Board to decide what action to take in respect of complaint forwarded by Building Commission
51 Board to decide what action to take in respect of complaint forwarded by Building Commission
The Board must consider —
a complaint in relation to an owner‑builder forwarded to it by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011; and
any report and recommendations in respect of the complaint given to the Board by the Building Commissioner.
The Board may, on consideration of a complaint under subsection (1), decide —
not to take any action; or
to refer the complaint back to the Building Commissioner for the purpose of commencing a conciliation proceeding under the Building Services (Complaint Resolution and Administration) Act 2011 Part 2 Division 3; or
to refer the complaint back to the Building Commissioner for investigation or further investigation; or
if the Board is satisfied that grounds for cancellation of an owner‑builder approval exist, to cancel the owner‑builder approval.
The Board must, as soon as is practicable, but in any case no later than 7 days after making a decision under this section, give to the complainant, if any, and the respondent written notice of the decision together with short particulars of the reasons for the decision.
A cancellation of an owner‑builder approval is effected by written notice to the owner‑builder.
The notice referred to in subsection (4) must include notice of the person’s right of review under section 64.
The Board may notify any person who has authority to grant a building permit that the Board has cancelled an owner‑builder approval if the Board considers that the person has a relevant interest.
This Act’s bill:Explanatory memorandumSecond reading speech
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