Building and Planning Legislation Amendment (Governance and Other Matters) Bill 2013
table of provisions
Clause Page
Clause Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Amendments to Building Act 1993 3
Division 1—Amendments to governance provisions 3
3 New definitions 3
4 Division 2 of Part 12 substituted 4
Division 2—Victorian Building Authority 4
Subdivision 1—Establishment 4
193 Establishment of Authority 4
194 Authority is a body corporate 4
195 Authority accountable to Minister 5
196 Authority to comply with certain directions by gas
safety Minister 5
197 Functions of the Authority 5
198 General powers of the Authority 7
199 Delegation 7
Subdivision 2—VBA Board and staff of the Authority 7
200 Victorian Building Authority Board 7
201 Appointment of Commissioners to VBA Board 8
202 Application of Schedule 3 9
203 Chief executive officer 9
204 Authority staff 10
Subdivision 3—Victorian Building Authority Fund 11
205 Establishment and structure 11
205A Payments into Building account 11
205B Payments out of the Building account 13
205C Payments into the Plumbing account 15
205D Payments out of the Plumbing account 15
205E Authority may invest funds 16
205F Authority may engage agent in administering Victorian Building Authority Fund 16
Subdivision 4—Building permit levy 16
205G Building permit levy must be paid 16
205H Building permit levy in building permit process 17
205I Determination and notification of levy 19
205J Other duties of relevant building surveyor 19
205K Authority may recover unpaid levy 20
Subdivision 5—Specific powers of Authority relating to building surveyors 20
205L Referral of matters to Building Practitioners Board 20
205M Directions and recommendations in relation to
building surveyors 21
205N Authority may act as municipal building surveyor—general 22
205O Effect of Authority acting as municipal building surveyor 22
205P Authority as relevant building surveyor for certain occupancy permits 23
205Q Building surveyor not to carry out function 23
205R Minister's guidelines apply to applications to
Authority 24
5 Membership of Building Advisory Council 24
6 New Division 4A of Part 12 inserted 25
Division 4A—Plumbing Advisory Council 25
211A Establishment of Council 25
211B Membership and procedure 25
211C Functions 27
7 New sections 259B and 259C inserted 27
259B Authority may provide information to the Director of Consumer Affairs Victoria 27
259C Authority may disclose cooling tower information 27
Division 2—Building practitioner registration and plumber
licensing and registration 28
8 New section 25J inserted 28
25J Review by VCAT 28
9 Police record checks—building practitioners 28
169A Police record check on applicant 28
10 Powers of Building Practitioners Board 29
11 New Division 2A inserted in Part 11 29
Division 2A—Review of decisions 29
182A Review by VCAT 29
12 Police record checks—plumbers 30
221VA Police record check on applicant 30
Part 3—Amendments to Architects Act 1991 31
13 Architects Registration Board to advise Minister 31
14 Regulations 31
Part 4—Transitional and Savings Provisions and Consequential Amendments 32
Division 1—Transitional and savings provisions 32
15 New section 272 inserted 32
272 Transitional and savings provisions—Building and Planning Legislation Amendment (Governance
and Other Matters) Act 2013 32
16 New Schedule 7 inserted—Transitional and savings provisions 32
SCHEDULE 7—Transitional and Savings provisions
relating to the Building and Planning Legislation Amendment (Governance
and Other Matters) Act2013 32
PART 1—PRELIMINARY 32
1 Definitions 32
PART 2—BUILDING COMMISSION 34
2 Building Commission 34
3 Superseded references 35
4 Building Advisory Council 35
5 Building Regulations Advisory Committee 35
6 Transfer of staff 35
7 Immunity of former Commissioners and staff 36
8 Building Administration Fund 37
9 Inquiries by Building Practitioners Board—new decisions 38
10 Building practitioner appeals 38
PART 3—PLUMBING INDUSTRY COMMISSION 39
11 Plumbing Industry Commission 39
12 Superseded references 40
13 Plumbing Advisory Council 40
14 Registrar of Plumbing Industry Commission 41
15 Superseded references 41
16 Transfer of staff 41
17 Immunity of former Commissioners and staff 43
18 Plumbing fund 43
PART 4—MISCELLANEOUS 43
19 Appointment of first chief executive officer of
Authority 43
20 Registrar of Titles to amend Register 44
Division 2—Consequential amendments to Building Act1993 44
17 Definitions 44
18 Building permit levy in building permit process 44
19 References to building permit levy 45
20 Immunity of Commissioners and Authority staff 45
21 Section 143 repealed 46
22 Membership of bodies 46
23 References to Building Administration Fund 47
24 Building practitioner appeals 47
25 Performance auditors 47
26 Amendments to Part 12A 47
27 Registrar 48
28 Divisions 9 and 9A of Part 12A repealed 48
29 Section 221ZZZR repealed 48
30 Section 221ZZZS repealed 49
31 Authorised persons 49
32 Who may prosecute or bring other proceedings 49
33 Improper use of information 50
34 Schedule 1—Further consequential amendments to Building Act1993 50
Division 3—Consequential amendments to other Acts 50
35 Schedule 2—Consequential amendments to other Acts 50
Part 5—Amendment to Planning and
Environment Amendment (General) Act 2013 51
36 Section 33 substituted 51
33 Parties to review 51
Part 6—Repeal of Amending Act 53
37 Repeal of amending Act 53
______
SCHEDULES 54
SCHEDULE 1—Further Consequential Amendments to Building Act1993 54
SCHEDULE 2—Consequential Amendments to Other Acts 63
1 Building and Construction Industry Security of Payment Act2002 63
2 Domestic Building Contracts Act 1995 65
3 Electricity Industry (Residual Provisions) Act 1993 66
4 Gas Safety Act 1997 66
5 House Contracts Guarantee Act 1987 66
6 Loy Yang B Act 1992 66
7 Planning and Environment Act 1987 66
8 Urban Renewal Authority Victoria Act 2003 66
9 Victorian Civil and Administrative Tribunal Act1998 67
11K Definitions 67
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Endnotes 69
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571327B.I-7/5/2013 BILL LA INTRODUCTION 7/5/2013
Clause Page
Introduced in the Assembly
Building and Planning Legislation Amendment (Governance and Other Matters) Bill 2013
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571327B.I-7/5/2013 BILL LA INTRODUCTION 7/5/2013
Clause Page
A Bill for an Act to amend the Building Act 1993 to establish the Victorian Building Authority, to improve generally the regulation of building practitioners and plumbers, to amend the Architects Act 1991 and other Acts, and to amend the Planning and Environment Amendment (General) Act 2013 and for other purposes.
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571327B.I-7/5/2013 BILL LA INTRODUCTION 7/5/2013
Clause Page
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571327B.I-7/5/2013 BILL LA INTRODUCTION 7/5/2013
Building and Planning Legislation Amendment (Governance and Other Matters) Bill 2013
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571327B.I-7/5/2013 BILL LA INTRODUCTION 7/5/2013
Building and Planning Legislation Amendment (Governance and Other Matters) Bill 2013
The Parliament of Victoria enacts:
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571327B.I-7/5/2013 BILL LA INTRODUCTION 7/5/2013
Building and Planning Legislation Amendment (Governance and Other Matters) Bill 2013
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Building Act 1993—
(i) to establish the Victorian Building Authority; and
(ii) to improve generally the regulation of building practitioners and plumbers; and
(b) to amend the Architects Act 1991—
(i) to require the Architects Registration Board of Victoria to provide advice to the Minister; and
(ii) to simplify the process of making regulations; and
(c) to amend the Planning and Environment Amendment (General) Act 2013 to make further provision in relation to the parties to a proceeding for review under the Planning and Environment Act 1987.
2 Commencement
s. 2
This Act comes into operation on 1 July 2013.
______
Part 2—Amendments to Building Act 1993
Division 1—Amendments to governance provisions
3 New definitions
s. 3
See:
Act No.
126/1993.
Reprint No. 9
as at
25 October 2011
and amending
Act Nos
9/2012, 17/2012 and 21/2012.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Building Act 1993—
(a) insert the following definitions—
"Authority means the Victorian Building Authority established under section193;
Chief Commissioner means the person appointed to the VBA Board as Chief Commissioner;
chief executive officer means the chief executive officer of the Authority;
Plumbing Advisory Council means the Plumbing Advisory Council under Part12;
VBA Board means the Victorian Building Authority Board established under section 200.";
(b) for the definition of Commissioner substitute—
"Commissioner means the Chief Commissioner, the Deputy Chief Commissioner or a Commissioner appointed to the VBA Board;".
4 Division 2 of Part 12 substituted
s. 4
For Division 2 of Part 12 of the Building Act 1993 substitute—
"Division 2—Victorian Building Authority
Subdivision 1—Establishment
193 Establishment of Authority
The Victorian Building Authority is established.
194 Authority is a body corporate
(1) The Authority—
(a) is a body corporate with perpetual succession; and
(b) has an official seal; and
(c) may sue and be sued; and
(d) may acquire, hold and dispose of real and personal property; and
(e) may do and suffer all acts and things that a body corporate may by law do and suffer.
(2) The official seal of the Authority—
(a) must be kept in the custody that the Authority directs; and
(b) must not be used except as authorised by the Authority.
(3) All courts and persons acting judicially must—
(a) take judicial notice of the official seal of the Authority affixed to any document; and
(b) presume that the seal was duly affixed.
195 Authority accountable to Minister
(1) The Authority is subject to the direction and control of the Minister. Those directions may be general or specific.
(2) In giving a direction under subsection (1), the Minister may have regard to any advice of the Building Advisory Council or the Plumbing Advisory Council.
(3) The Authority must give the Minister any information and assistance that the Minister requires and the Authority is able to give.
196 Authority to comply with certain directions by gas safety Minister
s. 4
(1) The Minister administering the Gas Safety Act 1997 may give the Authority written directions in relation to the carrying out of the Authority's functions to the extent that this affects gas safety and persons carrying out gasfitting work.
(2) A direction must not be given if it affects one person only.
(3) The Authority must comply with a direction given under this section.
197 Functions of the Authority
The Authority has the following functions—
(a) to monitor and enforce compliance with this Act and the regulations;
(b) to administer the scheme under Part12A for the licensing and registration of plumbers;
(c) to participate on behalf of Victoria in the development of national building standards and national plumbing standards;
(d) to monitor developments relevant to the regulation of building standards and plumbing standards in Victoria;
(e) to promote the maintenance of adequate levels of competence among plumbers;
(f) to provide information (including to consumers) on matters relating to—
(i) building standards and plumbing standards; and
(ii) the regulation of buildings, building work and building practitioners; and
(iii) the regulation of plumbing work and plumbers;
s. 4
(g) to provide information and training to assist persons and bodies in carrying out functions under this Act or the regulations;
(h) to promote the resolution of consumer complaints about work carried out by builders and plumbers;
(i) to conduct or promote research relating to the regulation of the building industry and the plumbing industry in Victoria and to report on the outcomes of this research in its report of operations under the Financial Management Act 1994;
(j) to monitor the system of collection of the building permit levy;
(k) to charge and collect fees (determined in accordance with this Act and the regulations) for information and training services provided by the Authority;
(l) to administer the Victorian Building Authority Fund;
(m) to advise the Minister on the carrying out of the Authority's functions under this Act and on any other matter referred to it by the Minister;
(n) to carry out any other function conferred on the Authority by or under this or any other Act or under any agreement to which the State is a party.
198 General powers of the Authority
s. 4
The Authority may do all things necessary or convenient to enable it to carry out its functions.
199 Delegation
The Authority may by instrument delegate to any person any of its functions except the Authority's powers under sections 205L and205M and this power of delegation.
Subdivision 2—VBA Board and staff of the Authority
200 Victorian Building Authority Board
(1) The Authority has a governing body known as the Victorian Building Authority Board.
(2) The VBA Board consists of—
(a) a Chief Commissioner who is to be chairperson of the Board; and
(b) a Deputy Chief Commissioner who is to be deputy chairperson of the Board; and
(c) at least three other Commissioners.
(3) The VBA Board—
(a) is responsible for the governance and strategic management of the Authority; and
(b) may carry out the functions of the Authority.
(4) All acts and things done in the name of, or on behalf of, the Authority by or with the authority of the VBA Board are taken to have been done by the Authority.
201 Appointment of Commissioners to VBA Board
s. 4
(1) Each Commissioner is to be appointed by the Governor in Council on the recommendation of the Minister.
(2) The Minister must, so far as is practicable, ensure that the Commissioners appointed have between them skills, experience and knowledge in relation to building, plumbing, architecture, the interests of consumers, dispute resolution, insurance, law, financial management, public administration and the administration of regulatory regimes.
(3) The Minister must recommend for appointment a person nominated by the Minister responsible for administering the Domestic Building Contracts Act 1995.
(4) The Minister must recommend for appointment a person nominated by the Minister responsible for administering the Victorian Managed Insurance Authority Act 1996.
(5) A Commissioner who was, immediately before being appointed, a member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, continues to be a member of that superannuation scheme subject to the Act under which the scheme was created.
202 Application of Schedule 3
Part 1 and clauses 9, 10 and 11 of Schedule 3 apply in relation to the VBA Board.
203 Chief executive officer
s. 4
(1) The Authority may, with the approval of the Minister, appoint a person as the chief executive officer of the Authority.