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Building Legislation Amendment Act 2023
No. of 2023
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
Part 2--Amendment of the Building Act 1993 in relation to
appointment of State Building Surveyor 4
3 Definitions and interpretation 4
4 Application of new building regulations or binding
determinations to building work 6
5 Various offences relating to carrying out building work 7
6 Refusal of building permit 7
7 Application and effect of building regulations 7
8 Modification of building regulations 8
9 Application for determination in respect of building design 8
10 Application for modification of building regulations relating to
access for persons with disabilities 8
11 Grounds for disciplinary action 9
12 Grounds for disciplinary action 9
13 Chief executive officer 9
14 New Division 3 inserted in Part 12 9
15 Authority may resolve disputes concerning interpretation of
plumbing regulations 16
16 Modification of plumbing regulations 16
17 Grounds on which disciplinary action may be taken 16
Part 3--Amendment of the Building Act 1993 in relation to
appointment of Building Monitor 17
Division 1--Amendment of the Building Act 1993 17
18 Definitions 17
19 Objectives of Act 18
20 New section 127AA inserted 18
21 Offence for owner-builder to sell building without report or
insurance 19
22 Modification of building regulations 19
23 Functions of the Authority 19
24 Appointment of State Building Surveyor 19
i
Clause Page
25 New Division 3A inserted in Part 12 20
26 Information sharing arrangements 37
27 Membership and procedure 37
28 Membership and procedure 37
Division 2--Consequential amendments to other Acts 38
29 Amendment of the Domestic Building Contracts Act 1995 38
30 Amendment of the Victorian Civil and Administrative Tribunal
Act 1998 38
Part 4--Further amendments to the Building Act 1993 and other
Acts 40
Division 1--Amendment of the Building Act 1993 40
31 Definitions 40
32 New section 17A inserted 41
33 Notice to Secretary to Department 42
34 Requirement for occupancy permit 42
35 Refusal of building permit 43
36 New sections 41A and 41B inserted 43
37 Refusal of occupancy permit 44
38 New sections 44A to 44D inserted 45
39 Functions of private building surveyor 46
40 New section 128A inserted 47
41 New section 169D substituted for sections 169D and 169E 47
42 Offence to carry out domestic building work under a major
domestic building contract 49
43 Delegation of Minister's functions 50
44 Functions of the Authority 50
45 Section 199 substituted 50
46 Payments out of the Cladding Safety Victoria account 51
47 Section 259AB substituted 52
48 General regulation-making powers 58
49 New sections 285 and 286 inserted 59
50 Schedule 2--Procedures for building permits and occupancy
permits 63
51 Statute law revision amendment 64
Division 2--Consequential amendments to other Acts 64
52 Amendment of the Domestic Building Contracts Act 1995 64
53 Amendment of the Building and Construction Industry Security
of Payment Act 2002 64
54 Amendment of the Victorian Civil and Administrative Tribunal
Act 1998 64
55 Amendment of the Owners Corporations Act 2006 65
56 Amendment of the Sale of Land Act 1962 65
57 Amendment of the Cladding Safety Victoria Act 2020 66
ii
Clause Page
Part 5--Amendment of the Architects Act 1991 67
58 Appointment of panel 67
59 Section 22 substituted 67
60 Section 47 substituted 67
61 Section 48 repealed 68
62 Terms of appointment 68
63 Remuneration 68
64 Vacancies 69
65 Chairperson 69
66 Deputy Chairperson 69
67 Procedure of Board 70
68 New section 57B inserted 70
69 New Division 4 inserted in Part 10 72
Part 6--Repeal of this Act 75
70 Repeal of this Act 75
═════════════
Endnotes 76
1 General information 76
iii
Building Legislation Amendment
Act 2023
No. of 2023
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purposes of this Act are--
(a) to amend the Building Act 1993--
(i) to provide for the appointment of a
State Building Surveyor; and
(ii) to provide for the appointment of a
Building Monitor; and
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Building Legislation Amendment Act 2023
No. of 2023
Part 1--Preliminary
(iii) to provide further in relation to the
sharing of information and data; and
(iv) to provide for changes to categories of
building practitioner; and
(v) to insert an offence relating to building
practitioners; and
(vi) to require that relevant building
surveyors give certain information to
persons to whom building permits are
issued; and
(vii) to provide for building manuals to be
prepared and updated by owners and
updated by owners corporations in
respect of certain buildings; and
(viii) to provide for additional purposes for
which money may be paid out of the
Cladding Safety Victoria account; and
(ix) to make changes to the delegation
powers of the Victorian Building
Authority; and
(x) to make other consequential and
miscellaneous amendments; and
(b) to amend the Architects Act 1991 to make
changes to the governance and procedures of
the Architects Registration Board of
Victoria; and
(c) to amend the Domestic Building Contracts
Act 1995 in relation to the disclosure and
sharing of information and data by
conciliation officers under that Act; and
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No. of 2023
Part 1--Preliminary
(d) to amend the Building and Construction
Industry Security of Payment Act 2002 in
relation to the disclosure of information
under that Act; and
(e) to amend the Victorian Civil and
Administrative Tribunal Act 1998 in
relation to the disclosure and sharing of
information and data under that Act; and
(f) to amend the Sale of Land Act 1962 to
insert an offence relating to the provision of
an approved building manual to a purchaser
of land; and
(g) to amend the Owners Corporations
Act 2006 in relation to the provision of an
approved building manual at the first
meeting of an owners corporation; and
(h) to amend the Cladding Safety Victoria
Act 2020 to make consequential
amendments.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 February 2024, it comes into
operation on that day.
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No. of 2023
Part 2--Amendment of the Building Act 1993 in relation to appointment of
State Building Surveyor
Part 2--Amendment of the Building
Act 1993 in relation to appointment of State
Building Surveyor
3 Definitions and interpretation
(1) In the heading to section 3 of the Building
Act 1993, after "Definitions" insert
"and interpretation".
(2) In section 3(1) of the Building Act 1993 insert
the following definitions--
"Architects Registration Board of Victoria has
the same meaning as in the Architects
Act 1991;
binding determination means a determination
issued under section 206E by the State
Building Surveyor;
building system includes the building and
plumbing industries and the building system
regulators;
building system regulators includes all of the
following--
(a) the Authority;
(b) relevant building surveyors;
(c) municipal building surveyors;
(d) plumbing inspectors appointed under
section 221ZZY;
(e) councils;
(f) the Building Appeals Board;
(g) the Architects Registration Board of
Victoria;
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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(h) the Building Regulations Advisory
Committee;
(i) the Plumbing Advisory Council;
(j) the Business Licensing Authority;
(k) the Director of Consumer Affairs
Victoria;
(l) Cladding Safety Victoria;
(m) Energy Safe Victoria;
Business Licensing Authority has the same
meaning as in the Business Licensing
Authority Act 1998;
chief dispute resolution officer has the same
meaning as in the Domestic Building
Contracts Act 1995;
Cladding Safety Victoria has the same meaning as
in the Cladding Safety Victoria Act 2020;
Director of Consumer Affairs Victoria means the
person who, for the time being, is employed
as Director of Consumer Affairs Victoria
under the Public Administration Act 2004;
plumbing laws has the same meaning as in
section 221B;
State Building Surveyor means the person
appointed under section 206(1) as the State
Building Surveyor;".
(3) After section 3(3) of the Building Act 1993
insert--
'(4) Any reference in this Act to building work or
plumbing work having to be carried out or
completed in accordance with, or having to
comply with, or not being in breach of, the
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
State Building Surveyor
following laws relating to building work and
plumbing work is taken to include a
reference to that building work or plumbing
work having to be carried out or completed
in accordance with, or to comply with, or to
not be in breach of, a provision of those laws
as interpreted by any binding determination
that applies to that provision--
(a) "this Act";
(b) "the building regulations";
(c) "the plumbing laws";
(d) "the regulations made under Part 12A
of this Act".'.
4 Application of new building regulations or binding
determinations to building work
(1) Insert the following heading to section 10 of the
Building Act 1993--
"Application of new building regulations or
binding determinations to building work".
(2) In section 10(1) of the Building Act 1993--
(a) after "to a building regulation" insert "or a
binding determination that applies to a
building regulation";
(b) after "commences" insert "or the binding
determination comes into effect".
(3) In section 10(2) of the Building Act 1993--
(a) after "to a building regulation" insert "or a
binding determination that applies to a
building regulation";
(b) after "commenced" insert "or the binding
determination came into effect".
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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(4) In section 10(3) of the Building Act 1993, after
"amendment" insert "or binding determination".
(5) In section 10(4) of the Building Act 1993, after
"to a building regulation," insert "or a binding
determination,".
5 Various offences relating to carrying out building
work
(1) In section 16(2) of the Building Act 1993, after
"that work" insert "and any binding determination
that applies to the carrying out of that work".
(2) In section 16(4A) of the Building Act 1993, for
"and the building permit" substitute ", the
building permit and any binding determination
that applies to the carrying out of that work".
(3) In section 16B(3) of the Building Act 1993--
(a) in paragraph (c), for "that work." substitute
"that work; or";
(b) after paragraph (c) insert--
"(d) any binding determination that applies
to the carrying out of that work.".
6 Refusal of building permit
In section 24(1)(a) of the Building Act 1993, for
"Act and the building regulations" substitute
"Act, the building regulations and any binding
determination that applies to the carrying out of
that building work".
7 Application and effect of building regulations
In section 157(b) of the Building Act 1993, after
"building regulations" (where secondly occurring)
insert ", including any binding determination that
applies to that provision,".
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8 Modification of building regulations
After section 160(4) of the Building Act 1993
insert--
"(5) A determination made by the Building
Appeals Board under subsection (2)(b) in
relation to a provision of the building
regulations must not be inconsistent with any
binding determination that applies to that
provision.".
9 Application for determination in respect of building
design
(1) In section 160A(1) of the Building Act 1993--
(a) after "complies with" insert "a provision of";
(b) for "in" substitute "by a provision of".
(2) After section 160A(2) of the Building Act 1993
insert--
"(3) A determination made by the Building
Appeals Board under subsection (1) in
relation to a provision of this Act, the
building regulations or any document
applied, adopted or incorporated by a
provision of the building regulations must
not be inconsistent with any binding
determination that applies to that provision.".
10 Application for modification of building regulations
relating to access for persons with disabilities
After section 160B(6) of the Building Act 1993
insert--
"(6A) A determination of the Building Appeals
Board made under subsection (1)(b) in
relation to an access provision of the
building regulations must not be inconsistent
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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with any binding determination that applies
to that provision.".
11 Grounds for disciplinary action
For section 179(1)(a)(i) of the Building Act 1993
substitute--
"(i) a provision of this Act or the regulations
including any binding determination that
applies to that provision; or".
12 Grounds for disciplinary action
For section 187R(1)(a)(i) of the Building
Act 1993 substitute--
"(i) a provision of this Act or the regulations
including any binding determination that
applies to that provision; or".
13 Chief executive officer
In section 203(6) of the Building Act 1993, for
"or the Plumbing Advisory Council" substitute
", the Plumbing Advisory Council or the State
Building Surveyor".
14 New Division 3 inserted in Part 12
After Division 2 of Part 12 of the Building
Act 1993 insert--
"Division 3--State Building Surveyor
206 Appointment of State Building Surveyor
(1) The Authority may, after obtaining the
written approval of the Minister, appoint a
natural person who is an employee of the
Authority as the State Building Surveyor.
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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(2) The State Building Surveyor holds office on
the terms and conditions determined by the
Authority.
(3) The State Building Surveyor is eligible for
reappointment.
(4) The State Building Surveyor must not
engage in paid employment outside the
office of the State Building Surveyor without
the permission of the Authority.
(5) The Authority must not appoint as the State
Building Surveyor a person who is--
(a) a Commissioner; or
(b) the chief executive officer; or
(c) a member of the Building Appeals
Board, the Building Regulations
Advisory Committee or the
Plumbing Advisory Council.
(6) The Authority may appoint, with the
approval of the Minister, a natural person
who is an employee of the Authority to act as
the State Building Surveyor for a period of
no more than 6 months during which--
(a) there is a vacancy in the office of the
State Building Surveyor; or
(b) the State Building Surveyor is on leave
or for any reason unable to perform
their functions.
(7) A person appointed to act as the State
Building Surveyor under subsection (6) may
perform all the functions of the State
Building Surveyor.
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
State Building Surveyor
(8) The Authority may, with the Minister's
approval, remove the person appointed as the
State Building Surveyor or the acting State
Building Surveyor from office if--
(a) the person refuses, neglects or fails to
perform the functions or carry out the
duties of the State Building Surveyor;
or
(b) the person demonstrates inefficiency or
misconduct in carrying out the
functions of the State Building
Surveyor; or
(c) the person is convicted of an indictable
offence, or an offence which, if
committed in Victoria, would be an
indictable offence; or
(d) a ground for removal of the person
under their contract of employment
with the Authority is established.
(9) An act or decision of the State Building
Surveyor is not invalid merely because of a
defect or irregularity in, or in connection
with, the appointment of the State Building
Surveyor.
(10) Subsections (2), (3), (4), (5) and (9) apply to
a person appointed as the acting State
Building Surveyor as if that person were the
State Building Surveyor.
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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206A Objectives of the State Building Surveyor
The State Building Surveyor has the
following objectives--
(a) to be a primary source of technical
expertise on the standards and
requirements for building and plumbing
work to the building and plumbing
industries and the building system
regulators to facilitate compliant
building and plumbing work and sound
building and plumbing practices;
(b) to encourage improvements to
regulatory oversight and practices
within the building system to facilitate
high quality outcomes in Victoria's
built environment;
(c) to support improvements to practices
within the building surveying
profession.
206B Functions of the State Building Surveyor
(1) The State Building Surveyor has the
following functions--
(a) to prepare and issue binding
determinations on interpreting the
standards and requirements for building
work and plumbing work that are
prescribed by this Act, the building
regulations and the plumbing laws;
(b) to provide expert technical advice and
guidance in relation to building work
and plumbing work to building
surveyors and persons involved in the
building and plumbing industries
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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including by way of publishing
guidance materials which may include
technical and educative advice;
(c) to advise the Minister in relation to
significant strategic and regulatory
issues within the building and plumbing
industries;
(d) to represent the State on bodies
developing national building and
plumbing standards and requirements;
(e) to monitor councils' delivery of their
building control functions and to
provide councils with advice and
support on the performance of those
functions;
(f) to support the delivery of the
Authority's functions by providing
technical advice relating to building
work and plumbing work to the
Authority;
(g) to engage with building system
regulators to enhance the standards and
practices within the building and
plumbing industries;
(h) to monitor developments and trends
relevant to building and plumbing
standards and building work and
plumbing work in the State to support
the delivery of the other functions of
the State Building Surveyor;
(i) to provide training and education on
technical matters relating to building
work, plumbing work and building
surveying work to building surveyors
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
State Building Surveyor
and persons and bodies involved in the
building and plumbing industries and
on the functions performed by building
surveyors;
(j) to monitor and report on the
performance of the building surveying
industry generally including on the
carrying out of the State Building
Surveyor's regulatory functions under
this Act and the regulations;
(k) to carry out any other function
conferred on the State Building
Surveyor by or under this Act or any
other Act.
(2) When performing the functions under this
section, the State Building Surveyor must
engage closely with building system
regulators and other stakeholders in the
building and plumbing industries in order to
meet the State Building Surveyor's
objectives.
206C Powers of the State Building Surveyor
Subject to this Act, the State Building
Surveyor has the power to do all things
necessary or convenient to be done for or in
connection with the performance of the State
Builder Surveyor's functions to enable the
achievement of the State Building Surveyor's
objectives under this Act.
206D Delegation powers of the State Building
Surveyor
The State Building Surveyor may, by
instrument, delegate to any person appointed
or engaged by the Authority under
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
State Building Surveyor
section 204 (other than as a consultant) any
function of the State Building Surveyor.
206E State Building Surveyor may issue
binding determinations
(1) The State Building Surveyor may issue a
binding determination on the interpretation
of a technical standard or requirement for
building work or plumbing work that is
prescribed by this Act, the building
regulations or the plumbing laws.
(2) A binding determination issued under this
section must not be inconsistent with this
Act or the regulations.
(3) The State Building Surveyor must--
(a) cause a binding determination issued
under this section to be published in the
Government Gazette and on the
Authority's website; and
(b) ensure that the binding determination
remains so published during the period
that it is in effect.
(4) A binding determination issued under this
section comes into effect on the later of the
following days--
(a) the day on which the determination is
published in the Government Gazette;
(b) any commencement day specified in
the determination.
(5) A binding determination issued under this
section expires 10 years after the day on
which it was issued.".
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Part 2--Amendment of the Building Act 1993 in relation to appointment of
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15 Authority may resolve disputes concerning
interpretation of plumbing regulations
(1) In section 221ZZN(1) of the Building Act 1993,
after "plumbing regulations" (where secondly
occurring) insert "including any binding
determination that applies to that provision".
(2) In section 221ZZN(2) of the Building Act 1993,
after "plumbing regulations" (where secondly
occurring) insert "including any binding
determination that applies to that provision".
(3) After section 221ZZN(3) of the Building
Act 1993 insert--
"(3A) An application for a declaration must be
accompanied by the fee set out in the
regulations.".
16 Modification of plumbing regulations
After section 221ZZO(1) of the Building
Act 1993 insert--
"(1A) A declaration of the Authority under this
section that a provision of the plumbing
regulations applies with specified variations
to specified plumbing work must not be
inconsistent with any binding determination
that applies to that provision.".
17 Grounds on which disciplinary action may be taken
For section 221ZZZG(1)(d) of the Building
Act 1993 substitute--
"(d) he or she has breached any requirement of a
provision of this Act or the regulations made
under this Part including any binding
determination that applies to that provision;".
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Building Legislation Amendment Act 2023
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Part 3--Amendment of the Building Act 1993 in relation to appointment of
Building Monitor
Part 3--Amendment of the Building
Act 1993 in relation to appointment of
Building Monitor
Division 1--Amendment of the Building Act 1993
18 Definitions
(1) In section 3(1) of the Building Act 1993 insert
the following definitions--
"Building Monitor means the person appointed
under section 208 as the Building Monitor;
domestic building affected party means any of the
following--
(a) a person who engages, or proposes to
engage, another person to carry out the
following work on land owned by the
person--
(i) any work on a home constructed
on that land in which the person
resides;
(ii) any work in relation to the
construction of a home on that
land in which the person intends
to reside;
(b) a person who enters into a contract to
purchase land from a person who under
the contract must engage a person to
carry out work in relation to the
construction of a home on that land in
which the first mentioned person
intends to reside;
(c) an owner of a home;
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Part 3--Amendment of the Building Act 1993 in relation to appointment of
Building Monitor
(d) an owner of a home who is affected by
any building work being carried out on
an adjoining property;
home has the same meaning that it has in the
Domestic Building Contracts Act 1995;".
(2) In section 3(1) of the Building Act 1993, in the
definition of building system regulators, after
paragraph (i) insert--
"(ia) the Building Monitor;".
19 Objectives of Act
In section 4(1) of the Building Act 1993--
(a) in paragraph (g), for "industry." substitute
"industry;";
(b) after paragraph (g) insert--
"(h) to address issues in the building system
experienced by domestic building
affected parties.".
20 New section 127AA inserted
After section 127 of the Building Act 1993
insert--
"127AA Immunity for Building Monitor and
acting Building Monitor
(1) The Building Monitor or an acting Building
Monitor is not liable for anything done or
omitted to be done in good faith--
(a) in carrying out a function under this
Act or the regulations; or
(b) in the reasonable belief that the act or
omission was in the exercise of
carrying out a function under this Act
or the regulations.
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Part 3--Amendment of the Building Act 1993 in relation to appointment of
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(2) Any liability resulting from an act or
omission that would, but for subsection (1),
attach to the Building Monitor or an acting
Building Monitor attaches instead to the
State.".
21 Offence for owner-builder to sell building without
report or insurance
In section 137B(7) of the Building Act 1993, the
definition of home is repealed.
22 Modification of building regulations
In section 160(3)(d) of the Building Act 1993,
after "authority" insert "other than the Building
Monitor".
23 Functions of the Authority
After section 197(ia)(ii) of the Building Act 1993
insert--
"(iii) to support the Building Monitor in
performing the functions of the Building
Monitor;".
24 Appointment of State Building Surveyor
After section 206(5)(a) of the Building Act 1993
insert--
"(ab) the Building Monitor; or".
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25 New Division 3A inserted in Part 12
After Division 3 of Part 12 of the Building
Act 1993 insert--
"Division 3A--Building Monitor
Subdivision 1--Definition in this
Division
207 Definition
In this Division--
information includes a document or copy of
a document.
Subdivision 2--Appointment of
Building Monitor
208 Appointment of Building Monitor
(1) The Governor in Council may, by
instrument, on the recommendation of the
Minister, appoint a natural person to the
office of the Building Monitor.
(2) Subject to this section, the Building Monitor
holds office for the term specified in the
instrument of appointment, which must not
exceed 5 years.
(3) The Building Monitor holds office on the
terms and conditions determined by the
Governor in Council and specified in the
instrument of appointment, which must not
be inconsistent with this Act.
(4) The Building Monitor is eligible for
re-appointment on one occasion.
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Part 3--Amendment of the Building Act 1993 in relation to appointment of
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(5) The Building Monitor is entitled to be paid
the remuneration and allowances determined
by the Governor in Council.
(6) The Public Administration Act 2004
(other than Part 3, except as provided by
section 16, of that Act) applies to the
Building Monitor in respect of the office of
the Building Monitor.
(7) The Building Monitor is a public entity for
the purposes of the Public Administration
Act 2004.
(8) Despite anything to the contrary in the
Financial Management Act 1994, the
Building Monitor is not a public body within
the meaning of that Act.
(9) The Building Monitor must not--
(a) directly or indirectly engage in any paid
or unpaid employment in the building
industry or the plumbing industry
outside the functions of the Building
Monitor without the prior approval of
the Minister; or
(b) be appointed to an office, or as a
member of any body established, under
this Act (other than the Building
Regulations Advisory Committee and
the Plumbing Advisory Council) or the
Domestic Building Contracts
Act 1995, the Architects Act 1991 or
the Cladding Safety Victoria
Act 2020.
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Part 3--Amendment of the Building Act 1993 in relation to appointment of
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208A Vacancy in office of Building Monitor
The office of the Building Monitor becomes
vacant if the Building Monitor--
(a) resigns by notice in writing given to the
Minister; or
(b) becomes insolvent under
administration; or
(c) is found guilty or convicted of--
(i) an indictable offence; or
(ii) an offence that, if committed in
Victoria, would be an indictable
offence; or
(d) is removed from the office.
208B Removal from office of Building Monitor
(1) The Governor in Council, on the
recommendation of the Minister, may
remove the Building Monitor from office at
any time if, in the reasonable opinion of the
Minister--
(a) the Building Monitor for any reason
refuses, neglects, fails or is unable to
carry out the functions of the office; or
(b) the Building Monitor engages in
misconduct including when carrying
out the functions of the office; or
(c) a ground for removal of the Building
Monitor specified in the instrument of
appointment has been established.
(2) If the Building Monitor is removed from the
office under this section, the Minister must
cause to be laid before each House of
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Part 3--Amendment of the Building Act 1993 in relation to appointment of
Building Monitor
Parliament a full statement of the grounds of
the removal within 10 sitting days of that
House after the removal.
208C Acting Building Monitor
(1) The Governor in Council may, by
instrument, appoint a person to act in the
office of the Building Monitor for a period
not exceeding 6 months--
(a) during a vacancy in the office; or
(b) during any period when the Building
Monitor is absent or is, for any other
reason, unable to perform the functions
of the office.
(2) Subject to subsection (3), the Minister may,
by instrument, appoint a person to act in the
office of Building Monitor for a period not
exceeding one month--
(a) during a vacancy in that office; or
(b) during any period when the Building
Monitor is absent or is, for any other
reason, unable to perform the functions
of the office.
(3) The Minister may not appoint a person to act
in the office of the Building Monitor under
subsection (2) for consecutive periods of
time.
(4) A period of appointment under this section
must be specified in the instrument of
appointment.
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(5) A person appointed to act in the office of the
Building Monitor under this section may
perform all the functions of the Building
Monitor.
(6) Sections 208(3) and (5) to (9) and 208D
apply to a person appointed to act as the
Building Monitor as if that person were the
Building Monitor.
208D Validity of decisions of Building Monitor
An act or decision of the Building Monitor is
not invalid merely because of a defect or
irregularity in, or in connection with, the
appointment of the Building Monitor.
Subdivision 3--Objectives, functions
and general powers of Building Monitor
208E Objectives of the Building Monitor
The objectives of the Building Monitor are--
(a) to improve domestic building affected
parties' experiences of the building
system by advocating for their interests
at a systemic level and providing
independent expert advice to the
Minister and to persons and bodies
involved in the building system; and
(b) to create a central point for the
identification of critical and systemic
issues that affect domestic building
affected parties; and
(c) to empower domestic building affected
parties by promoting awareness of
systemic issues that relate to the
building industry, the plumbing
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industry and building system regulators
and options to address any such issues.
208F Functions of the Building Monitor
The functions of the Building Monitor are--
(a) to advise and make recommendations
to the Minister on systemic issues and
risks that affect domestic building
affected parties; and
(b) to report on research conducted on the
nature of specific systemic issues that
affect domestic building affected
parties; and
(c) to advocate on behalf of domestic
building affected parties as a cohort at a
system-wide level on issues or matters
affecting domestic building affected
parties that require reform; and
(d) to collect and analyse information and
data on the systemic issues that affect
domestic building affected parties; and
(e) to monitor improvements to domestic
building affected parties' experiences as
a result of legislative reform; and
(f) to develop and promote educational
materials and strategies in order to
reduce consequences for domestic
building affected parties; and
(g) to engage with all relevant persons and
bodies involved in or performing
functions in the building system; and
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(h) to support any work that assists in the
achievement of the Building Monitor's
objectives; and
(i) to carry out any other function
conferred on the Building Monitor
under this Act.
208G General powers of the Building Monitor
(1) Subject to this Act, the Building Monitor has
power to do all things necessary or
convenient to be done for or in connection
with the performance of the Building
Monitor's functions and to enable the
Building Monitor to achieve the objectives
of the Building Monitor under this Act.
(2) In exercising the Building Monitor's powers,
the Building Monitor must comply with any
relevant requirements specified by or under
any other Act.
208H Staff
The Building Monitor may enter into
agreements or arrangements for the use of
the services of any staff or contractors of the
Department for the purposes of carrying out
the Building Monitor's functions under this
Act.
208I Delegation
The Building Monitor may, by instrument,
delegate any function, power or duty of the
Building Monitor to a person employed by
the Secretary to the Department under Part 3
of the Public Administration Act 2004.
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Subdivision 4--Strategic plan
208J Building Monitor must implement a
strategic plan
(1) The Building Monitor must--
(a) within 4 months after being appointed
for the first time, prepare a strategic
plan for the term for which the Building
Monitor has been appointed and submit
the plan to the Minister for approval;
and
(b) if appointed for a second time, within
6 months after the appointment, prepare
a strategic plan for the term for which
the Building Monitor has been
appointed and submit the plan to the
Minister for approval.
(2) A strategic plan prepared under
subsection (1) must contain the following--
(a) a vision statement;
(b) a mission statement;
(c) the values of the Building Monitor;
(d) a description of strategic initiatives to
be taken by the Building Monitor to
enable the Building Monitor to meet the
Building Monitor's objectives;
(e) information on how the Building
Monitor intends to evaluate whether the
objectives of the Building Monitor are
met;
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(f) any other goals to be met, or strategies
to be taken, by the Building Monitor as
required by the Minister from time to
time.
(3) The Minister may--
(a) approve a strategic plan submitted
under subsection (1); or
(b) ask the Building Monitor to re-submit
an amended strategic plan.
(4) On approval of a strategic plan by the
Minister, the Building Monitor must publish
the strategic plan on the Building Monitor's
website.
(5) Despite subsection (1), a strategic plan
approved by the Minister remains in force
until the Minister approves a later strategic
plan.
Subdivision 5--Information gathering
powers of Building Monitor
208K Building Monitor may request
information or data from certain persons
or bodies
(1) If the Building Monitor believes on
reasonable grounds that a person or body
specified in subsection (3) has information
(including personal information) or data that
is relevant to the performance of the
functions of the Building Monitor under this
Division, the Building Monitor may, after
consulting with the person or body, give a
written notice to the person or body requiring
the person or body to provide the
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information or data specified in the notice to
the Building Monitor.
(2) A person or body referred to in
subsection (3) that receives a notice to
provide information or data under
subsection (1)--
(a) is authorised to provide the information
or data to the Building Monitor; and
(b) must provide the information or data to
the Building Monitor--
(i) within any time agreed with the
Building Monitor; and
(ii) in the format specified in the
notice or as agreed with the
Building Monitor; and
(c) must ensure that the information or data
provided is comprehensive and relevant
to the Building Monitor's request.
(3) For the purposes of subsection (1), the
persons or bodies are the following--
(a) the Authority;
(b) the Architects Registration Board of
Victoria;
(c) Cladding Safety Victoria;
(d) the chief dispute resolution officer;
(e) the Director of Consumer Affairs
Victoria;
(f) a council;
(g) the Secretary to the Department;
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(h) the Secretary to the Department of
Government Services;
(i) VCAT;
(j) any other prescribed person or body.
(4) In this section, information or data that
VCAT may be requested to provide to the
Building Monitor under subsection (1) is
limited to information or data of a class of
information or data that is prescribed for the
purposes of section 38AA of the Victorian
Civil and Administrative Tribunal
Act 1998.
208L Building Monitor must not publish certain
information or data
The Building Monitor must not publish or
authorise the publication of any personal
information or data, or commercially
sensitive information or data, that has not
first been de-identified or aggregated with
similar information or data (as the case
requires) before it is published.
208M Improper disclosure or use of information
or data
The Building Monitor or any person
assisting or acting on behalf of the Building
Monitor must not use or disclose information
(including personal information) or data
obtained in the course of performing the
functions of the Building Monitor under this
Division unless--
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(a) the use or disclosure of the information
or data is for the purposes of
performing the Building Monitor's
functions under this Act; or
(b) the information or data is shared under
an information sharing arrangement
under section 259AB; or
(c) the disclosure of the information or data
is required or permitted under another
Act.
Penalty: 60 penalty units.
Subdivision 6--Establishment of
Building Monitor Reference Group
208N Minister may establish a Building
Monitor Reference Group
(1) The Minister may establish a Building
Monitor Reference Group (the Group) which
must be comprised of not less than
5 members including the Building Monitor.
(2) The purposes of the Group are to provide
information and advice to the Building
Monitor concerning systemic issues and
other matters facing, or experienced by,
domestic building affected parties.
(3) The chair of the Group is the Building
Monitor.
(4) Subject to subsection (5), the remaining
members of the Group are to be appointed by
instrument by the Minister and must be any
one of the following persons--
(a) a domestic building affected party;
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(b) a representative of a person or body
that represents the interests of domestic
building affected parties;
(c) an expert in domestic building affected
parties' matters.
(5) The Minister must not appoint a person to be
a member of the Group who--
(a) is a registered building practitioner, an
architect who is registered under the
Architects Act 1991 or an endorsed
building engineer; or
(b) in the opinion of the Minister, has a
conflict of interest in being appointed
as a member of the Group.
(6) A member of the Group may be appointed
for a period not exceeding 2 years and that
period must be specified in the instrument of
appointment.
(7) A member of the Group may be reappointed.
(8) The Minister may determine the terms and
conditions of appointment of the members of
the Group, which must be specified in the
instrument of appointment.
(9) The members of the Group are entitled to the
remuneration, allowances and any expenses
incidental to their appointment that are
specified in the instrument of appointment.
(10) The chair of the Group may determine the
terms of reference and the procedures of the
Group including how often the Group meets.
(11) A member of the Group may resign by
giving a written notice to the Minister.
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(12) The Minister may remove a member of the
Group for any reason that the Minister
considers to be appropriate in the
circumstances.
208O Review of Building Monitor Reference
Group
(1) The Minister must ensure that a review is
undertaken of any Building Monitor
Reference Group established under
section 208N to determine whether the
purposes of the Group and the criteria for
membership of the Group support the
Building Monitor in meeting the objectives
of the Building Monitor.
(2) The Minister must ensure that the review is
undertaken within 3 years after the Building
Monitor Reference Group is established and
that a report of the review is prepared.
Subdivision 7--Building Monitor Issues
Report
208P Building Monitor Issues Report
(1) The Building Monitor must prepare an
annual Building Monitor Issues Report
(the Report) within the first year of the
Building Monitor's appointment and for
every subsequent year of appointment in
accordance with this section.
(2) During the preparation of the Report, the
Building Monitor must--
(a) consult with the Minister about any
proposed recommendations to be made
to the Minister in the Report; and
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(b) consult with any person or body
involved or performing functions in the
building system or in respect of which
the Building Monitor proposes to make
recommendations in relation to the
person's or body's area of responsibility
in the Report; and
(c) consult with domestic building affected
parties, including by way of chairing
the Building Monitor Reference Group.
(3) In the Report the Building Monitor--
(a) must specify the systemic issues that
affect domestic building affected
parties that have been identified by the
Building Monitor; and
(b) may advise and make recommendations
to the Minister on ways to address the
issues that affect domestic building
affected parties identified in the Report;
and
(c) must specify--
(i) the methods and frequency of
consultation with domestic
building affected parties by the
Building Monitor including by
way of chairing the Building
Monitor Reference Group; and
(ii) subject to sections 208L
and 208M, the information or data
relied on by the Building Monitor
to inform the findings and any
recommendations contained in the
Report; and
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(d) must include the following--
(i) a summary of the Building
Monitor's findings stemming from
research conducted by the
Building Monitor;
(ii) when and to whom a notice under
section 208K(1) was given and the
type of information or data
required under the notice;
(iii) whether the Building Monitor is a
party to--
(A) any information sharing
arrangement under
section 259AB; or
(B) any other information or data
collection or sharing
arrangements or agreements;
(iv) details of progress made against
the strategic plan referred to in
Subdivision 4;
(v) a summary of all activities
conducted by the Building
Monitor for the purposes of
performing the Building Monitor's
functions under this Division,
whether those activities have been
completed or not.
(4) After preparing the Report the Building
Monitor must--
(a) promptly publish the Report on the
Building Monitor's website; and
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(b) give a written notice to each person or
body that is subject to a
recommendation in the Report, to
advise the person or body of that
recommendation and the requirement
under subsection (5) to respond to the
Building Monitor within the required
time.
(5) A person or body who receives a notice
about a recommendation in the Report under
subsection (4)(b) must provide a written
response to the Building Monitor within
6 months after the publication of the Report
stating--
(a) whether or not the person or body
agrees with the recommendation; and
(b) if the person or body agrees with the
recommendation, how and when the
person or body intends to implement or
support that recommendation.
Subdivision 8--Review of office of
Building Monitor
208Q Review of office of Building Monitor
(1) The Minister must ensure that a review is
undertaken within 3 years after the first
Building Monitor is appointed to determine
whether there is an ongoing need for the
office of the Building Monitor.
(2) Further reviews must be undertaken by the
Minister within 6 years after the anniversary
of the completion of the first review under
subsection (1).
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(3) The Minister must ensure that a copy of a
review required under this section is laid
before each House of Parliament within
7 sitting days of that House after the review
is completed.".
26 Information sharing arrangements
In section 259AB(7) of the Building Act 1993, in
the definition of relevant agency, after
paragraph (c) insert--
"(ca) the Building Monitor;".
27 Membership and procedure
For section 210(2)(n) of the Building Act 1993
substitute--
"(n) one is to be the Building Monitor or a person
nominated by the Building Monitor to
represent the Building Monitor and who
must be employed by the Secretary to the
Department.".
28 Membership and procedure
For section 211B(2)(k) of the Building Act 1993
substitute--
"(k) one is to be the Building Monitor or a person
nominated by the Building Monitor to
represent the Building Monitor and who
must be employed by the Secretary to the
Department.".
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Division 2--Consequential amendments to other
Acts
29 Amendment of the Domestic Building Contracts
Act 1995
After section 52I(2)(d) of the Domestic Building
Contracts Act 1995 insert--
"(da) to the Building Monitor in response to a
requirement to provide information or data
under a notice given to the chief dispute
resolution officer under section 208K of the
Building Act 1993 by the Building Monitor;
or".
30 Amendment of the Victorian Civil and
Administrative Tribunal Act 1998
For section 38AA of the Victorian Civil and
Administrative Tribunal Act 1998 substitute--
"38AA Disclosure of information or data by
Tribunal
It is a function of the Tribunal--
(a) to disclose information or data of a
prescribed class of information or data
to the Victorian Building Authority or a
relevant agency in accordance with an
information sharing arrangement under
section 259AB of the Building
Act 1993 entered into by the Tribunal;
and
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(b) to provide information or data of a
prescribed class of information or data
to the Building Monitor, which is
required by the Building Monitor under
a notice given to the Tribunal under
section 208K(1) of the Building
Act 1993.".
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Part 4--Further amendments to the Building Act 1993 and other Acts
Part 4--Further amendments to the Building
Act 1993 and other Acts
Division 1--Amendment of the Building Act 1993
31 Definitions
(1) In section 3(1) of the Building Act 1993 insert
the following definitions--
"approved building manual means a building
manual for a building, which has been
approved by the relevant building surveyor
under section 41B(1);
Department means the Department of Transport
and Planning;
land affected by an owners corporation has the
same meaning as in section 3 of the Owners
Corporations Act 2006;
personal information has the same meaning as in
the Privacy and Data Protection
Act 2014;".
(2) In section 3(1) of the Building Act 1993, in the
definition of building practitioner, after
paragraph (c) insert--
"(d) a building consultant; or".
(3) In section 3(1) of the Building Act 1993, in the
definition of building practitioner, for
paragraph (e) substitute--
"(e) a building designer; or
Note
The category of building practitioner previously
described as draftsperson who carries on a business of
preparing plans for building work or preparing
documentation relating to permits or permit
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applications has been renamed as building designer.
See the relevant transitional and savings provisions in
section 285.".
(4) In section 3(1) of the Building Act 1993, in the
definition of building practitioner, after
paragraph (g) insert--
"(ga) a site supervisor; or".
(5) In section 3(1) of the Building Act 1993, in the
definition of building practitioner, for
paragraph (h) substitute--
"(h) a project manager--".
(6) In section 3(1) of the Building Act 1993, at the
foot of the definition of building practitioner
insert--
"Note
The category of building practitioner previously described in
paragraph (h) as a person responsible for a building project
or any stage of a building project and who belongs to a class
or category of people prescribed to be building practitioners
has been renamed as project manager. See the relevant
transitional and savings provisions in section 285.".
32 New section 17A inserted
After section 17 of Building Act 1993 insert--
"17A Relevant building surveyor must give
owner of land or building an information
statement
(1) This section applies if a person has applied
to a building surveyor for the issue of a
building permit for building work in relation
to a building of a prescribed class of
building.
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(2) The relevant building surveyor must, within
10 working days after issuing the building
permit, give the owner of the building or the
land to which the building work under the
permit relates an information statement in
the prescribed form and manner that contains
the prescribed information.
Penalty: 60 penalty units.
Note
See the relevant transitional and savings provision
that relates to this subsection in section 285.
(3) The failure of a relevant building surveyor to
comply with subsection (2) after issuing a
building permit does not affect the validity of
that building permit.".
33 Notice to Secretary to Department
(1) In the heading to section 18D of the Building
Act 1993 omit "of Environment, Land, Water
and Planning".
(2) In section 18D(2) of the Building Act 1993 omit
"of Environment, Land, Water and Planning".
34 Requirement for occupancy permit
(1) In section 21(1)(b) of the Building Act 1993, for
"out." substitute "out; and".
(2) After section 21(1)(b) of the Building Act 1993
insert--
"(c) whether a draft building manual must be
given to the relevant building surveyor with
the application for any required occupancy
permit.".
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35 Refusal of building permit
In section 24(4A) of the Building Act 1993 omit
"of Environment, Land, Water and Planning".
36 New sections 41A and 41B inserted
After section 41 of the Building Act 1993
insert--
"41A Requirement to provide a draft building
manual with an application for an
occupancy permit
(1) A person referred to in section 41(a), who
intends to apply for an occupancy permit in
respect of the construction of a new building
of a prescribed class of building, must
prepare a draft building manual for the
building in accordance with the regulations
and ensure that the draft building manual
accompanies the application made to the
relevant building surveyor.
Note
See the relevant transitional and savings provision
that relates to this subsection in section 285.
(2) If the construction of a building referred to in
subsection (1) has been carried out under
more than one staged permit, the requirement
under subsection (1) applies only in respect
of the application for the final occupancy
permit.
41B Approval of building manual
(1) The relevant building surveyor may approve
a draft building manual accompanying an
application for an occupancy permit if the
relevant building surveyor is satisfied that
the draft building manual meets all the
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requirements prescribed in the regulations
for preparation of the draft building manual.
(2) On approving a draft building manual under
subsection (1), the relevant building surveyor
must record the approval in the approved
building manual.
(3) The relevant building surveyor must give a
copy of an approved building manual to the
applicant for the occupancy permit at the
same time at which the relevant building
surveyor issues the occupancy permit to the
applicant.
(4) If the applicant for the occupancy permit is
not the owner of the building to which the
approved building manual relates, the
applicant must give the copy of the approved
building manual to that owner.".
37 Refusal of occupancy permit
(1) In section 44(b) of the Building Act 1993, for
"the compliance certificate." substitute
"the compliance certificate; and".
(2) After section 44(b) of the Building Act 1993
insert--
"(c) in the case of an application described in
section 41A(1), if the relevant building
surveyor has not approved the draft building
manual required to accompany the
application.".
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38 New sections 44A to 44D inserted
After section 44 of the Building Act 1993
insert--
"44A Applicant for occupancy permit must give
approved building manual to owners
corporation
An applicant for an occupancy permit who is
given a copy of an approved building manual
for a building on land affected by an owners
corporation by the relevant building surveyor
under section 41B(3), must give the copy of
the approved building manual to the owners
corporation for the building at the first
meeting of the owners corporation
(within the meaning of section 66 of the
Owners Corporations Act 2006).
Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.
44B Owners corporation must update an
approved building manual
An owners corporation that is given a copy
of an approved building manual under
section 44A by an applicant for an
occupancy permit must keep and update the
approved building manual in accordance
with the regulations.
Penalty: 300 penalty units.
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44C Owner of building must update an
approved building manual
An owner of a building that is on land not
affected by an owners corporation who has
been given a copy of an approved building
manual by a relevant building surveyor
under section 41B(3) or (4) or by a person
from whom the owner purchased the land,
must keep and update the approved building
manual in accordance with the regulations.
Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.
44D Offence to include false or misleading
information in a building manual
A person who prepares a draft building
manual or any updates to an approved
building manual must not knowingly or
recklessly include false or misleading
information in the draft building manual or
the updates to the approved building manual.
Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.".
39 Functions of private building surveyor
In section 76 of the Building Act 1993--
(a) in paragraph (c), for "Part 5." substitute
"Part 5;";
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(b) after paragraph (c) insert--
"(d) the approving of draft building manuals
under section 41B(1).".
40 New section 128A inserted
After section 128 of the Building Act 1993
insert--
"128A Immunity for building surveyor in
relation to approving a draft building
manual
A relevant building surveyor is not liable for
anything done or omitted to be done in good
faith in approving a draft building manual
under section 41B(1).".
41 New section 169D substituted for sections 169D
and 169E
For sections 169D and 169E of the Building
Act 1993 substitute--
"169D Offence to carry out work as a building
practitioner unless registered
(1) A person must not carry out work that is of a
kind prescribed to be carried out by a
category or class of building practitioner
(other than a builder) unless the person is
registered under this Part in that category or
class of building practitioner and the
registration authorises the carrying out of
that kind of work.
Penalty: 500 penalty units, in the case of a
natural person;
2500 penalty units, in the case of a
body corporate.
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(2) Subsection (1) does not apply to the
following persons who carry out a kind of
work prescribed for the purposes of
subsection (1)--
(a) a person who is authorised under this
Act or the building regulations to carry
out that kind of work on behalf of a
building surveyor;
(b) a natural person who is registered as an
architect under Part 3 of the Architects
Act 1991, if the carrying out of that
kind of work is an architectural service;
(c) a member of an approved partnership
(within the meaning of the Architects
Act 1991), if the carrying out of that
kind of work is an architectural service;
(d) an approved company (within the
meaning of the Architects Act 1991) or
a director of such an approved
company, if the carrying out of that
kind of work is an architectural service;
(e) a person who is working under the
supervision of a person who is
registered as an architect under Part 3
of the Architects Act 1991 to obtain
experience on practical architectural
work in order to meet the requirement
in section 10(b) of that Act, if the
carrying out of that kind of work is an
architectural service;
(f) an endorsed building engineer, if the
carrying out of that kind of work is a
professional engineering service.".
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42 Offence to carry out domestic building work under
a major domestic building contract
(1) For the heading to section 169F of the Building
Act 1993 substitute--
"Offence to carry out domestic building work
under a major domestic building contract".
(2) In section 169F(2) of the Building Act 1993--
(a) after "an unregistered person" insert "or an
unlicensed person";
(b) for paragraph (b) substitute--
"(b) the person carries out that work as an
employee of a builder registered under
section 171(1)(a), whose registration
authorises the carrying out of that work,
in the course of the person's
employment with that builder; or".
(c) in paragraphs (a), (c) and (d), for
"the unregistered person" substitute
"the person".
(3) In section 169F(3) of the Building Act 1993, for
"the unregistered person" substitute "the person".
(4) In section 169F(4) of the Building Act 1993--
(a) for "An unregistered person" substitute
"A person";
(b) for "the unregistered person" substitute
"the person".
(5) In section 169F(5) of the Building Act 1993--
(a) in the definition of licensed building
employee, for "out building work" substitute
"out domestic building work";
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(b) in the definition of registered builder, for
"out building work" substitute
"out domestic building work".
43 Delegation of Minister's functions
In section 189(2) of the Building Act 1993 omit
"of Environment, Land, Water and Planning".
44 Functions of the Authority
In section 197 of the Building Act 1993--
(a) in paragraph (h), for "builders" substitute
"building practitioners";
(b) after paragraph (i) insert--
"(ia) to provide, gather or obtain information
(including advice) or data for analysis
for any of the following purposes--
(i) to assist the Minister in
administering this Act;
(ii) to assist the Authority in
performing any of its other
functions under this Act;".
45 Section 199 substituted
For section 199 of the Building Act 1993
substitute--
"199 Delegation by the Authority
(1) The Authority may, by instrument, delegate
to any person any of its functions except a
function under section 80D, 205M or 206(1).
(2) Despite subsection (1), the Authority may,
by instrument, delegate a function under
section 80D or 205M to the chief executive
officer or the State Building Surveyor.
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(3) A person to whom a function has been
delegated under subsection (1) or (2)
(other than the State Building Surveyor) may
subdelegate the function to another person if
the instrument of delegation authorises the
subdelegation of that function.
(4) The State Building Surveyor may
subdelegate any function delegated to the
State Building Surveyor under subsection (1)
to another person if the instrument of
delegation authorises the subdelegation of
that function.
(5) An authorisation under subsection (3) or (4)
may be made subject to any conditions or
limitations that are specified in the
instrument of delegation that authorises the
subdelegation.".
46 Payments out of the Cladding Safety Victoria
account
After section 205DB(1)(c) of the Building
Act 1993 insert--
"(ca) the amounts authorised by the Minister for
any one or more of the following purposes--
(i) determining whether cladding
rectification work is required to be
carried out to improve the safety of a
building and the nature and scope of
such cladding rectification work;
(ii) the carrying out, or to facilitate the
carrying out, of cladding rectification
work;
(iii) overseeing the activities described in
subparagraphs (i) and (ii); and".
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47 Section 259AB substituted
For section 259AB of the Building Act 1993
substitute--
"259AB Information sharing arrangements
(1) The Authority may enter into, or approve of,
an arrangement (an information sharing
arrangement) with one or more relevant
agencies for the purpose of--
(a) the sharing or exchanging of
information, between the Authority and
a relevant agency that is a party to the
arrangement, which--
(i) has been acquired by the
Authority in performing its
functions or acquired by the
relevant agency in performing its
functions; or
(ii) has been disclosed to the
Authority or the relevant agency
under that arrangement or another
information sharing arrangement
to assist in the performance of the
Authority's functions or the
relevant agency's functions; or
(b) the sharing or exchanging of
information, between any 2 or more
relevant agencies that are parties to the
arrangement, which--
(i) has been acquired by any one of
those relevant agencies in
performing its functions; or
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(ii) has been disclosed to any one of
those relevant agencies under that
arrangement or another
information sharing arrangement
to assist in the performance of its
functions.
(2) Subject to subsection (3), under an
information sharing arrangement, the
Authority and a relevant agency are
authorised by virtue of this section--
(a) to request and receive information
(including personal information) held
by another party to the arrangement;
and
(b) to disclose information
(including personal information) to
another party to the arrangement.
(3) The information that may be exchanged or
shared under subsection (2)--
(a) between the Authority and a relevant
agency must be reasonably necessary to
assist in the performance of the
Authority's functions under this Act or
the functions of the relevant agency;
and
(b) between a relevant agency and another
relevant agency must be information
that--
(i) the receiving relevant agency
could have requested from the
Authority under paragraph (a); or
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(ii) is reasonably necessary to assist in
the performance of the relevant
agency's functions under this Act.
(4) Without limiting subsections (2) and (3), the
Authority may also (whether as part of an
information sharing arrangement or
otherwise)--
(a) refer any matter (including any
complaint) with respect to work carried
out by a building practitioner or
building employee, plumbing work or
the provision of architectural services
or engineering services to a building
regulator or law enforcement agency;
or
(b) receive any matter of a type described
in paragraph (a) from a building
regulator or law enforcement agency;
or
(c) conduct a joint investigation into any
matter of a type described in
paragraph (a) with a building regulator
or law enforcement agency.
(5) Any building regulator or law enforcement
agency referred to in subsection (4) is,
despite any other Act or law of the State,
authorised to refer a matter referred to in
subsection (4) to the Authority or to conduct
an investigation into the matter jointly with
the Authority.
(6) This section does not limit--
(a) the powers of the Authority under this
Act; or
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(b) the operation of any other Act under
which a relevant agency is authorised
or required to disclose information to
another person or body; or
(c) the giving of information--
(i) to a court or tribunal in the course
of legal proceedings; or
(ii) pursuant to an order of a court or
tribunal; or
(iii) to the extent reasonably required
to enable the investigation or the
enforcement of a law of the State
or of any other State or a Territory
or of the Commonwealth; or
(iv) with the written authority of the
Minister; or
(v) with the written authority of the
person to whom the information
relates.
(7) In this section--
building regulator means a municipal
council or an agency of the
Commonwealth, Victoria or another
State or a Territory or of another
jurisdiction that carries out functions
under an enactment in relation to
building, plumbing, architectural
services or engineering services that
relate to any work that relates to
building work;
information includes a document or a copy
of a document and data;
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law enforcement agency means--
(a) Victoria Police within the
meaning of the Victoria Police
Act 2013 or the police force of
another State or a Territory or of
an overseas jurisdiction; or
(b) the Australian Federal Police
within the meaning of the
Australian Federal Police
Act 1979 of the Commonwealth;
or
(c) the Australian Crime Commission
established under section 7 of the
Australian Crime Commission
Act 2002 of the Commonwealth;
or
(d) any other authority or person
responsible for the investigation or
prosecution of offences against the
laws of the State or of the
Commonwealth or of another
State or a Territory or an overseas
jurisdiction;
plumbing work has the same meaning as in
section 221C;
relevant agency means any of the
following--
(a) a building regulator;
(b) a law enforcement agency;
(c) the Director of Consumer Affairs
Victoria;
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(d) the chief dispute resolution
officer;
(e) the Architects Registration
Board of Victoria;
(f) the Victorian Managed Insurance
Authority;
(g) VCAT;
(h) Cladding Safety Victoria;
(i) the Victorian WorkCover
Authority within the meaning of
the Workplace Injury
Rehabilitation and
Compensation Act 2013;
(j) the Business Licensing Authority;
(k) the Commissioner of State
Revenue referred to in section 62
of the Taxation Administration
Act 1997;
(l) a council;
(m) a Department Head within the
meaning of the Public
Administration Act 2004;
(n) any other agency of the State or of
the Commonwealth or another
State or a Territory or of an
overseas jurisdiction;
(o) any other person or body that
exercises functions in the public
interest that involve protecting the
interests of users of services of
building practitioners, building
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employees, plumbers, architects or
endorsed building engineers;
(p) any other prescribed person or
body.".
48 General regulation-making powers
(1) After section 261(1)(bb) of the Building Act 1993
insert--
"(bc) building manuals including, but not limited
to, the following--
(i) the information that must be contained
in, or accompany, a draft building
manual;
(ii) the format of a draft building manual;
(iii) the requirements for keeping, updating
and providing access to an approved
building manual;".
(2) For section 261(1)(ha) of the Building Act 1993
substitute--
"(ha) specifying the kind of work that a category
or class of registered building practitioner
(other than a builder) is authorised to carry
out by that registration;".
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49 New sections 285 and 286 inserted
After section 284 of the Building Act 1993
insert--
"285 Transitional and saving provisions
relating to the Building Legislation
Amendment Act 2023
(1) Despite the substitution of section 210(2)(n)
by section 27 of the amending Act--
(a) the Building Regulations Advisory
Committee remains the same body and
continues in operation; and
(b) the member of the Building
Regulations Advisory Committee
appointed under section 210(2)(n)
immediately before the commencement
of section 27 of the amending Act
remains in office for the remainder of
that member's term of office.
(2) Despite the substitution of section
211B(2)(k) by section 28 of the amending
Act--
(a) the Plumbing Advisory Council
remains the same body and continues in
operation; and
(b) the member of the Plumbing Advisory
Council appointed under section
211B(2)(k) immediately before the
commencement of section 28 of the
amending Act remains in office for the
remainder of that member's term of
office.
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(3) A person registered in the category of
draftsperson in a prescribed class of
draftsperson before the commencement of
section 31(3) of the amending Act
(the former registration) is taken to be
registered in the category of building
designer in the prescribed class of building
designer equivalent to that prescribed class
of draftsperson on and from the
commencement of section 31(3) (the new
registration) and any condition imposed on
the former registration is taken to be imposed
on the new registration.
(4) An application made under section 170(1)
for the registration of a person in the
category of a draftsperson in a prescribed
class of draftsperson received but not
determined by the Authority before the
commencement of section 31(3) of the
amending Act is taken to be an application
for registration of that person in the category
of building designer in the prescribed class
of building designer equivalent to that
prescribed class of draftsperson.
(5) A person registered in the category of a
person responsible for a building project or
any stage of a building project in a
prescribed class of person responsible for a
building project or any stage of a building
project before the commencement of
section 31(5) of the amending Act
(the former registration) is taken to be
registered in the category of project manager
in the prescribed class of project manager
equivalent to that prescribed class of person
responsible for a building project or any
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stage of a building project on and from the
commencement of section 31(5) (the new
registration) and any condition imposed on
the former registration is taken to be imposed
on the new registration.
(6) An application made under section 170(1)
for the registration of a person in the
category of a person responsible for a
building project or any stage of a building
project in a prescribed class of person
responsible for a building project or any
stage of a building project received but not
determined by the Authority before the
commencement of section 31(5) of the
amending Act is taken to be an application
for registration of that person in the category
of project manager in the prescribed class of
project manager equivalent to that prescribed
class of a person responsible for a building
project or any stage of a building project.
(7) Section 17A(2), as inserted by section 32 of
the amending Act, does not apply in respect
of a building permit issued for building work
in respect of a class of building, if the
application for the permit was received by
the relevant building surveyor but the permit
was not issued before that class of building
was prescribed for the purposes of
section 17A(2) as inserted by section 32 of
the amending Act.
(8) Section 41A(1), as inserted by section 36 of
the amending Act, does not apply in respect
of an application for an occupancy permit in
relation to the construction of a new building
of a prescribed class of building, if that class
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of building was prescribed before the
application for the occupancy permit was
received by the relevant building surveyor.
(9) In this section--
amending Act means the Building
Legislation Amendment Act 2023.
286 Transitional regulations
(1) The Governor in Council may make
regulations containing provisions of a
transitional nature, including matters of an
application or savings nature, arising as a
result of the enactment of the Building
Legislation Amendment Act 2023,
including any repeals and amendments made
as a result of the enactment of that Act.
(2) Regulations under this section may--
(a) have a retrospective effect to a day
that is not before the day on which
the Building Legislation Amendment
Act 2023 receives the Royal Assent;
and
(b) be of limited or general application; and
(c) differ according to time, place or
circumstance; and
(d) leave any matter or thing to be decided
by a specified person or class of person.
(3) To the extent to which any provision of the
regulations under this section takes effect
from a date that is earlier than the date of its
making, the provision does not operate so
as--
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(a) to affect, in a manner prejudicial to any
person (other than the State or an
authority of the State), the rights of that
person existing before the date of its
making; or
(b) to impose liabilities on any person
(other than the State or an authority of
the State) in respect of anything done or
omitted to be done before the date of its
making.
(4) Regulations under this section have effect
despite anything to the contrary in any Act
(other than the Building Legislation
Amendment Act 2023 or the Charter of
Human Rights and Responsibilities
Act 2006) or in any subordinate instrument.
(5) The following are not required for any
proposed statutory rule that is to be made
under this section--
(a) consultation under section 6 of the
Subordinate Legislation Act 1994;
(b) the preparation of a regulatory impact
statement under section 7 of the
Subordinate Legislation Act 1994.
(6) This section is repealed on 1 December
2027.".
50 Schedule 2--Procedures for building permits and
occupancy permits
In clause 1(b) of Schedule 2 to the Building
Act 1993, after "this clause" insert "or under this
Act".
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51 Statute law revision amendment
The heading to Part 4 of Schedule 10 to the
Building Act 1993 is repealed.
Division 2--Consequential amendments to other
Acts
52 Amendment of the Domestic Building Contracts
Act 1995
After section 52I(2)(c) of the Domestic Building
Contracts Act 1995 insert--
"(ca) for the purpose of an information sharing
arrangement entered into by the chief dispute
resolution officer under section 259AB of
the Building Act 1993; or".
53 Amendment of the Building and Construction
Industry Security of Payment Act 2002
In section 49 of the Building and Construction
Industry Security of Payment Act 2002, after
"under this Act" (where secondly occurring)
insert "or under Subdivision 2 of Division 1A of
Part 11 or Division 3 of Part 11 of the Building
Act 1993".
54 Amendment of the Victorian Civil and
Administrative Tribunal Act 1998
(1) At the foot of section 34(3)(b) of the Victorian
Civil and Administrative Tribunal Act 1998
insert--
"Note
There are information sharing functions of the Tribunal
under sections 38AA and 147A.".
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(2) After section 38 in Division 4 of Part 2 of the
Victorian Civil and Administrative Tribunal
Act 1998 insert--
"38AA Disclosure of information or data by
Tribunal
It is a function of the Tribunal to disclose
information or data of a prescribed class of
information or data to the Victorian Building
Authority or a relevant agency in accordance
with an information sharing arrangement
under section 259AB of the Building
Act 1993 entered into by the Tribunal.".
55 Amendment of the Owners Corporations Act 2006
After section 67(1)(d) of the Owners
Corporations Act 2006 insert--
"(da) a building manual approved by a relevant
building surveyor under section 41B(1) of
the Building Act 1993;".
56 Amendment of the Sale of Land Act 1962
After section 15 of the Sale of Land Act 1962
insert--
"15A Approved building manual must be given
to purchaser of land
(1) On the settlement of a contract for the sale of
land, on which there is a building in respect
of which a building manual has been
approved by a relevant building surveyor
under section 41B(1) of the Building
Act 1993, the vendor of the land must give
an up-to-date copy of the approved building
manual to the purchaser of the land.
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Penalty: 60 penalty units, in the case of a
natural person;
300 penalty units, in the case of a
body corporate.
(2) Subsection (1) does not apply if the land is
affected by an owners corporation.".
57 Amendment of the Cladding Safety Victoria
Act 2020
In section 42(1) of the Cladding Safety Victoria
Act 2020, for "205DB(1)(b), (c) and (2)"
substitute "205DB(1)(b), (c), (ca) and (2)".
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Part 5--Amendment of the Architects Act 1991
Part 5--Amendment of the Architects
Act 1991
58 Appointment of panel
After section 21A(1) of the Architects Act 1991
insert--
"(1A) A person may be appointed to a panel for a
period of up to 5 years specified in the
instrument of appointment.".
59 Section 22 substituted
For section 22 of the Architects Act 1991
substitute--
"22 Remuneration
A person appointed under section 21A is
entitled to receive any fees or allowances
determined by the Minister.".
60 Section 47 substituted
For section 47 of the Architects Act 1991
substitute--
"47 Membership
(1) The Board is to consist of at least 3 and no
more than 9 members appointed by the
Governor in Council on the recommendation
of the Minister.
(2) In recommending members of the Board, the
Minister must ensure that--
(a) at least 3 of the members--
(i) are architects; and
(ii) each have demonstrated
experience in a leadership role
within the building industry; and
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(b) each member has the skills, knowledge
or experience in relation to at least one
of the following--
(i) administration of regulatory
arrangements for the building
industry;
(ii) public engagement and
communications;
(iii) risk management;
(iv) public administration or
governance;
(v) financial, accounting or program
management;
(vi) strategic planning;
(vii) architecture; and
(c) collectively, the members of the Board
have the skills, knowledge or
experience in relation to the matters set
out in paragraph (b).".
61 Section 48 repealed
Section 48 of the Architects Act 1991 is
repealed.
62 Terms of appointment
In section 49(1) of the Architects Act 1991, for
"3 years" substitute "5 years".
63 Remuneration
(1) In section 50 of the Architects Act 1991 omit
"(1)".
(2) In section 50 of the Architects Act 1991, for
"Governor in Council" substitute "Minister".
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64 Vacancies
In section 51(2) of the Architects Act 1991, after
"Council" insert ", on the recommendation of the
Minister,".
65 Chairperson
(1) For section 52(1) of the Architects Act 1991
substitute--
"(1) The Minister must appoint one of the
members of the Board to be Chairperson of
the Board.".
(2) In section 52(3) of the Architects Act 1991, for
"for re-election as Chairperson" substitute "to be
re-appointed as Chairperson by the Minister".
(3) Section 52(4) of the Architects Act 1991 is
repealed.
66 Deputy Chairperson
(1) For section 53(1) of the Architects Act 1991
substitute--
"(1) The Minister must appoint one of the
members of the Board to be Deputy
Chairperson of the Board.".
(2) In section 53(3) of the Architects Act 1991, for
"for re-election as Deputy Chairperson"
substitute "to be re-appointed as Deputy
Chairperson by the Minister".
(3) Section 53(4) of the Architects Act 1991 is
repealed.
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67 Procedure of Board
For section 54(4) of the Architects Act 1991
substitute--
"(4) A majority of the members of the Board
constitute a quorum, which must include the
Chairperson or the Deputy Chairperson.".
68 New section 57B inserted
After section 57A of the Architects Act 1991
insert--
"57B Strategic plan
(1) Within 3 months of the commencement of
this section, the Board must prepare a 4-year
strategic plan and submit a draft of the plan
to the Minister for approval.
(2) The Board must prepare and submit a draft
of a 4-year strategic plan to the Minister for
approval within 6 months before the expiry
of each previous approved plan.
(3) A strategic plan prepared under
subsection (1) or (2) must contain the
following--
(a) a vision statement;
(b) a mission statement;
(c) a statement of values;
(d) objectives to be met during the course
of the plan;
(e) details of the strategic initiatives which
will enable the Board to meet those
objectives.
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(4) The Minister on receiving a draft of a
strategic plan submitted under subsection (1)
or (2) may--
(a) approve the plan; or
(b) reject the plan and ask the Board to
submit an amended draft of the plan for
approval by the Minister, which
contains or addresses the changes
requested by the Minister.
(5) If a strategic plan prepared under
subsection (1) or (2) has been approved by
the Minister, the Board must--
(a) adopt and implement the plan; and
(b) publish the plan, and keep it published,
on its website.
(6) A strategic plan that has been approved by
the Minister expires 4 years after the
approval.
(7) The Board must in its annual report of
operations prepared for the purposes of
section 45 of the Financial Management
Act 1994 report on its progress in
implementing its strategic plan.".
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69 New Division 4 inserted in Part 10
After Division 3 of Part 10 of the Architects
Act 1991 insert--
"Division 4--Building Legislation
Amendment Act 2023
80 Transitional and savings provisions--
Building Legislation Amendment Act 2023
(1) In this Division--
amending Act means the Building
Legislation Amendment Act 2023;
commencement day means the
commencement of Part 5 of the
amending Act.
(2) Despite the amendments made to
section 21A by section 58 of the amending
Act--
(a) if a person is appointed to a panel
immediately before the commencement
day and the instrument of appointment
provides for a fixed term of
appointment, the person continues to be
appointed until the end of that term; or
(b) if a person is appointed to a panel
immediately before the commencement
day and the instrument of appointment
does not provide for a fixed term of
appointment, the person continues to be
appointed as follows--
(i) if the person was appointed within
3 years before the commencement
day, the person continues to be
appointed until the end of 5 years
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after the date of the person's
appointment;
(ii) if the person was appointed during
the period commencing 5 years
and ending 3 years before the
commencement day, the person
continues to be appointed until the
end of 3 years after the
commencement day;
(iii) if the person was appointed before
5 years before the commencement
day, the person continues to be
appointed until the end of one year
after the commencement day.
(3) Despite the amendments made to Part 6 by
Part 5 of the amending Act--
(a) the Board is taken to be the same body
and continues in operation; and
(b) a member of the Board appointed
immediately before the commencement
day continues to be appointed in
accordance with the instrument of
appointment until the end of the term of
the appointment; and
(c) a person appointed as Chairperson or
Deputy Chairperson of the Board
immediately before the commencement
day continues to be so appointed until
the end of the term of the appointment;
and
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(d) the requirement in section 47(2)(d), as
inserted by section 60 of the amending
Act, that the Minister must ensure that
the members of the Board collectively
have certain skills, knowledge or
experience does not apply until on or
after 1 July 2024.".
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Part 6--Repeal of this Act
Part 6--Repeal of this Act
70 Repeal of this Act
This Act is repealed on 1 February 2025.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Building Act 1993, the Architects Act 1991, the Domestic Building
Contracts Act 1995, the Building and Construction Industry Security
of Payment Act 2002, the Victorian Civil and Administrative
Tribunal Act 1998, the Sale of Land Act 1962, the Owners
Corporations Act 2006, the Cladding Safety Victoria Act 2020 and for
other purposes."
By Authority. Government Printer for the State of Victoria.
76
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