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Parliamentary Questions


Question Without Notice No. 1169 asked in the Legislative Council on 22 October 2020 by Hon Nick Goiran

Parliament: 40 Session: 1

BUILDING LAW REFORM

1169. Hon NICK GOIRAN to the minister representing the Minister for Commerce:

I refer to Western Australia's building laws, comprising the Building Act 2011, Building Services (Complaint Resolution and Administration) Act 2011 and Building Services (Registration) Act 2011.

(1) Is there a mandated code of conduct for building surveyors?

(2) If no to (1), is the government planning to introduce a code of conduct for building surveyors in the upcoming building law reforms in accordance with recommendation 10 of the 2018 Shergold and Weir ''Building Confidence'' national report?

(3) What, if any, oversight or disciplinary powers does the Building Commission currently hold over building surveyors and structural engineers?

(4) Does the government plan to increase the regulatory powers of the Building Commission in accordance with recommendation 6 of the 2018 Shergold and Weir ''Building Confidence'' national report?

(5) Are lifetime structural warranties currently required to be provided in Western Australia?

(6) If no to (5), is the government planning to introduce lifetime structural warranties in the upcoming building law reforms?

Hon ALANNAH MacTIERNAN replied:

I thank the member for the question. The following answer has been provided by the Minister for Commerce.

(1)–(2) The McGowan government has committed to implementing the recommendations from the ''Building Confidence'' report, and the Department of Mines, Industry Regulation and Safety is currently seeking public comments on several proposals to improve building laws in WA. One such proposal is the introduction of a code of conduct for building surveyors.

(3) Building surveyors are registered under, and subject to, the disciplinary provisions of the Building Services (Registration) Act 2011. The legislation provides for the building services board to take actions in the State Administrative Tribunal against any registered building surveyors who breach the disciplinary provisions of the act. The SAT may suspend, cancel and/or issue a maximum fine under the current provisions.

The Building Services (Complaint Resolution and Administration) Act 2011 provides for the Building Commissioner to accept complaints into unsatisfactory or faulty building service provided by structural engineers. The McGowan government is proposing to introduce a registration scheme for all building engineers, including structural engineers, to allow for disciplinary actions to be taken against engineers, if warranted, in the future.

(4) Yes. Under the proposed reforms to building laws, consideration is being given to extending the powers of the Building Commissioner in accordance with recommendation 6 of the ''Building Confidence'' report.

(5)–(6) No. I am advised that no Australian jurisdiction requires statutory lifetime structural warranties.