Central to the Act is the concept of a regulated building service, defined in section 3 as: a building service carried out by a registered building service provider or an approved owner-builder; home building work carried out by a person for another under a contract or arrangement for gain or reward (unless the person is obliged to perform it under another contract); and any other service or work prescribed. A building service itself includes building work, demolition work, plumbing work, and any prescribed service. The Act applies to a wide range of building service Acts, including this Act, the Building Act 2011, the Building Services (Registration) Act 2011, the Home Building Contracts Act 1991 and others.

A building service complaint is a complaint under s 5(1) about the quality of a regulated building service. An HBWC complaint is a complaint under s 5(2) about a home building work contract matter. A disciplinary complaint is a complaint under s 15(1) about an alleged disciplinary matter concerning a registered building service provider or approved owner-builder, or a matter the Building Commissioner decides to treat as such under s 17. A respondent is the person the subject of a complaint.

Time limits are critical. For a building service complaint relating to anything other than a Typlex pipe, the complaint is out of time if made more than six years after completion of the regulated building service (s 6(1)(b)). For complaints relating to the installation or use of a Typlex pipe, the period is 15 years (s 6(1)(a)), and this applies regardless of whether the complaint would previously have been out of time (s 6(1A)). For HBWC complaints, different time limits apply depending on the nature of the matter, including three years after the cause of action arose or three years after the contract was entered into or the breach first occurred (s 6(3)).

The Act introduces the concept of an approved policy under s 6A. The Building Commissioner may approve a policy for dealing with building service complaints and HBWC complaints where there are recurring circumstances or incidents of a similar kind. Such a policy must be published, and once in effect it is taken to be certified by the Minister as a statement of policy for the purposes of the State Administrative Tribunal Act 2004 section 28. The Building Commissioner and the Tribunal must have regard to any relevant approved policy (ss 38(1A), 43(1A), 46(1)(ba)).

The term interim order covers both interim building service orders (s 30) and interim disciplinary orders (s 31). An interim building service order may prohibit or condition the carrying out of a regulated building service if there is risk of significant loss or damage. An interim disciplinary order may suspend a provider’s registration and is made only at the request of the Building Services Board. An interim order lasts 28 days unless revoked or the matter is referred to the Tribunal.

A building remedy order under s 36 can require the person who carried out the regulated building service to remedy the work, pay the costs of remedying it, or pay compensation. An HBWC remedy order under s 41 can take various forms, including orders restraining actions, requiring work, declaring amounts payable or not payable, or in cases of unconscionable conduct, declaring contracts void or modifying them.

Part 5 introduces the concept of a dangerous situation: a situation where there is an imminent and high risk to people, property or the environment from the carrying out of a building service (s 76). An authorised person may take emergency measures and establish a restricted access site (ss 77, 78). A remediation notice may be issued (s 80) requiring a person to take measures to remedy contraventions of the Building Act 2011 sections 9 or 10 or the Building Services (Registration) Act 2011 section 7, or to deal with a dangerous situation. Failure to comply with a remediation notice is an offence with escalating penalties.

The Act directly affects any person who carries out a regulated building service in Western Australia. This includes registered building service providers (individuals or body corporates registered under the Building Services (Registration) Act 2011) and approved owner-builders (s 3). It also affects former registered building service providers and former approved owner-builders in respect of disciplinary matters occurring while they were registered or approved (s 14(1)). The Act binds the Crown (s 4), so government agencies that carry out building services may be subject to complaints and orders.

Complainants can be any person making a building service complaint (s 5(1)), subject to any regulatory limitations. For HBWC complaints, only an owner or builder under a home building work contract may complain (s 5(2)). For disciplinary complaints, regulations may prescribe who can complain (s 15(3)). The Act thus affects owners of residential or commercial premises who engage building contractors, as well as builders themselves who may complain about contract matters.

The Building Commissioner is the central administrative officer (s 85) with functions including monitoring building services, administering the Building Services Board, collecting the building services levy, auditing registered providers, and dealing with complaints (s 86). The Commissioner has broad powers to appoint authorised persons (s 60), issue codes (s 96), publish warnings (s 88), and delegate powers to persons or committees (s 91). Authorised persons (public service officers or others designated) exercise inspection, investigation and enforcement powers under Part 4. They must carry identity cards (s 61) and generally produce them before exercising powers (s 62).

The Act also affects permit authorities (local governments and other bodies that issue building permits and building approval certificates) because they may be required to collect the building services levy (s 94(2)(e)) and may receive complaints forwarded by the Building Commissioner (s 9(2), s 10(2)). Vocational regulatory bodies, such as the Architects Board and Plumbers Licensing Board, may receive information about relevant matters (s 9(2)(b), s 10(2)(c), s 20(2)).

The State Administrative Tribunal is a key adjudicative body. It receives building service complaints and HBWC complaints referred by the Building Commissioner (ss 11(1)(d), 38, 43) and has jurisdiction to review the Building Commissioner’s interim orders, remedy orders, and decisions to refuse complaints (s 57). The Tribunal may also be asked to make allegations about disciplinary complaints (s 31(4)(b)). The Building Services Board (established under the Building Services (Registration) Act 2011) receives disciplinary complaints forwarded by the Commissioner (s 21(1)(b)) and can request the Commissioner to make interim disciplinary orders (s 31(1)).

Finally, the Act affects any person who is directed to provide information or records to an authorised person (ss 47, 67, 68) or who is given a remediation notice (s 80). Officers of body corporate face potential criminal liability for offences under ss 53, 71 and 80 (s 105). The enforcement provisions (s 50, s 52, s 53) allow orders to be enforced against parties, including by filing in court or through criminal penalties.

The Act imposes a series of duties on the Building Commissioner. Upon receiving a complaint under s 5, the Commissioner must decide whether to accept it and to what extent (s 7(1)). The Commissioner may make inquiries (s 7(2)) and must refuse to accept a complaint that is out of time (s 6). If accepted, the Commissioner must cause an investigation by an authorised person (s 9(1)) and consider the resulting report (s 11(1)). The Commissioner may then dismiss the complaint, commence conciliation, make a remedy order, or refer the matter to the State Administrative Tribunal (s 11(1)). The Commissioner must dismiss a complaint if it is out of time (s 11(3)). For certain complaints under the Home Building Contracts Act 1991 sections 15 or 15A, the Commissioner must refer them to the Tribunal unless out of time (s 11(4)). Regulations may also prescribe circumstances requiring referral (s 11(5)).

The Act also imposes duties on persons being investigated or directed. A person who receives a notice to attend conciliation must appear without reasonable excuse (s 25(2)) - penalty $5,000. A person directed to provide information or records under s 47 must comply; failure attracts a $10,000 fine (s 47(2)). Under Part 4, a person directed by an authorised person to answer questions or produce records must comply; failure carries a $25,000 penalty (s 71(2)). However, the Act preserves the privilege against self-incrimination: an individual is not excused from complying, but the answer or document produced is not admissible in criminal proceedings except for perjury or offences under the Act (s 98). Legal professional privilege is preserved: a person may refuse to answer a question or produce a document if that would disclose privileged information (s 99).

Complainants have the right to withdraw complaints. A building service complaint or HBWC complaint may be withdrawn at any time before referral to the Tribunal (s 13(1)). A disciplinary complaint may be withdrawn at any time before the Building Services Board gives leave (s 22(2)). Withdrawal is possible in part (s 13(3), s 22(3)). Parties have the right to participate in conciliation proceedings (s 24), though representation by a legal practitioner is not permitted unless the Commissioner determines otherwise (s 26(1)). Evidence of what is said or done in conciliation is generally inadmissible (s 28(1)), except with consent, in disputes about whether an agreement was reached, or in enforcement proceedings (s 28(2)).

Parties who are aggrieved by certain decisions have review rights. A person aggrieved by an interim order, a variation of an interim order, a building remedy order or HBWC remedy order made by the Building Commissioner, or a costs order, may apply to the State Administrative Tribunal for review (s 57(1)). With leave, a person may also review a decision to refuse to accept a complaint (s 57(2)). A person given a remediation notice may request review by the Building Commissioner (s 83(2)) and then apply to the Tribunal (s 84). The Act also provides for internal review by the Tribunal of its own orders made under ss 38 or 43, but only with leave and within 30 days (s 58).

The Act protects persons acting in good faith. No action in tort lies against a person for anything done in good faith in performing functions under the Act (s 100(1)). The protection extends to compliance or purported compliance with the Act (s 102(1)). The confidentiality provision (s 103) prohibits persons engaged in performing functions from disclosing information except for permitted purposes, with a penalty of $25,000. However, the Act also allows the Building Commissioner to exchange information with the Building Services Board and the Commissioner for Consumer Affairs (s 101).

The Act creates a range of offences with escalating penalties. For failing to attend conciliation without reasonable excuse, the penalty is $5,000 (s 25(2)). Failing to comply with a direction to provide information or documents under s 47 attracts a $10,000 fine (s 47(2)). Obstruction of an authorised person (s 70) and failure to comply with a direction under Part 4 (s 71) each carry a $25,000 penalty. The same penalty applies to unauthorised disclosure of confidential information (s 103) and providing false or misleading information (s 104). A member of a committee who fails to disclose a material personal interest faces a fine of $25,000 (s 90(1)). Failure to return an identity card after ceasing to be an authorised person carries a $5,000 fine (s 61(3)).

The most serious penalties attach to non-compliance with orders and remediation notices. Under s 53(1), a person must not without reasonable excuse fail to comply with an order of the Building Commissioner or a building remedy order or HBWC remedy order of the State Administrative Tribunal. The penalty escalates: for a first offence, $50,000; for a second, $75,000; for a third or subsequent, $100,000 and imprisonment for 12 months. This applies despite the State Administrative Tribunal Act 2004 s 95 (s 53(3)). Section 53(1) does not apply to monetary orders that are enforceable under s 50 (s 53(2)). Similarly, failure to comply with a remediation notice (s 80(7)) carries the same escalating penalty structure. Unauthorised entry into a restricted access site or disturbance of anything at the site also carries the same escalating penalties (s 78(8) and (9)).

The Act provides several enforcement mechanisms apart from criminal prosecution. A monetary order made by the Building Commissioner can be enforced by filing a certified copy of the order and an affidavit in a court of competent jurisdiction; the order then becomes an order of that court (s 50). Orders of the State Administrative Tribunal are enforceable under the State Administrative Tribunal Act 2004 s 85 (s 50(1)(b)). If an order to do work is not complied with, the responsible adjudicator (the Building Commissioner or the Tribunal) may revoke the order and make a substitute monetary order (s 51). Non-monetary orders from the Building Commissioner (other than work orders) may be enforced by filing in the Supreme Court with a certificate from the Commissioner (s 52).

Costs and expenses may also be recovered. The Building Commissioner may order a party to pay the costs of investigating a complaint if costs were unnecessarily incurred due to that party’s conduct (s 49(3)). Those costs are recoverable as a debt due to the State (s 49(6)). In dangerous situations, the Commissioner may recover the reasonable costs of emergency measures from the owner of the place, the person in control of the building service, or the person who caused the situation (s 79(1)-(2)). Similar recovery applies for measures taken after non-compliance with a remediation notice (s 82(4)).

Prosecutions for offences against the Act can only be commenced by the Building Commissioner or a person authorised by the Commissioner, but this does not limit the Director of Public Prosecutions (s 106(1)-(2)). The limitation period for prosecutions is three years after the date the offence was allegedly committed (s 106(3)). All prosecutions are heard by a court of summary jurisdiction constituted by a magistrate (s 106(4)). For body corporate offences, s 105 applies the Criminal Code s 39 to offences under ss 53(1), 71(2) and 80(7), making officers of the body corporate also liable in certain circumstances.

The Act is one of several building service Acts as defined in s 3, which include the Building Act 2011, the Building Services (Registration) Act 2011, the Home Building Contracts Act 1991, the Plumbers Licensing Act 1995 Part 5A, the Construction Contracts (Former Provisions) Act 2004, the Building and Construction Industry (Security of Payment) Act 2021, and the Local Government (Miscellaneous Provisions) Act 1960 Parts VIII, IX and XV, among others. The Act is designed to work alongside these laws, and the Building Commissioner’s functions under s 86 include monitoring and reviewing their operation.

The most significant interaction is with the Building Services (Registration) Act 2011. That Act establishes the Building Services Board, provides for registration of building service providers and approval of owner-builders, and defines disciplinary matters (s 53) and disciplinary matters in relation to approved owner-builders (s 50). Under this Act, the Building Commissioner investigates disciplinary complaints and forwards them to the Board (s 21). The Board may request the Commissioner to make an interim disciplinary order (s 31(1)). The Board may refer a complaint for conciliation (s 23(2)(b)). Importantly, the making of a building remedy order or HBWC remedy order does not prevent the Board or the Tribunal from dealing with the same issue as a disciplinary matter (ss 40, 45).

The Home Building Contracts Act 1991 is directly referenced as the source of HBWC complaints. The Act’s s 5(2) allows complaints about matters referred to in sections 17 and 20 and Schedule 1 clause 5 of that Act. Time limits for HBWC complaints are tied to that Act’s provisions (s 6(3)). The remedy orders under s 41 mirror the types of relief available under the Home Building Contracts Act.

The Act interacts with the State Administrative Tribunal Act 2004 extensively. Complaints may be referred to the Tribunal for determination (ss 11(1)(d), 38, 43). The Tribunal has jurisdiction to review certain decisions of the Building Commissioner (s 57). Internal review of Tribunal decisions is available under s 58, but only with leave. The Building Commissioner is not ordinarily a party when a complaint is referred (s 12). The Tribunal must have regard to approved policies (ss 38(1A), 43(1A)). Section 55 allows transfer of proceedings between the Tribunal and a court with consent.

Section 54 is a key provision that prevents concurrent proceedings. Once a building service complaint or HBWC complaint is made (and certain exceptions apply), the matter is not justiciable by a court that would otherwise have jurisdiction. Exceptions include if the matter was already before the court, the complaint is not accepted, dismissed without merits, withdrawn, transferred back to court, or the determination is quashed. This avoids duplication but preserves the ability of the court to hear matters in certain circumstances.

Other interactions include provisions for exchange of information with the Building Services Board and the Commissioner for Consumer Affairs (s 101). The Act preserves legal professional privilege (s 99). The provisions on dangerous situations (Part 5) operate in addition to other written laws; an authorised person must not exercise a power if a like power is being exercised under another written law (ss 77(4), 80(5)). The Act also contains transitional provisions that transfer jurisdiction from the former Building Disputes Tribunal to the Building Commissioner (s 133) and continue proceedings under the repealed Builders’ Registration Act 1939 (s 134). Amendments to the Construction Contracts Act 2004 were affected by transitional provisions (s 137). The 2024 amendment Act (No. 39 of 2024) introduced transitional provisions for the extended Typlex pipe time limit and for approved policies (s 137A).

The Act was originally enacted as the Building Services (Complaint Resolution and Administration) Act 2011 (No. 16 of 2011). Sections 1 and 2 came into operation on Royal Assent (25 May 2011); the remainder came into operation on 29 August 2011 (see Gazette 26 August 2011 p. 3475).

The first amendment was made by the Water Services Legislation Amendment and Repeal Act 2012 (No. 25 of 2012) section 205. This commenced on 18 November 2013 and made minor changes to sections 3 and 92.

The Building and Construction Industry (Security of Payment) Act 2021 (No. 4 of 2021) Part 7 Division 1 amended the Act. Most of the Division came into operation on 1 August 2022, but sections 123 and 124 (which amended ss 70 and 71) came into operation on 1 February 2023. This amendment inserted references to the Building and Construction Industry (Security of Payment) Act 2021 into the definition of building service Act (s 3) and made minor penalty adjustments.

The Directors’ Liability Reform Act 2023 (No. 9 of 2023) Part 3 Division 12 commenced on 5 April 2023 and inserted s 105, which applies the Criminal Code s 39 to certain offences (ss 53(1), 71(2) and 80(7)), thereby making officers of bodies corporate criminally liable for those offences.

The most significant amendments were made by the Building Services (Complaint Resolution and Administration) Amendment Act 2024 (No. 39 of 2024), which received Royal Assent on 29 October 2024 and commenced on 30 October 2024 (other than sections 1 and 2). This Amendment Act introduced the following changes:

• Inserted s 6A, allowing the Building Commissioner to approve policies for dealing with building service complaints and HBWC complaints where there are recurring circumstances or incidents of a similar kind. The policy is taken to be a certified statement of policy under the State Administrative Tribunal Act 2004 s 28.
• Amended s 6 to extend the time limit for complaints relating to the installation or use of a Typlex pipe from six years to 15 years after completion. This applies regardless of whether the complaint would previously have been out of time (new s 6(1A)).
• Amended s 38(1A) to require the State Administrative Tribunal, when dealing with a building service complaint, to have regard to any relevant approved policy in effect at the time.
• Amended s 43(1A) to impose the same requirement for HBWC complaints.
• Amended s 46(1)(ba) to require the Building Commissioner, when dealing with complaints or making orders, to have regard to any relevant approved policy.
• Inserted transitional provisions in s 137A regarding the Typlex pipe extension and the application of approved policies to complaints made but not finally determined before commencement.

The Act currently has two uncommenced amendments: the Architects Amendment Act 2025 (No. 2 of 2025) section 30 (assented 10 June 2025, to be proclaimed) and the Evidence Act 2025 (No. 15 of 2025) section 492(1) (assented 25 September 2025, to be proclaimed). The effect of these future amendments is not yet known.

The source text does not record any specific court or tribunal decisions. However, the Act establishes a detailed review framework that has likely generated litigation. The State Administrative Tribunal has jurisdiction to review several types of decisions: decisions to make interim orders, decisions to vary or refuse to vary interim orders, building remedy orders and HBWC remedy orders made by the Building Commissioner, costs orders, and decisions to refuse to accept a complaint (with leave) (s 57). A person aggrieved by a remediation notice or a decision of the Building Commissioner on review of a remediation notice may apply to the Tribunal (s 84). The Tribunal also has original jurisdiction when complaints are referred by the Building Commissioner (ss 38, 43).

Internal review of Tribunal decisions is available under s 58. A party may apply for review of an order made by the Tribunal under s 38 or s 43 when the Tribunal was constituted without a judicial member. Leave is required and the application must be made within 30 days (s 58(5)). The reviewing panel must include a judicial member or a senior member who is a legally qualified member. This internal review mechanism is specific to decisions about building remedy orders and HBWC remedy orders and is a notable feature of the Act.

The Act also preserves the possibility of judicial review in the ordinary courts. Section 54(2)(f) contemplates that a complaint may be subject to judicial review, and if a determination is quashed or declared invalid for lack of jurisdiction, the matter may then be litigated in court.

Enforcement proceedings under ss 50 and 52 involve filing orders in courts of competent jurisdiction. These filings may lead to litigation if the person subject to the order disputes its validity or the amount owed. Similarly, recovery of costs for dangerous situations (s 79) and after non-compliance with remediation notices (s 82) are recoverable as debts in courts of competent jurisdiction.

Prosecutions for offences under the Act are heard by a court of summary jurisdiction constituted by a magistrate (s 106(4)). The limitation period for commencing a prosecution is three years from the date of the alleged offence (s 106(3)). Offences include failure to comply with orders (s 53) and remediation notices (s 80), obstruction (s 70), failure to provide information (s 47, 71), and providing false or misleading information (s 104). The escalating penalty structure for non-compliance with orders and remediation notices is likely to be a factor in sentencing.

The Act does not cite any specific cases, and no case names are mentioned in the source text. However, practitioners should be aware that the Western Australian State Administrative Tribunal and the Supreme Court have likely considered the operation of the Act in various contexts, and research into those decisions would be necessary for any specific matter.

Several provisions in the Act may catch practitioners and parties off guard.

Time limits are strict and mandatory. A building service complaint is out of time if made more than six years after completion of the regulated building service (s 6(1)(b)), except for Typlex pipe complaints where the limit is 15 years (s 6(1)(a)). Importantly, if a complaint is made out of time, the Building Commissioner must dismiss it (s 11(3)). There is no discretion to waive the time limit. However, the definition of completion is not always clear: if criteria are prescribed, they apply; otherwise completion is the date the building service was last carried out (s 6(2)). For HBWC complaints, time limits vary: for matters under the Home Building Contracts Act s 17 (other than breaches of s 15 or matters under s 8(3)), the limit is three years after the cause of action arose (s 6(3)(b)). For breaches of s 15, it is three years after the contract was entered into or the breach first occurred, whichever is later (s 6(3)(c)). Practitioners must identify the correct trigger date.

Interim orders can be made without notice or hearing. Under s 32(2), an interim building service order or interim disciplinary order takes effect from the time it is given to the person bound, regardless of whether that person has had an opportunity to make representations. This is a powerful tool for the Commissioner but can catch a respondent off guard. The order lasts 28 days unless revoked or the matter is referred to the Tribunal (ss 30(4), 31(5)). If referred, the order continues until final determination (ss 30(5), 31(6)).

Approved policies are binding on the Tribunal and Commissioner. Section 6A allows the Building Commissioner to approve policies that are taken to be a statement of policy certified by the Minister under the State Administrative Tribunal Act 2004 s 28. Sections 38(1A), 43(1A) and 46(1)(ba) require the Tribunal and the Commissioner to have regard to any relevant approved policy in effect at the time. These policies apply regardless of whether the complaint was made before or after the policy came into effect (ss 6A(5), 6A(6)). This means that parties cannot argue that a policy is inapplicable because it was introduced after the building work was done.

Representation at conciliation is restricted. Under s 26(1), a party is not to be represented by another person during a conciliation proceeding unless the Building Commissioner determines that the proceeding will not work effectively without that representation. This includes legal practitioners. The restriction does not prevent representation of a non-natural person by an officer, employee or agent who is not a legal practitioner (s 26(2)(a)). Parties who wish to have legal advice during conciliation should seek the Commissioner’s determination in advance.

Concurrent court proceedings are blocked. Section 54(1) provides that once a building service complaint or HBWC complaint is made, the matter is not justiciable by a court unless one of the exceptions in s 54(2) applies. This means a party cannot issue court proceedings about the same subject matter while the complaint is active. This includes matters that emerge during the complaint process (s 54(1)). If a matter is already before a court, the court may order its transfer to the Building Commissioner (s 55(2)). Conversely, if a matter is before the Tribunal and a court has jurisdiction, the Tribunal may transfer it to the court (s 55(3)). Careful coordination is needed.

Costs are not routinely awarded for representation. The Building Commissioner may award costs under s 49(1), but s 49(2) restricts awarding costs for the services of a representative unless it is fair to do so, having regard to factors such as unreasonable disadvantage, prolonging the proceedings, relative strengths of claims, and any other relevant matter. This is a significant limitation; parties who incur legal fees may not recover them even if they succeed.

Failure to comply with an order is a criminal offence with escalating penalties. Section 53 creates an offence for failing to comply with an order. For a first offence, the fine is $50,000; for a second, $75,000; for a third or subsequent, $100,000 and imprisonment for 12 months. There is no requirement for the prosecution to prove intent; the offence is one of strict liability subject to the defence of reasonable excuse. Importantly, s 53(1) does not apply to monetary orders that are enforceable under s 50, but it does apply to work orders and other non-monetary orders. Practitioners must take care to distinguish which orders carry criminal consequences.

Not all complaint decisions are immediately reviewable. A decision to refuse to accept a complaint can only be reviewed by the State Administrative Tribunal with leave (s 57(2)). This means a complainant cannot automatically appeal a refusal; they must first persuade the Tribunal to grant leave. Similarly, internal review of Tribunal orders under s 38 or s 43 requires leave under s 58(5)(a) and must be sought within 30 days (s 58(5)(b)).

For registered building service providers and approved owner-builders, compliance begins with ensuring that all regulated building services are carried out in a proper and proficient manner and are not faulty or unsatisfactory (the standard against which complaints are measured under s 5(1)). Providers should maintain accurate records of all work performed, including dates of completion, to enable them to respond to any time limit issues under s 6.

When a complaint is made and accepted, the respondent must cooperate with the investigation. The Building Commissioner may require the respondent to provide information or documents under s 47. Failure to comply without reasonable excuse is an offence (s 47(2)). An authorised person may enter premises under Part 4 for compliance purposes or investigation, and the respondent must not obstruct or hinder that person (s 70). If directed to answer questions or produce records under s 67 or s 68, the respondent must comply; failure is punishable by a $25,000 fine (s 71(2)). However, legal professional privilege (s 99) and the privilege against self-incrimination (s 98) provide limited protection.

If conciliation is commenced (s 23), the respondent must attend if directed (s 25). Representation by a legal practitioner is not permitted without the Commissioner’s determination (s 26(1)), so the respondent should either attend personally or arrange for an officer or employee who is not a practitioner. The respondent should participate in good faith; the Act does not impose a duty to settle, but failure to cooperate may lead the Commissioner to take further action under s 11 or s 29.

If the matter proceeds to a remedy order, the respondent must comply. For a building remedy order requiring work to be done (s 36(1)(a)), the respondent must complete the work within the time specified (s 36(2)). If the respondent is not a building service contractor, they may arrange for the work to be carried out by another person despite the Building Services (Registration) Act 2011 s 7 (s 36(3)). If the order requires payment (s 36(1)(b) or (c)), the amount must be paid within the time specified. Failure to comply may result in the order being enforced as a court order (s 50) or a criminal prosecution under s 53. The risk of escalating fines and imprisonment should be taken seriously.

For interim orders, they take effect immediately even without prior representations (s 32(2)). A person subject to an interim building service order must cease the prohibited activity or comply with conditions. The person may seek revocation or variation by the Building Commissioner (s 33(1)), or if the matter has been referred to the Tribunal, by the Tribunal (s 34(1)). An interim disciplinary order suspending registration must be complied with immediately.

If a remediation notice is issued (s 80), the recipient must take the specified measures by the date specified (at least 7 days, unless the Commissioner approves shorter notice under s 81). Before acting, the recipient may request review by the Building Commissioner (s 83) or apply to the Tribunal (s 84). The review process does not automatically suspend the notice unless the Commissioner so orders (s 83(4)). If the recipient does not comply, an authorised person may take the measures and recover the costs (s 82).

Owners and builders who wish to make complaints should do so within the applicable time limits (s 6). They must provide information as required (s 8) and may be required to verify details by statutory declaration. They should be aware that the complaint may be refused if it is vexatious, frivolous or without substance (s 7(3)(d)), or if the matter has already been dealt with (s 7(3)(e)-(g)). If the complaint is accepted, the complainant must cooperate with the investigation and conciliation. If the matter is referred to the Tribunal, the complainant becomes the applicant (s 12).

All persons should avoid providing false or misleading information (s 104), which carries a $25,000 fine. Confidential information obtained under the Act must not be disclosed except for permitted purposes (s 103). Officers of body corporate should be aware that they may be personally liable for offences under ss 53, 71 and 80 (s 105).

Finally, parties should monitor any approved policies published under s 6A. These policies may affect the way the Commissioner and the Tribunal handle complaints, including the types of remedies that may be ordered. The policies are binding in the sense that they must be regarded, so practitioners should review them when advising clients.