Building Services (Complaint Resolution and Administration) Amendment Act 2024 (WA)
Western Australia
Western Australia
Western Australia
Building Services (Complaint Resolution and Administration) Amendment Act 2024[
The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
This Act amends the
In section 3 insert in alphabetical order:
(1) Delete section 6(1) and insert:
(1) A building service complaint is made out of time if the complaint is made —
(a) for a complaint relating to the installation or use of a Typlex pipe — more than 15 years after the completion of the regulated building service to which the complaint relates; or
(b) for a complaint relating to a matter other than the installation or use of a Typlex pipe — more than 6 years after the completion of the regulated building service to which the complaint relates.
(1A) Subsection (1)(a) applies to a building service complaint relating to the installation or use of a Typlex pipe irrespective of whether the making of the complaint would, before the commencement of the
Building Services (Complaint Resolution and Administration) Amendment Act 2024 section 5(1), have been out of time.(2) After section 6(3) insert:
(4) In this section —
After section 6 insert:
(1) The Building Commissioner may approve a policy for the purposes of dealing with building service complaints and HBWC complaints, which may include any of the following —
(a) procedures for dealing with the complaints;
(b) the kinds of remedies that may be specified in orders under Part 3 in relation to the regulated building services relating to the complaints;
(c) other relevant matters.
(2) The Building Commissioner must not approve a policy under subsection (1) unless satisfied that —
(a) there are recurring circumstances or incidents of a similar kind relating to regulated building services; and
(b) the policy is likely to assist the Building Commissioner to effectively deal with complaints under section 5 in relation to those circumstances or incidents.
(3) A policy approved under subsection (1) —
(a) must be published in accordance with the
Interpretation Act 1984 section 41(1)(a); and(b) comes into operation on a day, as specified in the policy, occurring on or after the day on which the policy is published under paragraph (a); and
(c) may be revoked by the Building Commissioner by notice published in accordance with the
Interpretation Act 1984 section 41(1)(a).
(4) If an approved policy is in effect at the time the Building Commissioner makes a reviewable decision (as defined in the
State Administrative Tribunal Act 2004 section 17(3)), the policy is taken to be certified by the Minister as a statement of policy for the purposes of section 28 of that Act.(5) Sections 38(1A) and 43(1A) apply to an approved policy irrespective of whether the State Administrative Tribunal is dealing with a complaint made before or after the approved policy comes into operation.
(6) Section 46(1)(ba) applies to an approved policy irrespective of whether the Building Commissioner is dealing with a complaint made before or after the approved policy comes into operation.
After section 38(1) insert:
(1A) In dealing with the complaint, the State Administrative Tribunal must have regard to any relevant approved policy in effect at the time.
After section 43(1) insert:
(1A) In dealing with the complaint, the State Administrative Tribunal must have regard to any relevant approved policy in effect at the time.
After section 46(1)(b) insert:
(ba) must have regard to any relevant approved policy in effect at the time; and
After section 137 insert:
(1) In this section —
(2) The amendment of section 6(1) by the amendment Act section 5(1) does not —
(a) extend or otherwise affect the period during which a relevant policy is in force in relation to residential building work; or
(b) revive a relevant policy or a policy holder’s right to claim under a relevant policy; or
(c) extend or otherwise affect the period for making a claim under a relevant policy.
(3) A policy under section 6A applies in relation to complaints made under section 5, but not finally determined, before commencement day.
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