Construction Occupations Registrar v Bates

[2017] ACTCA 15

ACT Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Local Government
2. › Building Control
3. › Building certifiers
4. › Occupational discipline
5. › Grant of building approval
6. › Whether building approval may be granted for works already completed where no certifier appointed for those works
7. › Whether plans approved as plans without regard to works completed on site
8. › Relationship between ss 19 and 19A of the Building Act 2004 (ACT)
9. › Building Act 2004 (ACT), ss 19, 19A, 26A, 28, 29
1. Statutory Interpretation
2. › Construction of building legislation
3. › Meaning of 'carried out in accordance with this part'
4. › Whether reference to 'this part' limited to particular division or section
5. › Use of headings and explanatory statements as aids to interpretation
6. › Building Act 2004 (ACT), s 19A(1)(b)
7. › Legislation Act 2001 (ACT), s 126

Quick Take

Section 19A(1)(b) of the Building Act 2004 (ACT) requires that previously carried-out building work have been carried out in accordance with all of Part 3, not merely s 42. Where prior work was not carried out in accordance with Part 3, a certifier can only be appointed under s 19 for future work. The approval process under ss 28-29 requires the certifier to consider matters beyond the plans alone, including the nature and quality of existing work on the site, particularly under s 29(1)(f) which requires satisfaction that the building as proposed will be structurally sufficient, safe and stable.