Rectification orders
38 Rectification orders
The registrar may make an order (a rectification order) in relation to an entity requiring the entity—
to take stated action to rectify work done as part of a construction service; or
to demolish a building or part of a building where a construction service has been provided and provide the construction service under this Act or an operational Act; or
to start or finish stated work in relation to which a construction service has been, is being or was proposed to be provided.
Example—stated action rectified work must comply with a stated performance requirement of the Building Code of Australia
The rectification order may also require the entity to give the registrar written information about a thing required to be done under the order.
Examples
1 a structural engineer’s report about whether rectified work complies with relevant structural standards
2 certification from a building certifier that finished work complies with this Act
However, a rectification order need not state how a thing required to be done under the order is to be done.
Example
A rectification order requires an entity to rectify a building so that it complies with a stated performance requirement of the building code. The rectification order need not include details of how the work is to be undertaken or how the building may need to be redesigned or altered to comply with the requirement.
Subsection (5) applies if—
the order requires the entity to do a thing; and
the entity—
is not licensed, authorised or qualified to do the thing; or
if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.
The entity must arrange, and pay for, the thing to be done by someone who—
is licensed, authorised or qualified to do the thing; or
if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.
Examples
1 A rectification order requires Freddie to take stated action to rectify work he has done. The action includes having to provide written information about whether the rectified work complies with relevant structural standards. Freddie is not a structural engineer so he must arrange, and pay for, a structural engineer to prepare a report about the rectified work.
2 A rectification order requires Jo to finish building a dwelling. Jo is no longer a licensed builder, and she is not able to get a new licence. Jo must arrange, and pay for, a licensed builder to finish building the dwelling.
3 Alex is a licensed plumber who did non-compliant work on a building that caused extensive water leakage. A rectification order requires him to fix the damage caused by the leakage, including replacing render on the building’s exterior, replacing wall linings and insulation in the wall cavity, and repainting walls and replacing carpet in the interior. None of this work requires a licence or other authorisation under ACT law. Alex is able to paint the interior walls to an acceptable standard, but he has never done any of the other kind of work. He must arrange, and pay for, people with appropriate experience and skill to do the rest of the work.
The rectification order must state a period within which what is required to be done must be done.
The stated period for a rectification order other than an emergency rectification order must not be less than 1 month after the day the rectification order is given to the entity.
Details of the rectification order must be included in the register (see s 108).
A copy of the rectification order must be given to the land owner.
This Act’s bill:Explanatory statementSecond reading speech
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