Version incorporating amendments as at
2 December 2024
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 3
4 Application of Act to the Crown and public authorities 5
Part 2—Cladding Safety Victoria 6
Division 1—Establishment, functions and powers 6
5 Establishment of Cladding Safety Victoria 6
6 Object of Cladding Safety Victoria 6
7 Functions of Cladding Safety Victoria 7
8 Delegation by Cladding Safety Victoria 8
9 Cladding Safety Victoria represents the Crown 9
Division 2—CSV board 9
10 CSV board 9
11 Appointment of CSV board members 9
12 When chairperson or deputy chairperson ceases to hold office 11
13 When CSV board member ceases to be a member 11
14 Minister may remove CSV board members 11
15 Resignation of CSV board member 12
16 When deputy chairperson is required to act as chairperson 12
17 Minister may appoint CSV board member to act as deputy chairperson 13
18 Minister may appoint person to act as CSV board member 13
19 Validity of acts and decisions of the CSV board 14
20 Proceedings of the CSV board 14
21 Pecuniary interests and conflicts of interest of CSV board members 15
22 Personal liability 17
Division 3—Chief executive officer and staff 17
23 Chief executive officer 17
24 Staff 18
Division 4—Ministerial direction 18
25 Direction and control of the Minister 18
Division 5—Complaints 19
26 Complaints to Cladding Safety Victoria 19
Part 3—Financial assistance for cladding rectification work 20
27 Notification of buildings requiring cladding rectification work 20
28 Prioritisation of buildings for potential financial assistance 20
29 Applications to register owners and owners corporations of buildings for potential financial assistance 21
30 Grants of financial assistance 22
31 Notice of completion of cladding rectification work 23
Part 4—Reporting and financial provisions 24
Division 1—Reporting obligations 24
32 Strategic plan 24
33 Annual work program 24
34 Compliance with strategic plan and annual work program 25
35 Information to be included in report of operations 26
36 Record keeping 26
37 Information sharing 27
38 Improper use of information 28
39 Prohibition on disclosure of certain information 28
Division 2—Financial powers 29
40 Cladding Safety Victoria may invest funds 29
41 Cladding Safety Victoria may engage agent in carrying out functions 29
42 Cladding Safety Victoria funding 29
Part 5—General 31
43 Regulations 31
45 Review of this Act 33
Part 6—Transitional provisions 34
46 Definitions 34
47 Transfer of staff from the Authority to Cladding Safety Victoria 34
48 Chief executive officer 36
49 Transfer of property, rights and liabilities of the Authority to Cladding Safety Victoria 36
50 Substitution of parties to agreements 38
51 Existing matters before the Authority 38
52 Validity of things done under this Part 38
Part 7—Amendment of Building Act 1993 40
53 Limitation on time when building action may be brought 40
54 Subrogation 41
55 Functions of the Authority 41
56 Payments into the Cladding Safety Victoria account 42
57 Payments out of the Cladding Safety Victoria account 42
57A Building permit levy must be paid 42
57B Building permit application must contain information about cost of building work 42
57C Relevant building surveyor must refuse a permit in certain circumstances 43
57D Calculation and notification of levy 43
57E Authority may reassess levy after building permit issued 44
57F Authority to give notice of refund 45
58 Information sharing 45
58A New section 277A inserted 45
Part 8—Amendment of Public Administration Act 2004 47
59 Persons with functions of public service body Head 47
═════════════
Endnotes 48
1 General information 48
2 Table of Amendments 50
3 Explanatory details 51
Version No.004
Cladding Safety Victoria Act 2020
No. 31 of 2020
Version incorporating amendments as at
2 December 2024
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to establish a body corporate called Cladding Safety Victoria for the purposes of administering a cladding rectification program, including the facilitation of cladding rectification work for government buildings; and
(b) to enable Cladding Safety Victoria to prioritise buildings for potential financial assistance for cladding rectification work and register owners and owners corporations of those buildings; and
(c) to enable Cladding Safety Victoria to determine the amounts of financial assistance for cladding rectification work and make payment for those amounts under funding agreements; and
(d) to allow Cladding Safety Victoria to provide guidance to owners and owners corporations of buildings and other persons and bodies in relation to cladding rectification work in order to mitigate risk; and
(e) to create sufficient regulation-making powers in relation to the exercise of Cladding Safety Victoria's functions, including the prioritisation of buildings and registration of owners and owners corporations, payments to owners and owners corporations and the entering into of funding agreements; and
(f) to amend the Building Act 1993—
(i) to transfer functions in relation to cladding rectification work from the Victorian Building Authority to Cladding Safety Victoria; and
(ii) to require the Victorian Building Authority to pay to Cladding Safety Victoria monies collected relating to the building permit levy payable under section 205G(2A) of that Act; and
(iii) to amend the limitation period for specified building actions relating to non-compliant or non-conforming external wall cladding products; and
(iv) to provide for the subrogation of the Crown to the rights and remedies of owners and owners corporations of buildings to whom financial assistance is given; and
(g) to amend the Public Administration Act 2004 to confer the functions of a public service body Head on the chairperson of Cladding Safety Victoria.
2 Commencement
(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into operation before 1 July 2021, it comes into operation on that day.
3 Definitions
In this Act—
Authority means the Victorian Building Authority established under section 193 of the Building Act 1993;
building practitioner has the same meaning as in the Building Act 1993;
building work has the same meaning as in the Building Act 1993;
chairperson means the member appointed as chairperson of the CSV board under section 11;
chief executive officer means the person appointed as chief executive officer of Cladding Safety Victoria under section 23;
cladding rectification work has the same meaning as in the Building Act 1993;
council means a council within the meaning of the Local Government Act 2020;
CSV board means the Cladding Safety Victoria board established under section 10;
deputy chairperson means the member appointed as deputy chairperson of the CSV board under section 11;
government building means a building owned by the Crown in the right of the State of Victoria or a public authority;
municipal building surveyor means—
(a) a municipal building surveyor within the meaning of the Building Act 1993; or
(b) the Authority, where—
(i) the Authority has been declared to have any of the functions of a municipal building surveyor under section 190 of the Building Act 1993 in relation to a relevant building; or
(ii) a council has entered into an agreement under section 214 of the Building Act 1993 with the Authority in respect of the carrying out by the Authority of any of the functions of the municipal building surveyor of the council in relation to a relevant building;
non-compliant or non-conforming external wall cladding product has the same meaning as in the Building Act 1993;
owner has the same meaning as in the Building Act 1993;
owners corporation has the same meaning as in the Owners Corporation Act 2006;
public authority means a body established for a public purpose by or under an Act but does not include a council.
4 Application of Act to the Crown and public authorities
This Act—
(a) binds the Crown in right of the State of Victoria and, so far as the legislative power of Parliament permits, the Crown in all its other capacities; and
(b) applies to public authorities and to councils.
Part 2—Cladding Safety Victoria
Division 1—Establishment, functions and powers
5 Establishment of Cladding Safety Victoria
(1) Cladding Safety Victoria is established.
(2) Cladding Safety Victoria—
(a) is a body corporate with perpetual succession; and
(b) has an official seal; and
(c) may sue or be sued; and
(d) is capable of acquiring, holding and disposing of real and personal property; and
(e) is capable of doing or suffering anything which by law a body corporate may do or suffer.
(3) The official seal must be kept as directed by Cladding Safety Victoria and must not be used except as authorised by Cladding Safety Victoria.
(4) All courts must take judicial notice of the official seal on a document and, until the contrary is proved, must presume that the document was properly sealed.
6 Object of Cladding Safety Victoria
The object of Cladding Safety Victoria is to support Victorians to rectify non-compliant or non-conforming external wall cladding products on buildings to improve the safety of those buildings.
7 Functions of Cladding Safety Victoria
(1) Cladding Safety Victoria has the following functions—
(a) to administer a cladding rectification program, including—
(i) prioritising buildings for potential financial assistance for cladding rectification work and registering owners and owners corporations of those buildings; and
(ii) deciding whether to grant or refuse to grant financial assistance to owners and owners corporations of buildings; and
(iii) determining the amounts of financial assistance for cladding rectification work and making payment for those amounts under funding agreements; and
(iv) monitoring cladding rectification work where financial assistance has been given; and
(v) supporting owners and owners corporations of buildings by procuring building practitioners to undertake cladding rectification work; and
(vi) supporting owners and owners corporations of buildings by engaging technical design and project management services for cladding rectification work and providing other services directed by the Minister relating to cladding rectification work before and after funding agreements are entered into; and
(vii) facilitating cladding rectification work for government buildings;
(b) to provide information, advice and support to owners and owners corporations of buildings and other persons and bodies in relation to cladding rectification work;
(c) to notify the appropriate regulators, municipal building surveyors, persons and bodies about matters relating to compliance and enforcement under this Act, the Building Act 1993 or any other Act;
(d) to advise the Minister on the performance of its functions under this Act or any other Act, including a right of subrogation conferred on the Crown under section 137F of the Building Act 1993, and on any other matters referred to it by the Minister;
(e) to perform any other function conferred on Cladding Safety Victoria by or under this or any other Act, including under any agreement to which the State is a party.
(2) In performing its functions, Cladding Safety Victoria must—
(a) engage with owners and owners corporations of buildings and other affected persons and bodies; and
(b) efficiently deal with any complaints relating to the performance of its functions.
(3) Cladding Safety Victoria may cease to perform any of its functions with the approval of, or at the direction of, the Minister.
(4) Cladding Safety Victoria has all powers necessary to achieve its object and perform its functions.
8 Delegation by Cladding Safety Victoria
(1) Subject to subsection (2), Cladding Safety Victoria may by instrument delegate to any person any of its functions, duties or powers except—
(a) this power to delegate; and
(b) the power to appoint the chief executive officer.
(2) A person to whom a function, duty or power has been delegated under subsection (1) may sub-delegate the function, duty or power to another person if the instrument of delegation authorises its sub-delegation.
9 Cladding Safety Victoria represents the Crown
In performing its functions and duties and exercising its powers, Cladding Safety Victoria represents the Crown.
Division 2—CSV board
10 CSV board
(1) Cladding Safety Victoria has a governing body known as the Cladding Safety Victoria board.
(2) The CSV board consists of not less than 3 but no more than 7 members appointed by the Minister under section 11.
11 Appointment of CSV board members
(1) The Minister must appoint each member of the CSV board, including—
(a) a member who is to be the chairperson; and
(b) a member who is to be the deputy chairperson.
(2) In appointing members of the CSV board under this section and acting members under section 18, the Minister must ensure that—
(a) at least one member has qualifications or experience in building or construction; and
(b) each member has skills, knowledge or experience in relation to at least one of the following—
(i) regulation of the building industry;
(ii) public engagement and communications;
(iii) risk management;
(iv) public administration or governance;
(v) financial or program management;
(vi) strategic planning;
(vii) legal practice; and
(c) collectively, the members have skills, knowledge or experience in relation to the matters listed in paragraph (b)(i) to (vii).
(3) A member of the CSV board holds office—
(a) for the period, not exceeding 3 years, specified in the instrument of appointment; and
(b) on the terms and conditions, including remuneration, allowances and payment of expenses, specified in the instrument of appointment.
(4) If a person ceases to be a member of the CSV board under section 13 before the end of the member's period of appointment, the Minister may appoint a new member to hold office for the remainder of the member's period of appointment.
(5) A member of the CSV board may be re-appointed once.
12 When chairperson or deputy chairperson ceases to hold office
A person appointed to be the chairperson or the deputy chairperson of the CSV board ceases to hold that office upon ceasing to be a member of the CSV board under section 13.
13 When CSV board member ceases to be a member
A person ceases to be a member of the CSV board if the person—
(a) becomes an insolvent under administration; or
(b) is convicted or found guilty of—
(i) an indictable offence; or
(ii) an offence that, if committed in Victoria, would be an indictable offence; or
(c) is removed from office under section 14; or
(d) retires or resigns under section 15; or
(e) dies.
14 Minister may remove CSV board members
The Minister may remove a member of the CSV board from office at any time if the member—
(a) becomes incapable of performing the duties of a member; or
(b) is negligent in performing those duties; or
(c) engages in improper conduct; or
(d) contravenes section 21(1); or
(e) is convicted or found guilty of an offence under this Act or any offence involving dishonesty, fraud, drug trafficking or violence; or
(f) is no longer suitable to hold office as a member for any other reason.
15 Resignation of CSV board member
A member of the CSV board may resign by delivering a signed letter of resignation to the Minister.
16 When deputy chairperson is required to act as chairperson
(1) The deputy chairperson must act as chairperson—
(a) during any period when the office of the chairperson is vacant; or
(b) during any period when the chairperson is absent; or
(c) if the chairperson is unable, for any other reason—
(i) to attend meetings of the CSV board; or
(ii) to perform the duties of the chairperson.
(2) If the deputy chairperson is acting as chairperson under subsection (1), the deputy chairperson—
(a) may exercise all the powers of the chairperson; and
(b) must perform all the functions and duties of the chairperson; and
(c) is entitled to receive the remuneration, allowances and payment of expenses to which the chairperson would have been entitled.
17 Minister may appoint CSV board member to act as deputy chairperson
(1) The Minister may appoint a member of the CSV board to act as deputy chairperson—
(a) during any period when the office of the deputy chairperson is vacant; or
(b) during any period when the deputy chairperson is absent; or
(c) during any period when the deputy chairperson is acting as chairperson under section 16; or
(d) if the deputy chairperson is unable, for any other reason—
(i) to attend meetings of the CSV board; or
(ii) to perform the duties of the deputy chairperson.
(2) If a member of the CSV board is acting as deputy chairperson under subsection (1), the member—
(a) may exercise all the powers of the deputy chairperson; and
(b) must perform all the functions and duties of the deputy chairperson; and
(c) is entitled to receive the remuneration, allowances and payment of expenses to which the deputy chairperson would have been entitled.
18 Minister may appoint person to act as CSV board member
(1) The Minister may appoint a person to act as a member of the CSV board, for a period not exceeding 6 months—
(a) during any period when there are fewer than the maximum number of members permitted under section 10; or
(b) during any period when a member is absent; or
(c) during any period when a member is acting as deputy chairperson; or
(d) if a member is unable, for any other reason—
(i) to attend meetings of the CSV board; or
(ii) to perform the duties of a member.
(2) If a person is acting as a member of the CSV board under subsection (1), the person—
(a) may exercise all the powers of a member of the CSV board; and
(b) must perform all the functions and duties of a member of the CSV board; and
(c) is entitled to receive the remuneration, allowances and payment of expenses to which a member would have been entitled.
19 Validity of acts and decisions of the CSV board
An act or a decision of the CSV board is not invalid merely because—
(a) there are fewer than the maximum number of members permitted under section 10; or
(b) there is a defect or irregularity in the appointment of a member; or
(c) a member contravenes section 21(1).
20 Proceedings of the CSV board
(1) Meetings of the CSV board must be held at the times and places determined by the CSV board.
(2) A majority of the members of the CSV board, of whom one member must be the chairperson or deputy chairperson, constitutes a quorum of the CSV board.
(3) For the purposes of subsection (2), if both the chairperson and the deputy chairperson are unable to attend a meeting of the CSV board, the members present at the meeting may elect a member, by a majority of votes, to act as the chairperson for that meeting.
(4) A question arising at a meeting of the CSV board must be resolved by—
(a) a majority of votes of all members present and voting on the question, including the member chairing the meeting; or
(b) if there is no majority under paragraph (a) due to an equal number of votes for and against a resolution, a casting vote of the member chairing the meeting.
(5) A meeting of the CSV board may be held with the use of telephone, video conference or other means of communication that do not require the physical presence of each member at the same location.
(6) The member chairing a meeting must ensure that minutes of the meeting are kept.
(7) Subject to this Act, the CSV board may regulate its own proceedings.
21 Pecuniary interests and conflicts of interest of CSV board members
(1) A member of the CSV board who has a direct or indirect pecuniary interest or a conflict of interest in a matter being considered or to be considered by the CSV board must disclose the nature of that interest at a meeting of the CSV board as soon as practicable after the member has knowledge of the relevant facts.
Penalty: 60 penalty units.
(2) For the purposes of subsection (1), a member of the CSV board does not have a pecuniary interest or a conflict of interest in a matter merely because the member is engaged in—
(a) the building industry; or
(b) any matter connected with the building industry.
(3) Without limiting the circumstances where a member has a pecuniary interest or a conflict of interest, for the purposes of subsection (1) a member is taken to have a pecuniary interest or a conflict of interest in a matter relating to a building or building work if the member—
(a) is or was involved in designing that building; or
(b) assisted in preparing or making an application for a building permit or an occupancy permit under the Building Act 1993 for that building or building work; or
(c) is or was the relevant building surveyor within the meaning of the Building Act 1993 in respect of an application for a permit for that building or building work.
(4) A member of the CSV board who has made a disclosure under subsection (1) must not be present during, or otherwise take part in, any deliberation of or vote on that matter.
Penalty: 60 penalty units.
(5) If a member of the CSV board has made a disclosure under subsection (1), the member chairing the meeting must ensure that the disclosure is recorded in the minutes of the meeting.
22 Personal liability
(1) A member of the CSV board is not personally liable for anything done or omitted to be done in good faith—
(a) in the exercise of a power or the discharge of a duty under this Act or the regulations; or
(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations.
(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the CSV board attaches instead to Cladding Safety Victoria.
Division 3—Chief executive officer and staff
23 Chief executive officer
(1) The CSV board may appoint a person to be the chief executive officer of Cladding Safety Victoria.
(2) The chief executive officer of Cladding Safety Victoria is to be employed under Part 3 of the Public Administration Act 2004.
(3) The CSV board must not appoint a person to be the chief executive officer if, under the Building Act 1993, the person is—
(a) a Commissioner of the Victorian Building Authority Board; or
(b) a member of the Building Appeals Board; or
(c) a member of the Building Regulations Advisory Committee; or
(d) a member of the Plumbing Advisory Council.
(4) The chief executive officer appointed under subsection (1)—
(a) is responsible to the CSV board for the day‑to-day management of Cladding Safety Victoria; and
(b) may attend a meeting of the CSV board if invited by the CSV board, but must not vote at the meeting.
(5) The CSV board may direct the chief executive officer not to attend a meeting of the CSV board.
24 Staff
(1) There may be employed under Part 3 of the Public Administration Act 2004 any employees that are necessary to enable Cladding Safety Victoria to perform its functions.
(2) For the purposes of performing its functions, Cladding Safety Victoria may—
(a) enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and
(b) engage any persons as contractors or consultants.
Division 4—Ministerial direction
25 Direction and control of the Minister
(1) Cladding Safety Victoria is subject to the general direction and control of the Minister.
(2) Cladding Safety Victoria must comply with any direction of the Minister, including a direction to give any information or assistance the Minister requires.
Division 5—Complaints
26 Complaints to Cladding Safety Victoria
(1) Any person may complain in writing to Cladding Safety Victoria about the performance of its functions or duties or the exercise of its powers under this Act or any other Act.
(2) If Cladding Safety Victoria receives a complaint under this section it must—
(a) consider the complaint; and
(b) give a written report to the complainant of its consideration of the complaint.
(3) Cladding Safety Victoria must consider any complaints in accordance with the prescribed process.
Part 3—Financial assistance for cladding rectification work
27 Notification of buildings requiring cladding rectification work
(1) A municipal building surveyor may notify Cladding Safety Victoria of a building (other than a government building) that the municipal building surveyor considers requires cladding rectification work.
(2) A municipal building surveyor must include in a notification under subsection (1) any information supporting the municipal building surveyor's opinion that a building requires cladding rectification work.
(3) Cladding Safety Victoria may request the municipal building surveyor to provide any further information that is reasonably necessary.
(4) A notification under subsection (1) must be in the prescribed form.
28 Prioritisation of buildings for potential financial assistance
(1) Cladding Safety Victoria must prioritise for potential financial assistance any buildings in respect of which it has been notified by a municipal building surveyor under section 27 as requiring cladding rectification work.
(2) Cladding Safety Victoria must have regard to the prescribed criteria when prioritising a building for potential financial assistance for cladding rectification work.
(3) Cladding Safety Victoria must prioritise a building for potential financial assistance for cladding rectification work in accordance with any other prescribed requirements.
29 Applications to register owners and owners corporations of buildings for potential financial assistance
(1) Cladding Safety Victoria may invite in writing the owner or owners corporation of a building that has been prioritised under section 28 to apply to register for potential financial assistance for cladding rectification work.
(2) After considering an application to register an owner or owners corporation of a building for potential financial assistance, Cladding Safety Victoria may accept or refuse to accept the application.
(3) Cladding Safety Victoria must consider the prescribed matters when deciding whether to accept or refuse to accept the application.
(4) Cladding Safety Victoria may request an applicant to provide any information that it considers necessary to assist in deciding whether to accept an application to register.
(5) An applicant must take reasonable steps to provide any information requested under subsection (4).
(6) Cladding Safety Victoria may refuse to accept an application if the applicant does not provide any further information required under subsection (4).
(7) Cladding Safety Victoria must notify an applicant whether the application is accepted or refused within 14 days of making the decision.
(8) If Cladding Safety Victoria refuses to accept an application, a notice under subsection (7) must include reasons for the decision.
(9) An application to register an owner or owners corporation of a building for potential financial assistance must be made—
(a) in the prescribed form and include the prescribed information; and
(b) in accordance with any other prescribed requirements.
30 Grants of financial assistance
(1) On accepting an application to register the owner or owners corporation of a building for potential financial assistance for cladding rectification work, Cladding Safety Victoria must decide whether to grant or refuse to grant financial assistance to the owner or owners corporation of the building.
(2) Subject to this section, a decision of Cladding Safety Victoria to grant or refuse to grant financial assistance must be made in accordance with any prescribed process.
(3) In deciding whether to grant or refuse to grant financial assistance, Cladding Safety Victoria may assess the building to determine the extent of the cladding rectification work that is required to mitigate the risks associated with any non‑compliant or non-conforming external wall cladding product.
(4) Cladding Safety Victoria may request the applicant to provide any information that it considers necessary to assist in deciding whether to grant financial assistance.
(5) Cladding Safety Victoria must notify an applicant whether financial assistance is granted or refused within 14 days of making the decision.
(6) If Cladding Safety Victoria refuses to grant financial assistance, a notice under subsection (5) must include reasons for the decision.
(7) After Cladding Safety Victoria makes a decision to grant financial assistance under this section, it must enter into a funding agreement with the owner or owners corporation of the building.
(8) A funding agreement must be in the prescribed form and contain the prescribed terms and conditions.
31 Notice of completion of cladding rectification work
Cladding Safety Victoria must notify the following of the completion of any cladding rectification work in respect of a building under a funding agreement—
(a) the Minister;
(b) the Authority;
(c) the municipal building surveyor for the municipal district in which the building is located;
(d) any prescribed agency.
Part 4—Reporting and financial provisions
Division 1—Reporting obligations
32 Strategic plan
(1) Within three months of the commencement of this Act, the CSV board must—
(a) prepare a four-year strategic plan; and
(b) submit the plan to the Minister for approval.
(2) The strategic plan prepared under subsection (1) must contain the following—
(a) a vision statement;
(b) a mission statement;
(c) a statement of values;
(d) objectives to be met during the course of the plan;
(e) details of the strategic initiatives which will enable Cladding Safety Victoria to meet those objectives.
(3) If the strategic plan prepared under subsection (1) has been approved by the Minister—
(a) the CSV board must adopt and implement the plan; and
(b) the Minister must provide a copy of the plan to the Treasurer.
33 Annual work program
(1) Subject to subsection (4), no later than 30 June each year, the CSV board must—
(a) prepare a work program for the next financial year; and
(b) submit the program to the Minister for approval.
(2) The work program prepared under subsection (1) must include—
(a) objectives to be met during the next financial year; and
(b) details of the actions which Cladding Safety Victoria will take during the next financial year to meet those objectives.
(3) If the work program prepared under subsection (1) has been approved by the Minister, the CSV board must—
(a) adopt and implement the program; and
(b) ensure that a copy of the program is published on a website maintained by Cladding Safety Victoria.
(4) For the financial year commencing 1 July 2020, the CSV board must carry out the duties specified in subsection (1) within three months of the commencement of this Act.
34 Compliance with strategic plan and annual work program
If the CSV board fails to act consistently with the strategic plan or an annual work program approved by the Minister, the Minister may—
(a) direct the CSV board to take steps to act consistently with the strategic plan or the work program, as the case requires; or
(b) direct the CSV board to amend the strategic plan or the work program, as the case requires; or
(c) give any other direction as the Minister considers appropriate.
35 Information to be included in report of operations
(1) Cladding Safety Victoria must include in its report of its operations under Part 7 of the Financial Management Act 1994 the following information in respect of a financial year—
(a) details of funding agreements entered into during the financial year;
(b) details of cladding rectification work funded during the financial year;
(c) details of funded cladding rectification work completed during that financial year;
(d) any other information that is required by the Minister in writing at least 30 days before the end of the financial year.
(2) The information provided under subsection (1) must not include any information that would identify the location of any building that is subject to cladding rectification work.
36 Record keeping
(1) Cladding Safety Victoria must keep up-to-date records of the following—
(a) notifications by municipal building surveyors under section 27 of buildings requiring cladding rectification work, including any supporting information;
(b) decisions under section 28 to prioritise buildings for potential financial assistance for cladding rectification work;
(c) decisions under section 29 to accept or refuse to accept applications to register owners and owners corporations of buildings for potential financial assistance;
(d) the owners, owners corporations and buildings in respect of which applications to register for potential assistance have been accepted;
(e) the activities undertaken by Cladding Safety Victoria in considering decisions to prioritise buildings for potential financial assistance and applications to register owners and owners corporations of buildings for potential financial assistance;
(f) decisions under section 30 to grant financial assistance for cladding rectification work and their corresponding funding agreements;
(g) complaints under section 26 and their corresponding written reports.
(2) The records under subsection (1) must be kept in accordance with the prescribed requirements.
37 Information sharing
(1) Cladding Safety Victoria may enter into information sharing agreements with any of the following persons or bodies for the purposes of performing the functions of Cladding Safety Victoria or the person or body under this or any other Act—
(a) a Department or public entity within the meaning of the Public Administration Act 2004;
(b) the Authority;
(c) Consumer Affairs Victoria;
(d) the Environment Protection Authority;
(e) the Country Fire Authority;
(f) Fire Rescue Victoria;
(g) a municipal building surveyor;
(h) any other person or body that exercises functions in the public interest that involve protecting the interests of the public.
(2) An information sharing agreement may extend to information that would be reasonably required by either party to the agreement to assist in the exercise of functions under this Act or the functions of the other party.
38 Improper use of information
A person must not improperly use any information to obtain, directly or indirectly, any pecuniary or other advantage for that person or another person, if the information was acquired in the course of that person's duties or former duties as—
(a) a member of the CSV board; or
(b) the chief executive officer; or
(c) a person referred to in section 24.
Penalty: 60 penalty units.
39 Prohibition on disclosure of certain information
(1) A person who, in the course of performing functions or duties or exercising powers under this Act, receives information that would identify the location of any buildings affected by non‑compliant or non-conforming external wall cladding products must not disclose the information.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply to the following disclosures of information—
(a) information shared in accordance with an information sharing agreement under section 37;
(b) a record or disclosure made with the written authorisation of Cladding Safety Victoria or the Minister;
(c) a record or disclosure made to a regulator;
(d) any other disclosure of information to the extent necessary in the performance of Cladding Safety Victoria's functions under this Act;
(e) a disclosure required or permitted under another Act.
Division 2—Financial powers
40 Cladding Safety Victoria may invest funds
Cladding Safety Victoria may invest any monies not immediately required for the purposes of performing its functions in any manner approved by the Treasurer.
41 Cladding Safety Victoria may engage agent in carrying out functions
Cladding Safety Victoria may enter into arrangements or agreements with any person or body to act as its agent in the carrying out of its functions under the Financial Management Act 1994 or otherwise in relation to required accounting activities.
42 Cladding Safety Victoria funding
S. 42(1) amended by No. 11/2023 s. 57.
(1) The Authority must pay out of the Cladding Safety Victoria account under section 205DB(1)(e) of the Building Act 1993 to Cladding Safety Victoria for the purposes of this Act any amount remaining in that account after the payments specified in section 205DB(1)(b), (c), (ca) and (2) of the Building Act 1993 have been made.
(2) If the Treasurer is satisfied that there is at any time an amount in excess of the amount required to meet the anticipated costs to Cladding Safety Victoria in performing its functions, the Treasurer, after consultation with the Minister and Cladding Safety Victoria, may direct the payment of the whole or any part of that excess amount out of the account into the Consolidated Fund.
(3) Cladding Safety Victoria must comply with a direction made by the Treasurer.
Part 5—General
43 Regulations
(1) The Governor in Council may make regulations for or with respect to the following—
(a) the administration of the cladding rectification program;
(b) the prioritisation of buildings for potential financial assistance for cladding rectification work, including—
(i) the criteria to which Cladding Safety Victoria must have regard; and
(ii) other requirements in accordance with which a prioritisation decision must be made;
(c) applications to register owners and owners corporations of buildings for potential financial assistance for cladding rectification work, including—
(i) the requirements in accordance with which applications must be made; and
(ii) the information to be provided by owners and owners corporations of buildings; and
(iii) the inspection of buildings by Cladding Safety Victoria and the testing of materials; and
(iv) the applicable timeframes for applications and their consideration;
(d) grants of financial assistance to owners and owners corporations of buildings, including—
(i) the process in accordance with which grants of financial assistance must be made; and
(ii) the assessment of cladding rectification work; and
(iii) tendering processes for building practitioners to undertake cladding rectification work; and
(iv) the monitoring of cladding rectification work carried out under funding agreements; and
(v) the determination of whether cladding rectification work carried out under a funding agreement has been completed;
(e) standard terms and conditions for agreements and contracts in relation to consultancy, technical design and project management services;
(f) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time, place or circumstance; and
(c) may confer a discretionary authority or impose a duty on or leave any matter to be determined or approved by a specified person or class of persons; and
(d) may provide for the exemption of persons or classes of persons, or buildings or classes of buildings, land or classes of land, or building work or plumbing work or classes of building work or plumbing work, or materials or products or classes of materials or products in relation to building work or plumbing work, from any of the provisions of this Act or the regulations; and
(e) may impose penalties not exceeding 20 penalty units for a contravention of the regulations.
S. 44 expired by force of No. 31/2020 s. 44(6).
45 Review of this Act
(1) Subject to subsection (2), the Minister must ensure that a review is undertaken and a report is prepared to determine whether there is an ongoing need for Cladding Safety Victoria as established by this Act.
(2) The Minister must ensure that the review is undertaken no later than 1 January 2024.
(3) The Minister must ensure that a copy of the report referred to in subsection (1) is laid before each House of Parliament within 7 sitting days of that House after the review is completed.
Part 6—Transitional provisions
46 Definitions
In this Part—
commencement day means the day on which Part 2 of this Act comes into operation;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective.
47 Transfer of staff from the Authority to Cladding Safety Victoria
(1) The chief executive officer of the Authority, with the approval of the Minister, must list in writing the executive officers and employees of the Authority who perform functions relating to cladding rectification work and are employed by the Authority immediately before the commencement day who are to be employed under Part 3 of the Public Administration Act 2004.
(2) An officer or employee listed under subsection (1) (a transferred employee) is taken—
(a) to be employed under Part 3 of the Public Administration Act 2004 with effect on the commencement day; and
(b) to be employed in their new position with effect on and after the commencement day; and
(c) to be employed on terms and conditions no less favourable overall than those that applied to the person as an officer or employee of the Authority immediately before the commencement day; and
(d) to have accrued an entitlement to benefits in connection with the employment under Part 3 of the Public Administration Act 2004 that is equivalent to the entitlement that the person had accrued, as an officer or employee of the Authority, immediately before the commencement day.
(3) The service of a transferred employee under Part 3 of the Public Administration Act 2004 is to be regarded for all purposes as having been continuous with the service of the transferred employee, immediately before the commencement day, as an officer or employee of the Authority.
(4) A transferred employee is not entitled to receive any payment or other benefit by reason only of having ceased to be an employee of the Authority because of the operation of this Part.
(5) A certificate purporting to be signed by the chief executive officer of the Authority certifying that a person named in the certificate was, with effect on and after the commencement day, employed, by virtue of this section, under Part 3 of the Public Administration Act 2004, is admissible in evidence in any proceedings and is conclusive proof of the matters stated in it.
(6) The superannuation entitlements of any person who is a transferred employee are taken not to be affected by that person becoming a transferred employee.
(7) Nothing in this section prevents—
(a) any of the terms and conditions of employment of a transferred employee from being altered by or under any law, award or agreement with effect any time on or after the commencement day; or
(b) a transferred employee from resigning or being dismissed at any time after the commencement day in accordance with the then-existing terms and conditions of their employment under Part 3 of the Public Administration Act 2004.
(8) The chief executive officer of the Authority may make an amendment to the list prepared under subsection (1) for the purposes of correcting any technical or other minor error.
48 Chief executive officer
On the commencement day, the person appointed as the chief executive officer of the Cladding Safety Victoria business unit in the Authority immediately before that day, and who is listed under section 47(1) as the chief executive officer, is taken to be chief executive officer of Cladding Safety Victoria appointed under section 23 of this Act.
49 Transfer of property, rights and liabilities of the Authority to Cladding Safety Victoria
(1) The chief executive officer of the Authority, with the approval of the Minister, must list in writing the property, rights and liabilities of the Authority immediately before the commencement day which are to be transferred to Cladding Safety Victoria.
(2) On the commencement of this section—
(a) all property and rights listed under subsection (1) are vested in Cladding Safety Victoria; and
(b) all liabilities listed under subsection (1) become the liabilities of Cladding Safety Victoria.
(3) Documentary or other evidence that would have been admissible for or against the interests of the Authority in relation to property, rights or liabilities listed under subsection (1) if this Part had not been enacted is admissible for or against the interests of Cladding Safety Victoria.
(4) The Evidence Act 2008 applies with respect to the books of account of Cladding Safety Victoria and to entries made in those books of account before the commencement day, whether or not they relate to property, rights or liabilities listed under subsection (1), as if those books of account and entries were business records of Cladding Safety Victoria.
(5) A certificate purporting to be signed by the chief executive officer of the Authority certifying that property, rights or liabilities of the Authority specified in the certificate have been transferred to Cladding Safety Victoria is admissible in evidence in any proceedings and is conclusive proof that the property, rights or liabilities so specified are the property, rights and liabilities to which a list under subsection (1) applies.
(6) The chief executive officer of the Authority may make an amendment to the list prepared under subsection (1) for the purposes of correcting any technical or other minor error.
50 Substitution of parties to agreements
If the rights and liabilities of the Authority under an agreement are rights that vest in or liabilities that become liabilities of Cladding Safety Victoria under this Part—
(a) Cladding Safety Victoria becomes, on the commencement day, a party to the agreement in place of the Authority; and
(b) on and after the commencement day, the agreement has effect as if Cladding Safety Victoria had always been a party to the agreement.
51 Existing matters before the Authority
(1) If a municipal building surveyor has, before the commencement day, notified the Authority of a building that the municipal building surveyor considers requires cladding rectification work, that notification is taken to be a notification to Cladding Safety Victoria under section 27.
(2) If the Authority has, before the commencement day, prioritised for potential financial assistance any buildings in respect of which it has been notified by a municipal building surveyor as requiring cladding rectification work, that prioritisation is taken to be a prioritisation by Cladding Safety Victoria under section 28.
52 Validity of things done under this Part
(1) Nothing effected or to be effected by this Part or done or suffered under this Part—
(a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or
(b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or
(c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or
(d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a change in the beneficial or legal ownership of any property, right or liability; or
(e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or
(f) is to be regarded as frustrating any contract; or
(g) releases any surety or other obligor wholly or in part from any obligation.
(2) In this section Act does not include the Charter of Human Rights and Responsibilities Act 2006.
Part 7—Amendment of Building Act 1993
53 Limitation on time when building action may be brought
At the end of section 134 of the Building Act 1993 insert—
"(2) Despite subsection (1), a building action may be brought more than 10 years but less than 12 years after the date of issue of the occupancy permit in respect of the building work (whether or not the occupancy permit is subsequently cancelled or varied) or, if an occupancy permit is not issued, the date of issue under Part 4 of the certificate of final inspection of the building work if—
(a) the building action is a cladding building action; and
(b) the building action has become or becomes prohibited on or after 16 July 2019, but before 12 months after the commencement of section 53 of the Cladding Safety Victoria Act 2020, by this section as in force immediately before the commencement of that section of that Act.
(3) In this section—
cladding building action means a building action in connection with, or otherwise related to, a product or material that is, or could be, a non-compliant or non‑conforming external wall cladding product.".
54 Subrogation
(1) For section 137F(1) of the Building Act 1993 substitute—
"(1) This section applies if, after the commencement of section 54 of the Cladding Safety Victoria Act 2020, Cladding Safety Victoria pays an amount to an owner of a building (the payee) by way of a grant of financial assistance in relation to cladding rectification work on the building.".
(2) In section 137F(2) of the Building Act 1993, for "At the relevant time" substitute "When the financial assistance is paid to the payee".
(3) After section 137F(9) of the Building Act 1993 insert—
"(9A) Despite the amendment of this section by section 54 of the Cladding Safety Victoria Act 2020, any right of subrogation conferred on the Crown under this section as in force immediately before its amendment continues to have effect.".
(4) In section 137F(10) of the Building Act 1993—
(a) in the definition of officer, in paragraph (b), for "Act;" substitute "Act.";
(b) the definition of relevant time is repealed.
55 Functions of the Authority
(1) In section 197(f)(iii) of the Building Act 1993, for "plumbers; and" substitute "plumbers;".
(2) Section 197(f)(iv) of the Building Act 1993 is repealed.
(3) Section 197(fa) of the Building Act 1993 is repealed.
56 Payments into the Cladding Safety Victoria account
(1) Section 205DA(d) of the Building Act 1993 is repealed.
(2) Section 205DA(e) of the Building Act 1993 is repealed.
57 Payments out of the Cladding Safety Victoria account
Section 205DB(1)(a) of the Building Act 1993 is repealed.
57A Building permit levy must be paid
After section 205G(2C) of the Building Act 1993 insert—
"(2D) In the case of a building permit for which the building work relates to more than one class of building, and those classes of building include one or more class of building referred to in section 205G(2A) and a class 1, 9 or 10 building, the levy paid under subsection (2A) and calculated under subsection (2B) or (2C) must not include an amount that relates to the class 1, 9 or 10 building.".
57B Building permit application must contain information about cost of building work
(1) After section 205H(1) of the Building Act 1993 insert—
"(1AA) An application for a building permit must also specify the following—
(a) whether the building work relates to more than one class of building;
(b) if the building work relates to more than one class of building—each class of building;
(c) if the building work relates to more than one class of building, and those classes of building include one or more class of building referred to in section 205G(2A) and a class 1, 9 or 10 building—
(i) the cost of the building work that relates to the class or classes of building referred to in section 205G(2A); and
(ii) the cost of the building work that relates to the class 1, 9 or 10 building.".
(2) In section 205H(2) of the Building Act 1993, for "subsections (1) and (1A)" substitute "this section".
57C Relevant building surveyor must refuse a permit in certain circumstances
In section 205HA(b)(i) of the Building Act 1993, after "205H(1)(b)" insert ", (1AA)(c)".
57D Calculation and notification of levy
After section 205I(3) of the Building Act 1993 insert—
"(4) In addition to subsections (1) and (2), for the purposes of the building permit levy payable under section 205G(2A), if an application is for a building permit in respect of which the building work relates to more than one class of building, and those classes of building include one or more class of building referred to in section 205G(2A) and a class 1, 9 or 10 building—
(a) the relevant building surveyor must—
(i) estimate the cost of the building work (including the cost of labour and material) that relates to the class or classes of building referred to in section 205G(2A) and for which the building permit is sought, having regard to the information given under section 205H(1AA); and
(ii) estimate the cost of the building work (including the cost of labour and material) that relates to the class 1, 9 or 10 building and for which the building permit is sought, having regard to the information given under section 205H(1AA); and
(b) the Authority must—
(i) calculate the amount of building permit levy payable under section 205G(2A) in respect of building work that relates to the class or classes of building referred to in section 205G(2A); and
(ii) give the applicant written notice of the amount calculated under subparagraph (i).".
57E Authority may reassess levy after building permit issued
(1) In section 205L(1)(b) of the Building Act 1993, after "205I(1)" insert "or (4)".
(2) In section 205L(1)(c) of the Building Act 1993, after "205H(1)" insert "or (1AA)".
57F Authority to give notice of refund
In section 205LBA(1) of the Building Act 1993, for "205L(1A)(b) or (c)" substitute "205L(1)(b) or (c) or (1A)(b) or (c)".
58 Information sharing
(1) After section 259AB(2)(b) of the Building Act 1993 insert—
"(ba) information in relation to cladding rectification work;".
(2) In section 259AB(7) of the Building Act 1993, in the definition of relevant agency, after paragraph (j) insert—
"(ja) Cladding Safety Victoria; or
(jb) the Department of Treasury and Finance; or".
58A New section 277A inserted
After section 277 of the Building Act 1993 insert—
"277A Transitional provision relating to the building permit levy
(1) The amendments made to this Act by sections 57A, 57B, 57C, 57D, 57E and 57F of the Cladding Safety Victoria Act 2020 apply to the calculation of the building permit levy as if those sections had been in operation on and after 1 January 2020 and for that purpose those sections are taken to have been in operation on and after 1 January 2020.
(2) The Authority may request an applicant for a building permit or a relevant building surveyor to provide any information that it considers necessary to assist in the reassessment and refund of any building permit levy.".
Part 8—Amendment of Public Administration Act 2004
59 Persons with functions of public service body Head
After section 16(1)(ja) of the Public Administration Act 2004 insert—
"(k) the chairperson within the meaning of the Cladding Safety Victoria Act 2020 in relation to Cladding Safety Victoria;".
═════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 4 September 2020
Legislative Council: 16 October 2020
The long title for the Bill for this Act was "A Bill for an Act to establish a body corporate called Cladding Safety Victoria for the purposes of administering a cladding rectification program and to make related amendments to the Building Act 1993 and the Public Administration Act 2004 and for other purposes."
The Cladding Safety Victoria Act 2020 was assented to on 4 November 2020 and came into operation as follows:
Sections 1–57, 58, 59 on 1 December 2020: Special Gazette (No. 624) 1 December 2020 page 1; sections 57A–57F, 58A on 1 February 2021: Special Gazette (No. 624) 1 December 2020 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Cladding Safety Victoria Act 2020 by Acts and subordinate instruments.