Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013

No. 34 of 2013

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to Building Act 1993

Division 1—Amendments to governance provisions

3New definitions

4Division 2 of Part 12 substituted

Division 2—Victorian Building Authority

Subdivision 1—Establishment

193Establishment of Authority

194Authority is a body corporate

195Authority accountable to Minister

196Authority to comply with certain directions by gas
safety Minister

197Functions of the Authority

198General powers of the Authority

199Delegation

Subdivision 2—VBA Board and staff of the Authority

200Victorian Building Authority Board

201Appointment of Commissioners to VBA Board

202Application of Schedule 3

203Chief executive officer

204Authority staff

Subdivision 3—Victorian Building Authority Fund

205Establishment and structure

205APayments into Building account

205BPayments out of the Building account

205CPayments into the Plumbing account

205DPayments out of the Plumbing account

205EAuthority may invest funds

205FAuthority may engage agent in administering Victorian Building Authority Fund

Subdivision 4—Building permit levy

205GBuilding permit levy must be paid

205HBuilding permit levy in building permit process

205IDetermination and notification of levy

205JOther duties of relevant building surveyor

205KAuthority may recover unpaid levy

Subdivision 5—Specific powers of Authority relating to building surveyors

205LReferral of matters to Building Practitioners Board

205MDirections and recommendations in relation to
building surveyors

205NAuthority may act as municipal building surveyor—general

205OEffect of Authority acting as municipal building surveyor

205PAuthority as relevant building surveyor for certain occupancy permits

205QBuilding surveyor not to carry out function

205RMinister's guidelines apply to applications to
Authority

5Membership of Building Advisory Council

6New Division 4A of Part 12 inserted

Division 4A—Plumbing Advisory Council

211AEstablishment of Council

211BMembership and procedure

211CFunctions

7New sections 259B and 259C inserted

259BAuthority may provide information to the Director of Consumer Affairs Victoria

259CAuthority may disclose cooling tower information

Division 2—Building practitioner registration and plumber
licensing and registration

8New section 25J inserted

25JReview by VCAT

9Police record checks—building practitioners

169APolice record check on applicant

10Powers of Building Practitioners Board

11New Division 2A inserted in Part 11

Division 2A—Review of decisions

182AReview by VCAT

12Police record checks—plumbers

221VAPolice record check on applicant

Part 3—Amendments to Architects Act 1991

13Architects Registration Board to advise Minister

14Regulations

Part 4—Transitional and Savings Provisions and Consequential Amendments

Division 1—Transitional and savings provisions

15New section 272 inserted

272Transitional and savings provisions—Building and Planning Legislation Amendment (Governance
and Other Matters) Act 2013

16New Schedule 7 inserted—Transitional and savings provisions

SCHEDULE 7—Transitional and Savings provisions
relating to the Building and Planning Legislation Amendment (Governance
and Other Matters) Act2013

PART 1—PRELIMINARY

1Definitions

PART 2—BUILDING COMMISSION

2Building Commission

3Superseded references

4Building Advisory Council

5Building Regulations Advisory Committee

6Transfer of staff

7Immunity of former Commissioners and staff

8Building Administration Fund

9Inquiries by Building Practitioners Board—new decisions

10Building practitioner appeals

PART 3—PLUMBING INDUSTRY COMMISSION

11Plumbing Industry Commission

12Superseded references

13Plumbing Advisory Council

14Registrar of Plumbing Industry Commission

15Superseded references

16Transfer of staff

17Immunity of former Commissioners and staff

18Plumbing fund

PART 4—MISCELLANEOUS

19Appointment of first chief executive officer of
Authority

20Registrar of Titles to amend Register

Division 2—Consequential amendments to Building Act1993

17Definitions

18Building permit levy in building permit process

19References to building permit levy

20Immunity of Commissioners and Authority staff

21Section 143 repealed

22Membership of bodies

23References to Building Administration Fund

24Building practitioner appeals

25Performance auditors

26Amendments to Part 12A

27Registrar

28Divisions 9 and 9A of Part 12A repealed

29Section 221ZZZR repealed

30Section 221ZZZS repealed

31Authorised persons

32Who may prosecute or bring other proceedings

33Improper use of information

34Schedule 1—Further consequential amendments to Building Act1993

Division 3—Consequential amendments to other Acts

35Schedule 2—Consequential amendments to other Acts

Part 5—Amendment to Planning and
Environment Amendment (General) Act 2013

36Section 33 substituted

33Parties to review

Part 6—Repeal of Amending Act

37Repeal of amending Act

______

SCHEDULES

SCHEDULE 1—Further Consequential Amendments to Building Act1993

SCHEDULE 2—Consequential Amendments to Other Acts

1Building and Construction Industry Security of Payment Act2002

2Domestic Building Contracts Act 1995

3Electricity Industry (Residual Provisions) Act 1993

4Gas Safety Act 1997

5House Contracts Guarantee Act 1987

6Loy Yang B Act 1992

7Planning and Environment Act 1987

8Urban Renewal Authority Victoria Act 2003

9Victorian Civil and Administrative Tribunal Act1998

11KDefinitions

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013[†]

No. 34 of 2013

[Assented to 18 June 2013]

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
No. 34 of 2013

The Parliament of Victoriaenacts:

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013
No. 34 of 2013

Part 1—Preliminary

1Purposes

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 Planningand 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.

2Commencement

s. 2

This Act comes into operation on 1 July 2013.

______

Part 2—Amendmentsto Building Act 1993

Division 1—Amendments to governance provisions

3New 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 Commissionermeans 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 Commissionersubstitute—

"Commissioner means the Chief Commissioner, the Deputy Chief Commissioner or a Commissioner appointed to the VBA Board;".

4Division 2 of Part 12 substituted

s. 4

For Division 2 of Part 12 of the Building Act 1993substitute—

"Division 2—Victorian Building Authority

Subdivision 1—Establishment

193Establishment of Authority

The Victorian Building Authority is established.

194Authority 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)mustbe kept in the custody that the Authority directs; and

(b)mustnot 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.

195Authority 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.

196Authority 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.

197Functions 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) toprovide information (including to consumers) on matters relating to—

(i) building standards and plumbing standards; and

(ii)the regulation of buildings, building workand 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 Victoriaand 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 AuthorityFund;

(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.

198General powers of the Authority

s. 4

The Authority may do all things necessary or convenient to enable it to carry out its functions.

199Delegation

The Authority may by instrument delegate to any person any of its functionsexcept the Authority's powers under sections 205L and205M and this power of delegation.

Subdivision 2—VBA Board and staff of the Authority

200Victorian 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.

201Appointment 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 andknowledge 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.

202Application of Schedule 3

Part 1 and clauses 9, 10 and 11 of Schedule 3 apply in relation to the VBA Board.

203Chief 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.

(2)The chief executive officer is responsible to the VBA Board for the day to day management of the Authority.

(3) The chief executive officer holds office on the terms and conditions determined by the Authority with the approval of the Minister.

(4) The chief executive officer must not engage in paid employment outside the office of chief executive officer without the permission of the Authority.

(5) If the chief executive officer was, immediately before being appointed, a member of a statutory superannuation scheme within the meaning of the Superannuation (Public Sector) Act 1992, the chief executive officer continues to be a member of that superannuation scheme subject to the Act under which the scheme was created.

(6) The Authority must not appoint as chief executive officer a person who is a Commissioner or a member of the Building Appeals Board, the Building Practitioners Board, the Building Advisory Council, the Building Regulations Advisory Committee or the Plumbing Advisory Council.

(7) The Authority may remove the chief executive officer from office with the approval of the Minister.

204Authority staff

s. 4

(1)The Authority may appoint or engage—

(a)a Registrar of the Victorian Building Authority; and

(b) a Registrar of the Building Appeals Board; and

(d) as many other persons as are required to enable the Authority to carry out its functions.

(2)The Authority may engage a person—

(a)as an employeeof the Authority; or

(b)as a contractor or consultant; or

(c)under a secondment or other arrangement for the services of persons employed under Part 3 of the Public Administration Act 2004.

(3) A person who was, immediately before being engaged as an employee by the Authority, 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.

Subdivision3—Victorian Building Authority Fund

205Establishment and structure

(1)The Authority must establish and administer a fund to be known as the Victorian Building AuthorityFund.

(2)The Victorian Building AuthorityFund is to be divided into—

(a)theBuilding account; and

(b)thePlumbing account.

(3)The Building account is to be divided into the following accounts—

(a)buildinggeneral account;

(b)building permit levy account;

(c)domestic building account;

(d) domestic building dispute account.

205A Payments into Building account

s. 4

(1)There must be paid into the Building account—

(a) all money received or recovered by or on behalf of or paid to the Minister under this Act and the regulations; and

(b) all money received or recovered by or on behalf of,or paid to,the Authority under this Act and the regulations or under any other Act or regulations (other than money required by section 205C(a) to be paid into the Plumbing account); and

(c) any amounts received by a municipal building surveyor or private building surveyor on account of the building permit levy; and

(d) any fees or fines received or recovered by or on behalf of the Building Practitioners Board; and

(e) any costs or fees received by or on behalf of the Building Appeals Board; and

(f) income from the investment of the Building account; and

(g) money appropriated by Parliament for the purposes of the Building account; and

(h) any other money required or authorised by or under this or any other Act to be paid into the Victorian Building AuthorityFund.

s. 4

(2) Amounts paid into the Building account on account of the building permit levy payable under section 205G(1) must be credited to the building permit levy account.

(3) Amounts paid into the Building account that are fees or fines received or recovered by or on behalf of the Building Practitioners Board in relation to the registration or discipline of building practitioners engaged in domestic building work must be credited to the domestic building account.

(4) Amounts paid into the Building account on account of the building permit levy payable under section 205G(2) must be credited to the domestic building dispute account.

(5) Other amounts paid into the Building account must be credited to the building general account.

205BPayments out of the Building account

(1)Subject to subsection (2), there must be paid out of the Building account—

(a)any amounts required to enable the Authority to carry out its functions; and

(b)any amounts authorised by the Minister to be paid for a purpose relating to the building industry and approved by the Minister; and

(c) any costs and expenses incurred by the Authority in administering or enforcing this Act or the regulations, including, but not limited to—

s. 4

(i) the remuneration and allowances of the Commissioners; and

(ii)the remuneration and allowances of members of the Building Appeals Board, the Building Practitioners Board, the Building Advisory Council and the Building Regulations Advisory Committee; and

(iii) the costs incurred in appointing or engaging any person for the purposes of this Act or the regulations; and

(d) in accordance with subsection (4), any costs and expenses incurred in the administration of the Domestic Building Contracts Act 1995 or the regulations under that Act, including, but not limited to, the costs and expenses of the Victorian Civil and Administrative Appeals Tribunal in relation to proceedings under that Act; and

(e) any other amounts authorised to be paid out of the Building account by or under this or any other Act.

(2)Subsection (1) does not apply to any purpose for which amounts are required to be paid out of the Plumbing account under section205D.

(3) Amounts paid out of the Building account may be paid—

(a)out of the building general account or the building permit levy account as the Authority considers appropriate; or

s. 4

(b)out of the domestic building account in accordance with subsection (4), if authorised by the Minister and the Minister administering the Domestic Building Contracts Act 1995; or

(4) Amounts may be paid out of the domestic building account towards—

(a)the costs and expenses referred to in subsection (1)(c) to the extent that they relate to the registration or discipline of a builder engaged in domestic building work; and

(b)the costs and expenses referred to in subsection (1)(d).

(5) Amounts may be paid out of the domestic building dispute account to the Domestic Builders Fund established under the Domestic Building Contracts Act 1995 and to the building permit levy account in the proportions determined from time to time by the Minister administering the Domestic Building Contracts Act 1995.

205C Payments into the Plumbing account

s. 4

There must be paid into the Plumbing account—

(a) all money received or recovered by or on behalf of,or paid, to the Authority under Part 12A or the regulations under that Part or in the enforcement of that Part or those regulations; and

(b) income from the investment of the Plumbing account; and