reviewable decisions and affected persons
regulation 74
Reviewable decision Affected person
Decision under regulation 13 to reject
mediation or conciliation application
The person who made the
application
Decision under regulation 17 to reject
technical inspection application
The person who made the
application
Decision under regulation 21 to reject
consumer guarantee dispute application
The person who made the
application
Decision under regulation 29(3) to dismiss
consumer guarantee dispute application
because of absence of applicant
The person who made the
application
Dispute decision under regulation 32(1) A party to a consumer
guarantee dispute application
ENDNOTES
Building (Resolution of Residential Building Work Disputes) Regulations 2012 48
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Building (Resolution of Residential Building Work Disputes) Regulations (SL No. 43,
2012)
Notified 14 December 2012
Commenced 1 January 2013 (r 2, s 2 Building Amendment (Residential
Building Consumer Protection) Act 2012 (Act No. 7, 2012)
and Gaz S85, 28 December 2012)
Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) (No. 2) Act 2014 (Act No. 35, 2014)
Assent date 13 November 2014
Commenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,
p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Building Legislation Amendment Regulations 2016 (SL No. 13, 2016)
Notified 29 April2016
Commenced 1 May 2016 (r 2, s 2 Building Amendment (Occupancy
Certification) Act 2016 (Act No. 6, 2016) and Gaz S32,
29 April 2016, p 1)
Building Legislation Amendment (Consumer Protection) Regulations 2026 (SL No. 2,
2026)
Date made 12 February 2026
Commenced 30 March 2026 (r 2)
ENDNOTES
Building (Resolution of Residential Building Work Disputes) Regulations 2012 49
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 4, 5, 57, 60, 62, 89 and 99.
4 LIST OF AMENDMENTS
r 4 amd Act No. 35, 2014, s 6
r 7 amd No. 13, 2016, r 12; No. 3, 2026, r 20
r 12 amd Act No. 35, 2014, s 7
r 13 sub Act No. 35, 2014, s 8
r 16 amd Act No. 35, 2014, s 9
r 17 sub Act No. 35, 2014, s 10
r 21 sub Act No. 35, 2014, s 11
r 32 amd Act No. 35, 2014, s 12
r 35 amd Act No. 35, 2014, s 13
r 36 rep Act No. 35, 2014, s 14
r 37 amd Act No. 35, 2014, s 15
r 74 amd Act No. 35, 2014, s 16
rr 75 – 79 rep Act No. 35, 2014, s 17
ch 3
pt 3.2 hdg rep Act No. 35, 2014, s 17
rr 80 – 84 rep Act No. 35, 2014, s 17
r 89 amd Act No. 8, 2016, s 45
r 92 amd Act No. 35, 2014, s 18
r 94 amd Act No. 35, 2014, s 19
ch 6 hdg ins Act No. 35, 2014, s 20
rr 99 – 102 ins Act No. 35, 2014, s 20
sch 2 sub Act No. 35, 2014, s 21