187ZComplaint privileged

187Z Complaint privileged A person is not liable in any way for any loss, damage or injury suffered by another person solely because the first person in good faith— (a) lodged a complaint with the Authority in relation to a licensed building employee; or (b) produced or gave a document or any information or evidence to the Authority in relation to a matter that constitutes or may constitute a contravention of— (ii) a prescribed Act or law or a prescribed provision of a prescribed Act or law. S. 187ZA inserted by No. 46/2018 s. 21. 187ZA Consequences of suspension of licence While the licence of a person is suspended, the person is taken not to be licensed under this Part. S. 187ZB inserted by No. 46/2018 s. 21. 187ZB Revocation of suspension (1) The Authority may at any time revoke a suspension under Subdivision 3 if satisfied that it is appropriate to do so. (2) The Authority must, without delay, give written notice of the revocation to the licensed building employee. Division 3—Review of decisions relating to licensed employees S. 187ZC inserted by No. 46/2018 s. 21. 187ZC Definitions ***affected person*** means a person directly affected by a reviewable decision; ***review decision*** has the meaning set out in section 187ZG; ***reviewable decision*** means any of the following decisions under this Act— (a) a decision to refuse to grant a licence under this Part; (b) a decision to take any form of disciplinary action within the meaning of section 187P; ***reviewer*** means a person deciding an internal review under this Division. Subdivision 2—Internal review S. 187ZD inserted by No. 46/2018 s. 21. 187ZD Applying for internal review (1) This section applies if a reviewable decision is made by a delegate of the Authority other than a Commissioner or the chief executive officer of the Authority. (2) A person who is directly affected by a reviewable decision may apply to the Authority for an internal review of the decision. (3) Subject to subsection (4), the application must be made within 28 days after the day the affected person is given notice of the reviewable decision. (4) The Authority may, at any time, extend the time for applying for an internal review. (5) An application for an internal review must be in writing and state fully the grounds of the application. (6) An application for an internal review stays the operation of the decision. S. 187ZE inserted by No. 46/2018 s. 21. 187ZE Persons who may conduct an internal review (1) The Authority must appoint an employee of the Authority to conduct an internal review. (2) An internal review must not be conducted by— (a) the person who made the reviewable decision; or (b) a person who was involved in the matters that gave rise to the reviewable decision; or (c) a person who holds a less senior position than a person referred to in paragraph (a) or (b). S. 187ZF inserted by No. 46/2018 s. 21. 187ZF Internal review (1) The reviewer must conduct the internal review on— (a) the material before the Authority that led to the reviewable decision; and (b) the reasons for the reviewable decision; and (c) any other material that was not available at the time of the reviewable decision that the reviewer is satisfied is relevant. (2) For the review, the reviewer must give the affected person a reasonable opportunity to make written or oral representations to the reviewer. S. 187ZG inserted by No. 46/2018 s. 21. 187ZG Review decisions (1) The reviewer must make a decision (the ***review decision***) to— (a) affirm the reviewable decision; or (b) amend the reviewable decision; or (c) substitute another decision for the reviewable decision. (2) If the review decision affirms the reviewable decision, for the purpose of an application for review by VCAT, the reviewable decision is taken to be the review decision. (3) If the review decision amends the reviewable decision, the reviewable decision as amended is taken to be the review decision. (4) If the review decision substitutes another decision for the reviewable decision, the substituted decision is taken to be the review decision. S. 187ZH inserted by No. 46/2018 s. 21. 187ZH Notice of review decision (1) The Authority must, as soon as practicable after the review decision is made, give the affected person notice (the ***review notice***) of the review decision. (2) The review notice must state the following— (a) the reasons for the decision; (b) that the affected person may apply to VCAT for review of the decision under this Division. (3) If the Authority does not give the review notice within the review period the reviewer is taken to have made a review decision affirming the reviewable decision. ***review period*** means the longer of— (a) the relevant period prescribed by the regulations (if any); or (b) the period ending 28 days after the application is made. Subdivision 3—Review by VCAT S. 187ZI inserted by No. 46/2018 s. 21. 187ZI Application for review by VCAT of reviewable decision (1) An affected person who has applied for an internal review of a reviewable decision under Subdivision 2 and is dissatisfied with the review decision may apply to VCAT for review of the review decision. (2) An affected person who was not eligible to apply for an internal review of a reviewable decision may apply to VCAT for review of the reviewable decision. (3) An affected person may apply to VCAT (without applying for internal review) for review of a reviewable decision to suspend or cancel a licence. (4) An application for review of a reviewable decision or review decision must be made within— (a) in the case of an application under subsection (1), 14 days after the end of the review period for internal review; or (b) in any other case, 28 days after the reviewable decision or review decision is made. S. 187ZJ inserted by No. 46/2018 s. 21. 187ZJ Proceedings and decision (1) After hearing the matter, VCAT may— (a) affirm the review decision or reviewable decision; or (b) amend the review decision or reviewable decision; or (c) substitute another decision for the review decision or reviewable decision. (2) An application for review stays the operation of the decision. Part 12—Building administration Division 1—Role of Minister 188 Guidelines (1) The Minister may from time to time issue guidelines relating to— (a) the fees to be charged for applications for permits and approvals and any fees to be charged under this Act and the regulations; and S. 188(1)(b) amended by No. 34/2013 s. 34(Sch. 1 item 25). (b) the charges to be made for services provided by the Authority; and (c) the functions of municipal building surveyors and private building surveyors under this Act or the regulations; and S. 188(1)(d) amended by No. 21/2017 s. 95(8), substituted by No. 20/2019 s. 146. (d) the circumstances in which a municipal building surveyor or private building surveyor should, in preparing a building notice or building order, seek assistance from the Fire Rescue Commissioner under the **Fire Rescue Victoria Act 1958**, the Chief Officer under the **Country Fire Authority Act 1958** or any public authority. (2) Guidelines relating to fees— (a) may specify the fees or specify maximum or minimum fees; and (b) may specify different fees for different classes of cases. S. 188(2A) inserted by No. 91/1995 s. 152, amended by No. 52/1998 s. 311(Sch. 1 item 10.9). (2A) Guidelines relating to the fees chargeable under Part 11 in respect of domestic builders may take into account the costs and expenses incurred in the administration and enforcement of the **Domestic Building Contracts Act 1995** and the regulations under that Act. (3) The guidelines must be published in the Government Gazette. (4) A council or private building surveyor, in determining fees for applications for permits, may have regard to the guidelines under subsection (1)(a) about those fees. S. 188(5) amended by Nos 15/2016 s. 18(1), 21/2017 s. 11(2), 43/2024 s. 30. (5) The Authority, in determining fees under Division 1A of Part 11 or Division 1 of Part 11A, must have regard to the guidelines under subsection (1)(a) about those fees. S. 188(6) amended by No. 34/2013 s. 34(Sch. 1 item 26). (6) The Authority must have regard to the guidelines under subsection (1)(b) in fixing charges for the provision of services. (7) A municipal building surveyor or private building surveyor must have regard to any relevant guideline under subsection (1)(c) or (d) in carrying out a function under this Act or the regulations. S. 188AA inserted by No. 46/2018 s. 53. 188AA Ministerial directions to building surveyors (1) The Minister may from time to time issue directions relating to the functions of municipal building surveyors and private building surveyors under this Act or the regulations that are not inconsistent with this Act or the regulations. (2) A direction issued under subsection(1) must be published in the Government Gazette. (3) A municipal building surveyor or private building surveyor must comply with any relevant direction issued under subsection (1) in carrying out a function under this Act or the regulations. S. 188A (Heading) amended by No. 43/2024 s. 31(1). S. 188A inserted by No. 30/2001 s. 3.