Building Services (Complaint Resolution and Administration) Amendment Act 2024

 

Building Services (Complaint Resolution and Administration) Amendment Act 2024

Contents

1.Short title2

2.Commencement2

3.Act amended2

4.Section 3 amended2

5.Section 6 amended2

6.Section 6A inserted3

6A.Building Commissioner may approve policies for dealing with certain complaints3

7.Section 38 amended5

8.Section 43 amended5

9.Section 46 amended5

10.Section 137A inserted6

137A.Transitional provisions for Building Services (Complaint Resolution and Administration) Amendment Act 20246

 

Building Services (Complaint Resolution and Administration) Amendment Act 2024

No. 39 of 2024

An Act to amend the Building Services (Complaint Resolution and Administration) Act 2011.

[Assented to 29 October 2024]

The Parliament of Western Australia enacts as follows:

 

1.Short title

This is the Building Services (Complaint Resolution and Administration) Amendment Act 2024.

2.Commencement

This Act comes into operation as follows —

(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)the rest of the Act — on the day after that day.

3.Act amended

This Act amends the Building Services (Complaint Resolution and Administration) Act 2011.

4.Section 3 amended

In section 3 insert in alphabetical order:

 

approved policy means a policy in effect under section 6A;

 

5.Section 6 amended

(1)Delete section 6(1) and insert:

 

(1)A building service complaint is made out of time if the complaint is made —

(a)for a complaint relating to the installation or use of a Typlex pipe — more than 15 years after the completion of the regulated building service to which the complaint relates; or

(b)for a complaint relating to a matter other than the installation or use of a Typlex pipe — more than 6 years after the completion of the regulated building service to which the complaint relates.

(1A)Subsection (1)(a) applies to a building service complaint relating to the installation or use of a Typlex pipe irrespective of whether the making of the complaint would, before the commencement of the Building Services (Complaint Resolution and Administration) Amendment Act 2024 section 5(1), have been out of time.

 

(2)After section 6(3) insert:

 

(4)In this section —

related body corporate has the meaning given in the Corporations Act 2001 (Commonwealth) section 9;

Typlex pipe means a polybutylene pipe manufactured with Typlex‑1050 resin by Fletcher Building Limited, ARBN 096 046 936, or a related body corporate of Fletcher Building Limited (including a former related body corporate).

 

6.Section 6A inserted

After section 6 insert:

 

6A.Building Commissioner may approve policies for dealing with certain complaints

(1)The Building Commissioner may approve a policy for the purposes of dealing with building service complaints and HBWC complaints, which may include any of the following —

(a)procedures for dealing with the complaints;

(b)the kinds of remedies that may be specified in orders under Part 3 in relation to the regulated building services relating to the complaints;

(c)other relevant matters.

(2)The Building Commissioner must not approve a policy under subsection (1) unless satisfied that —

(a)there are recurring circumstances or incidents of a similar kind relating to regulated building services; and

(b)the policy is likely to assist the Building Commissioner to effectively deal with complaints under section 5 in relation to those circumstances or incidents.

(3)A policy approved under subsection (1) —

(a)must be published in accordance with the Interpretation Act 1984 section 41(1)(a); and

(b)comes into operation on a day, as specified in the policy, occurring on or after the day on which the policy is published under paragraph (a); and

(c)may be revoked by the Building Commissioner by notice published in accordance with the Interpretation Act 1984 section 41(1)(a).

(4)If an approved policy is in effect at the time the Building Commissioner makes a reviewable decision (as defined in the State Administrative Tribunal Act 2004 section 17(3)), the policy is taken to be certified by the Minister as a statement of policy for the purposes of section 28 of that Act.

(5)Sections 38(1A) and 43(1A) apply to an approved policy irrespective of whether the State Administrative Tribunal is dealing with a complaint made before or after the approved policy comes into operation.

(6)Section 46(1)(ba) applies to an approved policy irrespective of whether the Building Commissioner is dealing with a complaint made before or after the approved policy comes into operation.

 

7.Section 38 amended

After section 38(1) insert:

 

(1A)In dealing with the complaint, the State Administrative Tribunal must have regard to any relevant approved policy in effect at the time.

 

8.Section 43 amended

After section 43(1) insert:

 

(1A)In dealing with the complaint, the State Administrative Tribunal must have regard to any relevant approved policy in effect at the time.

 

9.Section 46 amended

After section 46(1)(b) insert:

 

(ba)must have regard to any relevant approved policy in effect at the time; and

 

10.Section 137A inserted

After section 137 insert:

 

137A.Transitional provisions for Building Services (Complaint Resolution and Administration) Amendment Act 2024

(1)In this section —

amendment Act means the Building Services (Complaint Resolution and Administration) Amendment Act 2024;

commencement day means the day on which the amendment Act section 5(1) comes into operation;

relevant policy means a policy of insurance entered into before commencement day to satisfy a requirement of the Home Building Contracts Act 1991 Part 3A;

residential building work has the meaning given in the Home Building Contracts Act 1991 section 25A.

(2)The amendment of section 6(1) by the amendment Act section 5(1) does not —

(a)extend or otherwise affect the period during which a relevant policy is in force in relation to residential building work; or

(b)revive a relevant policy or a policy holder’s right to claim under a relevant policy; or

(c)extend or otherwise affect the period for making a claim under a relevant policy.

(3)A policy under section 6A applies in relation to complaints made under section 5, but not finally determined, before commencement day.

 

 

© State of Western Australia 2024.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2024.

By Authority: GEOFF O. LAWN, Government Printer