approved builder means a builder approved by the approved guarantor under its rules; S. 3(1) def. of approved guarantor substituted by No. 52/2005 s. 4(2). approved guarantor means HGFL; S. 3(1) def. of approved supervisor inserted by No. 39/1990 s. 4(a). approved supervisor means a supervisor approved by the approved guarantor under its rules; builder means a person who performs, or two or more persons who together perform, domestic building work; s. 3 S. 3(1) def. of building approval substituted by No. 126/1993 s. 264(Sch. 5 item 10.1(a)). building approval means building permit within the meaning of the Building Act 1993; S. 3(1) def. of building owner substituted by No. 39/1990 s. 4(b). building owner— (i) in relation to a domestic building work contract, means the person for whom domestic building work is, or is to be, performed under the contract; and (ii) in relation to a supervision contract, means the person for whom the managing or supervision of domestic building work is, or is to be, performed under a supervision contract; S. 3(1) def. of building surveyor substituted by No. 126/1993 s. 264(Sch. 5 item 10.1(b)). building surveyor means relevant building surveyor within the meaning of the Building Act 1993;
S. 3(1) def. of chief administrator substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 99.1). chief administrator means the Department Head within the meaning of the Public Administration Act 2004 of the Department; S. 3(1) def. of claimant substituted by No. 52/2005 s. 4(3). claimant means— (a) except in Part 6, a person who has made a claim to HGFL or VMIA under this Act; and (b) in Part 6, a person who has lodged a claim with HGFL or VMIA under that Part; S. 3(1) def. of construct amended by No. 39/1990 s. 4(c)(i)(ii). construct, in relation to a dwelling-house, includes— (a) to build, re-build, erect or re-erect the dwelling-house up to or beyond lock-up stage (within the meaning of section 21) whether or not any part of the work had been carried out by another builder; and (b) in the case of a dwelling-house that has never been occupied, to place the dwelling-house on land; and (c) to convert an existing building into a dwelling-house; s. 3 S. 3(1) def. of contract price substituted by No. 39/1990 s. 4(d ). contract price, in relation to a domestic building work contract or a supervision contract, means the total amount payable to the builder or supervisor under the terms of the contract;
purchaser signed the contract, a report containing such matters on the as are required by the Minister by notice published in the Government Gazette; S. 9(1)(b) repealed by No. 5/1989 s. 5(1)(a). * * * * * (c) The builder must have paid to the approved guarantor the amount fixed by it from time to time for the purposes of this paragraph. S. 9(2) amended by No. 5/1989 ss 4(b), 5(1)(b), repealed by No. 39/1990 s. 9(2). * * * * * S. 9(3) inserted by No. 5/1989 s. 5(2), amended by No. 39/1990 s. 9(3). (3) The guarantee applicable by virtue of this section does not extend to defects identified in the report on the dwelling-house obtained under subsection (1)(a). 10 Extension of guarantee in certain circumstances s. 10 S. 10(1) amended by Nos 5/1989 s. 4(c), 39/1990 s. 10(1)(b). (1) If— S. 10(1)(a) amended by No. 39/1990 s. 10(1)(a). (a) a builder has— (i) under section 24 of this Act; or S. 10(1)(a)(ii) substituted by No. 126/1993 s. 264(Sch. 5 item 10.2). (ii) under section 27(3) of the Building Act 1993— s. 10
(b) HGFL ceases to be liable under that guarantee. S. 11B inserted by No. 52/2005 s. 5. 11B VMIA to be responsible for the Housing Guarantee Claims Fund and claims (1) VMIA is responsible on and after the appointed day for the administration of— (a) claims on guarantees given by HGFL or the State under this Act; and (b) the Housing Guarantee Claims Fund. (2) VMIA has any other functions conferred on it under this Part, Part 2A, Part 4 and Part 7. (3) Without limiting its other powers, VMIA has any powers necessary to carry out its functions under this Part, Part 2A, Part 4 and Part 7. (4) VMIA acts on behalf of the State in carrying out its functions and exercising its powers under or for the purposes of this Part, Part 2A, Part 4 and Part 7. (5) No claim on a guarantee given by HGFL or the State under this Act can be made on the assets of VMIA and the assets of VMIA are not available for the payment of any amount of claim, costs or expenses under such a guarantee. S. 12 (Heading) inserted by No. 52/2005 s. 6(1). 12 Liability in legal proceedings s. 12
(4) VMIA may from time to time submit to the Minister for approval the procedures it proposes to adopt in the handling and resolution of claims under this Part. s. 13 (5) VMIA may propose to adopt as part of its procedures— (a) the requirement that a claim be made in a particular way; and (b) the requirement that a claimant supply to it a statutory declaration made by the claimant verifying any information supplied to VMIA by the claimant in respect of a claim. (6) The Minister must consult with the Minister administering the Victorian Managed Insurance Authority Act 1996 before approving the procedures. (7) The Minister may approve the procedures with or without amendment. (8) VMIA must adopt the procedures approved by the Minister. (9) A procedure does not take effect unless it has been approved by the Minister. 14 Claims s. 14 S. 14(1) amended by Nos 5/1989 s. 6, 52/2005 s. 8(1). (1) A person cannot claim under a guarantee given under this Act for loss or damage on account of the failure of the builder to fulfil the builder's obligation to complete the domestic building work under a domestic building work contract unless
approve that supervisor in relation to a class of domestic building work; or S. 16(1)(h) inserted by No. 39/1990 s. 14(b). (h) being a supervisor, who is dissatisfied with a decision of the approved guarantor to revoke the approval of that supervisor in relation to a class of domestic building work— s. 16 may, within 28 days after receiving notice from the approved guarantor or VMIA of the decision, appeal to the Tribunal. S. 16(2) amended by No. 91/1995 s. 160(2), substituted by No. 52/2005 s. 10(2). (2) If, within 3 months after making a claim for loss or damage, a claimant has not received notice from the approved guarantor or VMIA of its decision on the claim— (a) if that period ended before the appointed day, the approved guarantor is to be treated as having made, on the last day of that period, a decision to accept liability for the claim; and (b) if the period ended on or after the appointed day, VMIA is to be treated as having made, on the last day of that period, a decision to accept liability for the claim. S. 16(3) amended by No. 39/1990 s. 14(c). (3) In calculating a period of time for the purposes of subsection (2), there must not be included in the period any period during which legal proceedings brought by the claimant against the builder or supervisor involving any matter to which the claim relates had not been settled or determined. S. 16(4) substituted by Nos 91/1995 s. 160(3), 52/2005 s. 10(3). (4) VMIA may make an offer in respect of a claim if— (a) it has decided to accept a claim; or (b) before the appointed day, the approved guarantor had decided to accept the claim.
S. 17(1)(a) substituted by No. 39/1990 s. 22(c)(i). (a) the builder or supervisor had been an approved builder or an approved supervisor; or S. 17(1)(b) amended by No. 39/1990 s. 22(c)(ii). (b) the defect had been caused by bad workmanship on the part of the builder or of a person working under the management or supervision of the supervisor. S. 17(2) amended by No. 91/1995 s. 161, repealed by No. 52/2005 s. 11(2). * * * * * S. 17A inserted by No. 91/1995 s. 162. 17A Application of payments s. 17 S. 17A(1) substituted by No. 52/2005 s. 12(1). (1) If a claim relates to a failure to complete building work or a defect in building work and that claim was accepted by the approved guarantor before the appointed day or is accepted by VMIA on or after the appointed day, or is upheld on appeal, any payment made by VMIA in respect of that claim may be made on the condition that it is applied for the purpose of completion of that work or the rectification of that defect. S. 17A(2) amended by No. 52/2005 s. 12(2). (2) VMIA need not impose a condition under subsection (1) if it considers that it is unreasonable or impracticable to apply the payments for that purpose. S. 17A(3) amended by No. 52/2005 s. 12(2). (3) VMIA may make a payment which is subject to a condition imposed under subsection (1)— (a) to or at the direction of the claimant, if the claimant gives an undertaking to apply the payment for the purpose for which it is made; or