proceeding includes any application for the review of a determination; provisional sum is an estimate of the cost of carrying out particular work (including the cost of supplying any materials needed for the work) under a domestic building contract for which a builder, after making all reasonable inquiries, cannot give a definite amount at the time the contract is entered into; sub-contractor means a person who enters into a contract with a builder to carry out part of the work that is to be carried out under a domestic building contract; S. 3(1) def. of Tribunal substituted by No. 52/1998 s. 37(2), repealed by No. 15/2016 s. 3(2). * * * * * S. 3(1) def. of Victorian Managed Insurance Authority inserted by No. 15/2016 s. 3(1). Victorian Managed Insurance Authority means the Victorian Managed Insurance Authority established under the Victorian Managed Insurance Authority Act 1996. (2) If a builder and a building owner agree that domestic building work is to be carried out on a home in stages by the builder under a series of separate contracts that are to be entered into after the initial agreement, then for the purposes of this Act the initial agreement and the subsequent contracts are to be considered to be a single contract.
Division 6—Dispute resolution orders Subdivision 1—Issue of dispute resolution orders S. 49 substituted by No. 15/2016 s. 6. 49 When can a dispute resolution order be issued? (1) The chief dispute resolution officer may issue a dispute resolution order to a builder or building owner who is a party to a domestic building work dispute if— (a) the dispute was referred to the chief dispute resolution officer under Division 2 for conciliation; and (b) the chief dispute resolution officer is satisfied that the parties have not resolved the dispute; and (c) the dispute relates to one or more of the following— (i) an alleged breach of a warranty set out in section 8; (ii) an alleged failure to maintain the standard or quality of building work specified in a domestic building contract; (iii) an alleged failure to complete the domestic building work required by a domestic building contract; (iv) an alleged failure to complete the domestic building work required by a domestic building contract within the times specified in the contract; (v) an alleged failure to pay money for domestic building work performed under the contract; (vi) any other prescribed matter.
resolution officer under Division 5, including the extent of any partial performance of an action specified in a record of agreement; (b) the conduct of the parties during the conciliation (if applicable); (c) any direction to fix building work given under Division 2 of Part 4 of the Building Act 1993 in relation to the building work that is the subject of the dispute; (d) any other matter the chief dispute resolution officer considers relevant. (2) In addition to the matters in subsection (1), the chief dispute resolution officer may consider whether the issuing of a dispute resolution order to a person would be unfair or unreasonable in the circumstances. S. 49B inserted by No. 15/2016 s. 6. 49B What can a dispute resolution order require? (1) A dispute resolution order may require a builder to whom it is issued to take any action or the action specified in the order to do one or more of the following— (a) rectify any defective domestic building work; (b) rectify any damage caused in the carrying out of the domestic building work or by the defective domestic building work; (c) complete the domestic building work under the domestic building contract. (2) A dispute resolution order may require a building owner to whom it is issued to comply with specified conditions if the builder is required to comply with a dispute resolution order.
(3) A reference to a building owner in this section includes a reference to any person who is the owner for the time being of the building or land in respect of which a domestic building contract was made or domestic building work was carried out. S. 55 (Heading) inserted by No. 15/2016 s. 10(3). S. 55 amended by No. 15/2016 s. 10(2). 55 Who can ask VCAT to resolve a domestic building dispute? VCAT may only make an order to resolve a domestic building dispute on the application of— (a) a party to the dispute; or (b) the Director acting on behalf of one or more building owners who are parties to the dispute. S. 56 repealed by No. 52/1998 s. 38(1)(c), new s. 56 inserted by No. 15/2016 s. 7. 56 Certificate of conciliation required to bring proceeding in VCAT to resolve domestic building work dispute (1) A party to a domestic building work dispute must not make an application to VCAT in relation to the dispute unless the chief dispute resolution officer has issued a certificate of conciliation to the party certifying that the dispute— (a) was not suitable for conciliation; or (b) was not resolved by conciliation. (2) An application to VCAT to commence proceedings in relation to a domestic building work dispute must be accompanied by a copy of the certificate of conciliation. (3) This section does not apply to proceedings for an order in the nature of an injunction.
S. 57A inserted by No. 15/2016 s. 8. 57A Certain actions not to proceed in a court without certificate of conciliation or leave (1) A party to a domestic building work dispute may not commence an action in a court arising wholly or predominantly from the dispute unless— (a) the chief dispute resolution officer has issued a certificate of conciliation to the party certifying that the dispute— (i) was not suitable for conciliation; or (ii) was not resolved by conciliation; or (b) the party has been granted leave by the court to bring the proceedings. (2) This section does not apply to proceedings for an order in the nature of an injunction. S. 58 (Heading) inserted by No. 15/2016 s. 10(5). S. 58 amended by No. 15/2016 s. 10(2). 58 VCAT may hear disputes while contract still in operation VCAT may make an order to resolve a domestic building dispute even though the domestic building contract under which the dispute arises is still in operation. S. 59 (Heading) inserted by No. 15/2016 s. 10(6). S. 59 amended by No. 15/2016 s. 10(1). 59 VCAT may hear dispute regardless of related criminal proceedings If a domestic building dispute involves the failure, or the alleged failure, of a builder to comply with this Act or any other Act (or any regulations made under this Act or any other Act), VCAT may make an order to resolve the dispute even though the builder— (a) has not been charged with the offence; or (b) has been charged with the offence, but has not had the charge heard; or
S. 61(2) amended by No. 52/1998 s. 40(b). (2) If the decision contains a direction that must be complied with within 27 days of the date the person receives notice of the decision, the application must be made before the date the decision must be complied with. S. 61(3) amended by No. 52/1998 s. 40(b). (3) In all other cases, the application must be made within 28 days of the date the person receives notice of the decision. S. 62 (Heading) inserted by No. 15/2016 s. 10(9). S. 62 amended by Nos 52/1998 s. 40(c), 26/2001 s. 16(4), 15/2016 s. 10(1)(2). 62 VCAT may make decision if an insurer fails to make it in time VCAT may decide any claim made by a building owner with respect to any insurance or guarantee or indemnity referred to in section 60 if the insurer fails or refuses to decide the claim within a reasonable time of the claim being made and the building owner applies to VCAT to decide the claim. S. 63 repealed by No. 52/1998 s. 40(d). * * * * * Pt 5 Div. 2 Subdiv. 3 (Heading and ss 64–67) repealed by No. 52/1998 s. 40(e), new Pt 5 Div. 2 Subdiv. 3 (Heading and ss 63–67A) inserted by No. 15/2016 s. 9. Subdivision 3—Matters relating to dispute resolution orders New s. 63 inserted by No. 15/2016 s. 9. 63 Application for review of decision to issue or amend dispute resolution order (1) A person who is required to comply with a dispute resolution order may apply to VCAT for review of the decision to issue or amend the dispute resolution order.
(c) the costs and expenses incurred by the Director in carrying out his or her functions under this Act; and S. 124(3)(ca) inserted by No. 15/2016 s. 72. (ca) amounts determined by the Director for the purpose of providing advocacy services in relation to domestic building contracts and domestic building disputes; and (d) amounts determined by the Director for the purpose of providing education programs and advice to building owners and builders in relation to the carrying out of domestic building work and the operation of this Act. (4) The Director may invest any part of the Fund not immediately required for the purposes of the Fund in any manner approved by the Treasurer. S. 124A inserted by No. 17/1999 s. 31, amended by Nos 103/2004 s. 81(1) (ILA s. 39B(1)), 17/2007 s. 36(Sch. item 3), 2/2008 s. 60(Sch. item 3), 72/2010 s. 48(Sch. item 7), substituted by No. 21/2012 s. 239(Sch. 6 item 14.2). 124A Application of provisions of Australian Consumer Law and Fair Trading Act 2012 (1) Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152 and 153) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act. (2) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act. (3) For the purposes of subsection (2)— (a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of
Assent Date: 8.6.04 Commencement Date: 1.5.96: s. 2 : All of Act in operation Fair Trading (Enhanced Compliance) Act 2004, No. 103/2004 Assent Date: 21.12.04 Commencement Date: S. 81 on 22.12.04: s. 2(1) : This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 58) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 34) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 House Contracts Guarantee (Amendment) Act 2005, No. 52/2005 Assent Date: 13.9.05 Commencement Date: S. 30 on 1.2.06: Government Gazette 25.1.06 p. 108 : This information relates only to the provision/s amending the Contracts Act 1995 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 10) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Contracts Act 1995 Owners Corporations Act 2006, No. 69/2006 Assent Date: 19.9.06 Commencement Date: S. 221 on 31.12.07: s. 2(2) Current State: This information relates only to the provision/s amending the Domestic Building Contracts Act 1995 Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007