Building Legislation Amendment Act 2023 (Vic)

Building Legislation Amendment Act 2023

No. 11 of 2023

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of the Building Act 1993 in relation to appointment of State Building Surveyor

3Definitions and interpretation

4Application of new building regulations or binding determinations to building work

5Various offences relating to carrying out building work

6Refusal of building permit

7Application and effect of building regulations

8Modification of building regulations

9Application for determination in respect of building design

10Application for modification of building regulations relating to access for persons with disabilities

11Grounds for disciplinary action

12Grounds for disciplinary action

13Chief executive officer

14New Division 3 inserted in Part 12

15Authority may resolve disputes concerning interpretation of plumbing regulations

16Modification of plumbing regulations

17Grounds on which disciplinary action may be taken

Part 3—Amendment of the Building Act 1993 in relation to appointment of Building Monitor

Division 1—Amendment of the Building Act 1993

18Definitions

19Objectives of Act

20New section 127AA inserted

21Offence for owner-builder to sell building without report or insurance

22Modification of building regulations

23Functions of the Authority

24Appointment of State Building Surveyor

25New Division 3A inserted in Part 12

26Information sharing arrangements

27Membership and procedure

28Membership and procedure

Division 2—Consequential amendments to other Acts

29Amendment of the Domestic Building Contracts Act 1995

30Amendment of the Victorian Civil and Administrative Tribunal Act 1998

Part 4—Further amendments to the Building Act 1993 and other Acts

Division 1—Amendment of the Building Act 1993

31Definitions

32New section 17A inserted

33Notice to Secretary to Department

34Requirement for occupancy permit

35Refusal of building permit

36New sections 41A and 41B inserted

37Refusal of occupancy permit

38New sections 44A to 44D inserted

39Functions of private building surveyor

40New section 128A inserted

41New section 169D substituted for sections 169D and 169E

42Offence to carry out domestic building work under a major domestic building contract

43Delegation of Minister's functions

44Functions of the Authority

45Section 199 substituted

46Payments out of the Cladding Safety Victoria account

47Section 259AB substituted

48General regulation-making powers

49New sections 285 and 286 inserted

50Schedule 2—Procedures for building permits and occupancy permits

51Statute law revision amendment

Division 2—Consequential amendments to other Acts

52Amendment of the Domestic Building Contracts Act 1995

53Amendment of the Building and Construction Industry Security of Payment Act 2002

54Amendment of the Victorian Civil and Administrative Tribunal Act 1998

55Amendment of the Owners Corporations Act 2006

56Amendment of the Sale of Land Act 1962

57Amendment of the Cladding Safety Victoria Act 2020

Part 5—Amendment of the Architects Act 1991

58Appointment of panel

59Section 22 substituted

60Section 47 substituted

61Section 48 repealed

62Terms of appointment

63Remuneration

64Vacancies

65Chairperson

66Deputy Chairperson

67Procedure of Board

68New section 57B inserted

69New Division 4 inserted in Part 10

Part 6—Repeal of this Act

70Repeal of this Act

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Endnotes

1      General information

Building Legislation Amendment Act 2023

No. 11 of 2023

[Assented to 6 June 2023]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

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

(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

(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.

2Commencement

(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.

PART 2—AMENDMENT OF THE BUILDING ACT 1993 IN RELATION TO APPOINTMENT OF STATE BUILDING SURVEYOR

3Definitions 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;

(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 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".'.

4Application 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".

(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,".

5Various 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.".

6Refusal 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".

7Application 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,".

8Modification 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.".

9Application 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.".

10Application 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 with any binding determination that applies to that provision.".

11Grounds 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".

12Grounds 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".

13Chief 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".

14New Division 3 inserted in Part 12

After Division 2 of Part 12 of the Building Act 1993 insert—

"Division 3—State Building Surveyor

206Appointment 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.

(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.

(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.

206AObjectives 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.

206BFunctions 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 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 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.

206CPowers 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.

206DDelegation powers of the State Building Surveyor

The State Building Surveyor may, by instrument, delegate to any person appointed or engaged by the Authority under section 204 (other than as a consultant) any function of the State Building Surveyor.

206EState 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.".

15Authority 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.".

16Modification 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.".

17Grounds 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;".

PART 3—AMENDMENT OF THE BUILDING ACT 1993 IN RELATION TO APPOINTMENT OF BUILDING MONITOR

Division 1—Amendment of the Building Act 1993

18Definitions

(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;

(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;".

19Objectives 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.".

20New 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.

(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.".

21Offence 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.

22Modification of building regulations

In section 160(3)(d) of the Building Act 1993, after "authority" insert "other than the Building Monitor".

23Functions 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;".

24Appointment of State Building Surveyor

After section 206(5)(a) of the Building Act 1993 insert—

"(ab)the Building Monitor; or".

25New 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

207Definition

In this Division—

information includes a document or copy of a document.

Subdivision 2—Appointment of Building Monitor

208Appointment 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.

(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.

208AVacancy 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.

208BRemoval 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 Parliament a full statement of the grounds of the removal within 10 sitting days of that House after the removal.

208CActing 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.

(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.

208DValidity 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

208EObjectives 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 industry and building system regulators and options to address any such issues.

208FFunctions 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

(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.

208GGeneral 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.

208HStaff

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.

208IDelegation

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.

Subdivision 4—Strategic plan

208JBuilding 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;

(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

208KBuilding 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 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;

(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.

208LBuilding 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.

208MImproper 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—

(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

208NMinister 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;

(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.

(12)The Minister may remove a member of the Group for any reason that the Minister considers to be appropriate in the circumstances.

208OReview 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

208PBuilding 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

(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

(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

(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

208QReview 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).

(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.".

26Information 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;".

27Membership 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.".

28Membership 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.".

Division 2—Consequential amendments to other Acts

29Amendment 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".

30Amendment 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

(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.".

PART 4—FURTHER AMENDMENTS TO THE BUILDING ACT 1993 AND OTHER ACTS

Division 1—Amendment of the Building Act 1993

31Definitions

(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 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.".

32New 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.

(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.".

33Notice 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".

34Requirement 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.".

35Refusal of building permit

In section 24(4A) of the Building Act 1993 omit "of Environment, Land, Water and Planning".

36New 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.

41BApproval 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 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.".

37Refusal 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.".

38New 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.

44BOwners 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.

44COwner 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.

44DOffence 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.".

39Functions of private building surveyor

In section 76 of the Building Act 1993—

(a)in paragraph (c), for "Part 5." substitute "Part 5;";

(b)after paragraph (c) insert—

"(d)the approving of draft building manuals under section 41B(1).".

40New 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).".

41New 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.

(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.".

42Offence 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";

(b)in the definition of registered builder, for "out building work" substitute "out domestic building work".

43Delegation of Minister's functions

In section 189(2) of the Building Act 1993 omit "of Environment, Land, Water and Planning".

44Functions 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;".

45Section 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.

(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.".

46Payments 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".

47Section 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

(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

(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

(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;

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;

(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 employees, plumbers, architects or endorsed building engineers;

(p)any other prescribed person or body.".

48General 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;".

49New 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.

(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 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 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.

286Transitional 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—

(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.".

50Schedule 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".

51Statute 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

52Amendment 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".

53Amendment 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".

54Amendment 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.".

(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.".

55Amendment 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;".

56Amendment 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.

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.".

57Amendment 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)".

PART 5—AMENDMENT OF THE ARCHITECTS ACT 1991

58Appointment 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.".

59Section 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.".

60Section 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

(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).".

61Section 48 repealed

Section 48 of the Architects Act 1991 is repealed.

62Terms of appointment

In section 49(1) of the Architects Act 1991, for "3 years" substitute "5 years".

63Remuneration

(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".

64Vacancies

In section 51(2) of the Architects Act 1991, after "Council" insert ", on the recommendation of the Minister,".

65Chairperson

(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.

66Deputy 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.

67Procedure 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.".

68New 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.

(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.".

69New 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

80Transitional 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 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

(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.".

PART 6—REPEAL OF THIS ACT

70Repeal 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

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 March 2023

Legislative Council: 2 May 2023

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."