Northern Territory Numbered Regulations

BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK DISPUTES) REGULATIONS (NO 43 OF 2012)

TABLE OF PROVISIONS

CHAPTER 1--INTRODUCTION

   PART 1.1--PRELIMINARY MATTERS

   1.      Citation  
   2.      Commencement  
   3.      Application to public authority residential building work  

   PART 1.2--INTERPRETATION

           Division 1--Defined terms

   4.      Definitions  

           Division 2--Important concepts

   5.      Residential building work for mediation or conciliation application  
   6.      Residential building work for other applications  
   7.      Effective period for consumer guarantees  
   8.      Contravention of consumer guarantees  
   9.      Non-structural defects and structural defects  

CHAPTER 2--APPLICATIONS TO COMMISSIONER

   PART 2.1--MAKING APPLICATIONS AND DECISIONS ABOUT ACCEPTANCE

           Division 1--Procedures for mediation or conciliation application

   10.     Mediation or conciliation application  
   11.     Making mediation or conciliation application  
   12.     Consideration of mediation or conciliation application and acceptance  
   13.     Decision to reject mediation or conciliation application  

           Division 2--Procedures for technical inspection application

   14.     Technical inspection application  
   15.     Making technical inspection application  
   16.     Consideration of technical inspection application and acceptance  
   17.     Decision to reject technical inspection application  

           Division 3--Procedures for consumer guarantee dispute application

   18.     Specified circumstance for consumer guarantee dispute application  
   19.     Making consumer guarantee dispute application  
   20.     Decision whether to accept consumer guarantee dispute application  
   21.     Decision to reject consumer guarantee dispute application  

   PART 2.2--PROCEDURES FOR CONSUMER GUARANTEE DISPUTE APPLICATIONS ACCEPTED BY COMMISSIONER

           Division 1--Procedures before making dispute decision

   22.     Assistance to locate respondent  
   23.     Procedure after acceptance of application  
   24.     Response to application  
   25.     Procedure if response given  
   26.     Failure to give response  
   27.     Conducting proceeding  
   28.     Directions hearing  
   29.     Conducting hearing  
   30.     Evidence at hearing  
   31.     Referrals to Tribunal  

           Division 2--Making dispute decision

   32.     Dispute decisions generally  
   33.     Orders relating to non-completion of work  
   34.     Orders relating to defective work  
   35.     Compliance period and order to notify compliance  
   36.     Appeal to Tribunal  
   37.     Publication of dispute decision  
   38.     No liability for publication of report in good faith  

   PART 2.3--NEGOTIATED AGREEMENT PROCESS

           Division 1--Preliminary conference

   39.     Application of Division  
   40.     Procedure for mediation or conciliation application  
   41.     Facilitating preliminary conference for any application  
   42.     Purpose of preliminary conference and role of convenor  

           Division 2--Mediation conference and conciliation conference

   43.     Facilitating mediation conference or conciliation conference  
   44.     Purpose of mediation conference and role of convenor  
   45.     Purpose of conciliation conference and role of convenor  

           Division 3--General provisions

   46.     Convenor for conference  
   47.     Attendance at conference  
   48.     Place for holding conference  
   49.     Conference not open to public  
   50.     Record of conference and outcomes  
   51.     Effect of agreement and related decision  
   52.     Effect if no agreement reached  
   53.     Restriction on evidence  
   54.     Confidentiality  

   PART 2.4--TECHNICAL INSPECTION AND TECHNICAL REPORT

           Division 1--Appointment of qualified person and technical inspection

   55.     Appointment of qualified person  
   56.     Entry to conduct technical inspection and presence of parties  
   57.     Conducting technical inspection  
   58.     Additional defective work found during technical inspection  
   59.     Obtaining additional expert investigation and report  
   60.     Notice to building certifier  
   61.     Offences relating to technical inspection  

           Division 2--Technical report by qualified person

   62.     Giving technical report to Commissioner  
   63.     Giving technical report and notice to parties  
   64.     Technical inspection application other than for consumer guarantee dispute application  
   65.     Technical inspection application made for consumer guarantee dispute application  

   PART 2.5--GENERAL PROCEDURES FOR ALL APPLICATIONS

   66.     Lodgment and fees  
   67.     General conduct of proceeding  
   68.     Representation of party  
   69.     Power to amend where defect or error in form  
   70.     Effect of non-compliance with procedures  
   71.     Withdrawal of application  
   72.     Costs  
   73.     Contempt  

CHAPTER 3--PROCEEDINGS BEFORE TRIBUNAL

   PART 3.1--REVIEWS OF COMMISSIONER'S DECISIONS

   74.     Reviewable decision and affected person  
   75.     Review notice  
   76.     Application for review  
   77.     Operation and implementation of decision pending review  
   78.     Review procedure  
   79.     Decision on review  

   PART 3.2--APPEALS AGAINST DISPUTE DECISIONS

   80.     Lodging appeal and providing copies  
   81.     Operation and implementation of decision pending appeal  
   82.     Appeal procedure  
   83.     Decision on appeal  
   84.     Appeal to Supreme Court  

   PART 3.3--REFERRALS TO TRIBUNAL BY COMMISSIONER

   85.     Questions of law  
   86.     Complex proceedings  
   87.     Appeal to Supreme Court  

CHAPTER 4--ENFORCEMENT OF DECISIONS AND CONSEQUENCES OF CONTRAVENTIONS

   PART 4.1--ENFORCEMENT OF DECISIONS

   88.     Enforcement of order to pay money  
   89.     Application to Local Court for enforcement of other orders  

   PART 4.2--CONSEQUENCES OF CONTRAVENTIONS

   90.     Failure to give notice about compliance  
   91.     Offence to give false or misleading information in notice about compliance  
   92.     Disciplinary action for specified contravention of dispute decision  
   93.     Other disciplinary action for contravention of dispute decision  
   94.     Disciplinary action for contravention of Tribunal's decision  
   95.     Offence to contravene order of decision maker  

CHAPTER 5--MISCELLANEOUS MATTERS

   96.     Protection from liability  
   97.     Records of applications  
   98.     Commissioner to give notice of contraventions by builder  
           SCHEDULE 1
           SCHEDULE 2