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.