VICIn ForceAct
Domestic Building Contracts Act 1995
48OReporting the results of an examination
Start here
Get a plain-English read of 48O
Turn the raw legal text into a practical explanation grounded in Domestic Building Contracts Act 1995.
48O Reporting the results of an examination
(1) After conducting an examination of domestic building work, the assessor must give a report of the results of the examination to—
(a) each party to the dispute; and
(b) the chief dispute resolution officer.
S. 48O(2) amended by No. 47/2019 s. 17(1).
(2) The report must be in writing in a form approved by the chief dispute resolution officer.
(3) Subject to subsection (4), the assessor is not required to give a report under this section if—
(a) the examination was for the purposes of a conciliation conference; and
(b) a record of agreement was made as a result of the conciliation conference.
(4) The chief dispute resolution officer may direct an assessor to prepare a report under this section if the chief dispute resolution officer has been given notice under section 46G of non-compliance with an action required in a record of agreement.
(5) On being given a direction under subsection (4), the assessor must—
(a) prepare the report within the time required in the direction; and
(b) give a copy of the report, without delay, to—
(i) each party to the dispute; and
(ii) the chief dispute resolution officer.
(6) A party to a dispute may make a written submission to the chief dispute resolution officer in relation to a report within the prescribed period after the report is given to the party under this section.
S. 48O(6A) inserted by No. 47/2019 s. 17(2).
(6A) A written submission under subsection (6) must—
(a) be in a form approved by the chief dispute resolution officer; and
(b) relate to the reasons and findings contained in the assessor's report of the results of the examination.
(7) In this section—
***prescribed period*** means the longer of—
(a) the period prescribed by the regulations (if any); or
(b) 5 business days.
S. 48P inserted by No. 15/2016 s. 6.