Ross v Building Practitioners Board & Anor

[2017] VSCA 274

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Transitional provisions
3. › Meaning of 'commenced an inquiry'
4. › Whether inquiry is a single event or a process involving multiple steps
5. › Text, context and purpose approach
6. › Building Act 1993 (Vic)
7. › Building Legislation Amendment (Consumer Protection) Act 2016 (Vic), sch 8, cl 4(1)
1. Administrative Law
2. › Jurisdiction
3. › Statutory bodies
4. › Building Practitioners Board
5. › Whether Board had jurisdiction to continue inquiry after abolition
6. › Transitional provisions preserving jurisdiction
7. › Building Act 1993 (Vic), ss 177-180, 187

Quick Take

An 'inquiry' under the Building Act 1993 (Vic) is a process, not a single event. The Board 'commences' an inquiry when it decides to undertake the inquiry and takes steps to implement that decision, not when the hearing takes place or when notice is served on the practitioner. Service of notice under s 178(2) is a procedural fairness step, not the formal commencement of the inquiry.