BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK DISPUTES) REGULATIONS 2012

NORTHERN TERRITORY OF AUSTRALIA BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK DISPUTES) REGULATIONS 2012 As in force at 30 March 2026 Table of provisions Chapter 1 Introduction Part 1.1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Application to public authority residential building work ................... 1 Part 1.2 Interpretation Division 1 Defined terms 4 Definitions ........................................................................................ 1 Division 2 Important concepts 5 Residential building work for mediation or conciliation application ....................................................................................... 5 6 Residential building work for other applications ............................... 5 7 Effective period for consumer guarantees ....................................... 5 8 Contravention of consumer guarantees........................................... 7 9 Non-structural defects and structural defects .................................. 7 Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 1 Procedures for mediation or conciliation application 10 Mediation or conciliation application ................................................ 8 11 Making mediation or conciliation application.................................... 8 12 Consideration of mediation or conciliation application and acceptance ...................................................................................... 9 13 Decision to reject mediation or conciliation application.................... 9 -- 1 of 55 -- Building (Resolution of Residential Building Work Disputes) Regulations 2012 ii Division 2 Procedures for technical inspection application 14 Technical inspection application .................................................... 10 15 Making technical inspection application ......................................... 10 16 Consideration of technical inspection application and acceptance .................................................................................... 11 17 Decision to reject technical inspection application ......................... 11 Division 3 Procedures for consumer guarantee dispute application 18 Specified circumstance for consumer guarantee dispute application ..................................................................................... 11 19 Making consumer guarantee dispute application........................... 12 20 Decision whether to accept consumer guarantee dispute application ..................................................................................... 13 21 Decision to reject consumer guarantee dispute application ........... 14 Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision 22 Assistance to locate respondent .................................................... 14 23 Procedure after acceptance of application .................................... 15 24 Response to application ................................................................ 16 25 Procedure if response given .......................................................... 16 26 Failure to give response ................................................................ 17 27 Conducting proceeding .................................................................. 17 28 Directions hearing.......................................................................... 18 29 Conducting hearing ....................................................................... 18 30 Evidence at hearing ....................................................................... 19 31 Referrals to Tribunal ...................................................................... 19 Division 2 Making dispute decision 32 Dispute decisions generally ........................................................... 20 33 Orders relating to non-completion of work ..................................... 21 34 Orders relating to defective work ................................................... 21 35 Compliance period and order to notify compliance ........................ 21 37 Publication of dispute decision ...................................................... 22 38 No liability for publication of report in good faith ............................ 23 -- 2 of 55 -- Building (Resolution of Residential Building Work Disputes) Regulations 2012 iii Part 2.3 Negotiated agreement process Division 1 Preliminary conference 39 Application of Division ................................................................... 23 40 Procedure for mediation or conciliation application ....................... 23 41 Facilitating preliminary conference for any application .................. 24 42 Purpose of preliminary conference and role of convenor .............. 24 Division 2 Mediation conference and conciliation conference 43 Facilitating mediation conference or conciliation conference ......... 25 44 Purpose of mediation conference and role of convenor ................ 25 45 Purpose of conciliation conference and role of convenor .............. 26 Division 3 General provisions 46 Convenor for conference ............................................................... 26 47 Attendance at conference .............................................................. 27 48 Place for holding conference ......................................................... 27 49 Conference not open to public ....................................................... 27 50 Record of conference and outcomes ............................................. 28 51 Effect of agreement and related decision ...................................... 28 52 Effect if no agreement reached...................................................... 29 53 Restriction on evidence ................................................................. 29 54 Confidentiality ................................................................................ 29 Part 2.4 Technical inspection and technical report Division 1 Appointment of qualified person and technical inspection 55 Appointment of qualified person .................................................... 29 56 Entry to conduct technical inspection and presence of parties ...... 30 57 Conducting technical inspection .................................................... 31 58 Additional defective work found during technical inspection .......... 32 59 Obtaining additional expert investigation and report ...................... 32 60 Notice to building certifier .............................................................. 33 61 Offences relating to technical inspection ....................................... 33 Division 2 Technical report by qualified person 62 Giving technical report to Commissioner ....................................... 33 63 Giving technical report and notice to parties .................................. 34 64 Technical inspection application other than for consumer guarantee dispute application ........................................................ 35 65 Technical inspection application made for consumer guarantee dispute application ........................................................ 35 -- 3 of 55 -- Building (Resolution of Residential Building Work Disputes) Regulations 2012 iv Part 2.5 General procedures for all applications 66 Lodgment and fees ........................................................................ 36 67 General conduct of proceeding...................................................... 36 68 Representation of party ................................................................. 36 69 Power to amend where defect or error in form .............................. 37 70 Effect of non-compliance with procedures ..................................... 37 71 Withdrawal of application ............................................................... 37 72 Costs ............................................................................................. 37 73 Contempt ....................................................................................... 38 Chapter 3 Proceedings before Tribunal Part 3.1 Reviews of Commissioner's decisions 74 Reviewable decision and affected person ..................................... 38 Part 3.3 Referrals to Tribunal by Commissioner 85 Questions of law ............................................................................ 38 86 Complex proceedings .................................................................... 39 87 Appeal to Supreme Court .............................................................. 39 Chapter 4 Enforcement of decisions and consequences of contraventions Part 4.1 Enforcement of decisions 88 Enforcement of order to pay money .............................................. 39 89 Application to Local Court for enforcement of other orders ........... 40 Part 4.2 Consequences of contraventions 90 Failure to give notice about compliance ........................................ 40 91 Offence to give false or misleading information in notice about compliance .................................................................................... 40 92 Disciplinary action for specified contravention of dispute decision ......................................................................................... 41 93 Other disciplinary action for contravention of dispute decision ...... 41 94 Disciplinary action for contravention of Tribunal's decision............ 41 95 Offence to contravene order of decision maker ............................. 42 Chapter 5 Miscellaneous matters 96 Protection from liability .................................................................. 42 97 Records of applications ................................................................. 43 98 Commissioner to give notice of contraventions by builder ............. 43 -- 4 of 55 -- Building (Resolution of Residential Building Work Disputes) Regulations 2012 v Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 99 Definitions ...................................................................................... 43 100 Review of or appeal against Commissioner's decision notified before commencement .................................................................. 44 101 Commissioner's decision made after commencement................... 45 102 Referrals to former Tribunal ........................................................... 45 Schedule 1 Prescribed fees for applications Schedule 2 Reviewable decisions and affected persons ENDNOTES -- 5 of 55 -- -- 6 of 55 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 30 March 2026 ____________________ BUILDING (RESOLUTION OF RESIDENTIAL WORK DISPUTES) REGULATIONS 2012 Regulations under the Building Act 1993 Chapter 1 Introduction Part 1.1 Preliminary matters 1 Citation These Regulations may be cited as the Building (Resolution of Residential Building Work Disputes) Regulations 2012. 2 Commencement These Regulations commence on the commencement of the Building Amendment (Residential Building Consumer Protection) Act 2012. 3 Application to public authority residential building work Prescribed residential building work carried out, or to be carried out, in relation to a residential building owned by Defence Housing Australia is exempt from the operation of section 54A(2) of the Act. Note for regulation 3 The effect of this regulation is that a person may make an application under these Regulations in relation to such residential building work. Part 1.2 Interpretation Division 1 Defined terms 4 Definitions In these Regulations: affected person, for a reviewable decision, see regulation 74(2). -- 7 of 55 -- Chapter 1 Introduction Part 1.2 Interpretation Division 1 Defined terms Building (Resolution of Residential Building Work Disputes) Regulations 2012 2 alleged contravention, in relation to an application, means the contravention of a consumer guarantee specified in the application. alleged defect, in relation to a consumer guarantee dispute application or a technical inspection application, means the non-structural defect or structural defect, specified in the application. alleged defective work, in relation to a consumer guarantee dispute application or technical inspection application, means the residential building work to which the application relates. application means one of the following: (a) a consumer guarantee dispute application; (b) a mediation or conciliation application; (c) a technical inspection application. builder means a residential builder. business day means a day other than a Saturday, Sunday or public holiday. compensation does not include damages as defined in section 3 of the Proportionate Liability Act 2005. compliance period, for a dispute decision, see regulation 35(2). conciliation conference means a conciliation conference under Part 2.3, Division 2. conference means a preliminary conference, mediation conference or conciliation conference. consumer guarantee dispute application means an application made to the Commissioner under section 54FC of the Act. contract means a residential building contract. contravention, of a consumer guarantee, see regulation 8(1). convenor, for a conference, see regulation 46(1). current owner, of land or a residential building, means a current owner mentioned in section 54AD(a) or (b) of the Act. decision maker, for Chapter 4, means the Commissioner or Tribunal. -- 8 of 55 -- Chapter 1 Introduction Part 1.2 Interpretation Division 1 Defined terms Building (Resolution of Residential Building Work Disputes) Regulations 2012 3 Defence Housing Australia means the body (however named) under the Defence Housing Australia Act 1987 (Cth) on which is conferred the function of providing housing for, and related services to, members of the Defence Force. dispute decision, see regulation 32(1). effective period, for a consumer guarantee, see regulation 7(1). legally qualified person includes a person: (a) who is, or has been, a lawyer or legal practitioner; or (b) who has the qualifications to be enrolled as a lawyer or legal practitioner in the Territory. mediation conference means a mediation conference under Part 2.3, Division 2. mediation or conciliation application, see regulation 10. negotiated agreement process means the process under Part 2.3. non-completion, of residential building work, is the failure of a builder to complete the work under the residential contract relating to the work. non-structural defect, in relation to a residential building, see regulation 9(1). notice means a written notice. party means a party to an application. preliminary conference means a conference under Part 2.3, Division 1. prescribed fee means a fee prescribed under regulation 66(3). proceeding means a proceeding started by an application. qualified person, see regulation 55(2)(a). relevant application, for Part 2.4, means a technical inspection application mentioned in regulation 55(1). residential building, see regulation 5(3). -- 9 of 55 -- Chapter 1 Introduction Part 1.2 Interpretation Division 1 Defined terms Building (Resolution of Residential Building Work Disputes) Regulations 2012 4 residential building work, in relation to: (a) a mediation or conciliation application – see regulation 5(1); and (b) a technical inspection application or a consumer guarantee dispute application – see regulation 6(2). respondent means: (a) in a consumer guarantee dispute application – the builder specified in the application; or (b) in a mediation or conciliation application or technical inspection application: (i) if the application is made by the current owner of a residential building – the residential builder specified in the application; or (ii) if the application is made by a residential builder – the current owner of the residential building specified in the application. response, in relation to a consumer guarantee dispute application, means the response mentioned in regulation 24. reviewable decision, see regulation 74(1). specified circumstance, for a consumer guarantee dispute application, see regulation 18(1). structural defect, in relation to a residential building, see regulation 9(2). technical inspection means a technical inspection of alleged defective work as mentioned in section 54FB(4) of the Act. technical inspection application, see regulation 14. technical report means a report following a technical inspection as mentioned in section 54FB(4) of the Act. work means residential building work. -- 10 of 55 -- Chapter 1 Introduction Part 1.2 Interpretation Division 2 Important concepts Building (Resolution of Residential Building Work Disputes) Regulations 2012 5 Division 2 Important concepts 5 Residential building work for mediation or conciliation application (1) For section 54AB(1) of the Act, this regulation prescribes the building work in relation to which a mediation or conciliation application may be made (the residential building work). (2) The residential building work is building work, of any value, in connection with the construction of a residential building. (3) A residential building is any of the following: (a) a Class 1a building; (b) a Class 2 building; (c) a Class 10 building. (4) However, the residential building work does not include any work that does not require a building permit. (5) A reference in this regulation to a residential building of a particular Class is a reference to a building of that Class as specified under the classification of buildings in the Building Code as defined in regulation 2(1) of the Building Regulations 1993. 6 Residential building work for other applications (1) For section 54AB(1) of the Act, this regulation prescribes the building work (the residential building work) in relation to which either of the following applications may be made: (a) a technical inspection application; (b) a consumer guarantee dispute application. (2) The residential building work is building work to which an authorised RBI policy or fidelity certificate applies. 7 Effective period for consumer guarantees (1) For section 54B(2) of the Act, this regulation prescribes the effective period for the consumer guarantees (the effective period) during which a current owner mentioned in section 54BB may make a consumer guarantee dispute application. -- 11 of 55 -- Chapter 1 Introduction Part 1.2 Interpretation Division 2 Important concepts Building (Resolution of Residential Building Work Disputes) Regulations 2012 6 (2) The effective period for a contravention of a consumer guarantee resulting in the non-completion of residential building work under a contract is the period: (a) that starts: (i) if the builder has started to carry out the work – on the day the builder completely ceases to do so; or (ii) if the builder has not started to carry out the work and the contract specifies a starting date – on the specified starting date; or (iii) if the builder has not started to carry out the work and the contract does not specify a starting date – on the date the contract was entered into; and (b) that ends 90 days after the relevant day or date mentioned in paragraph (a). (3) The effective period for a contravention of a consumer guarantee resulting in defective residential building work is the total of the following 2 periods: (a) the construction period mentioned in subregulations (4) and (5); (b) the defect period mentioned in subregulations (6) and (7). (4) Subject to subregulation (5), the construction period is the period: (a) that starts: (i) if there is a contract for the residential building work – on the day the contract is entered into; or (ii) if there is no contract for the work – on the day the building permit is granted for the work; and (b) that ends: (i) if occupancy certification is required for the work – on the day an occupancy permit or certificate of substantial compliance is granted for the work; or (ii) if occupancy certification is not required for the work – on the day the builder has made all the declarations required under the Act in relation to the work. -- 12 of 55 -- Chapter 1 Introduction Part 1.2 Interpretation Division 2 Important concepts Building (Resolution of Residential Building Work Disputes) Regulations 2012 7 (5) If the work mentioned in subregulation (4) is not fully completed before the day the building permit expires, the construction period ends on that day. (6) The defect period starts immediately after the last day of the construction period and, subject to subregulation (7), continues for the following period: (a) for alleged defective work resulting in a non-structural defect – 1 year; (b) for alleged defective work resulting in a structural defect – 6 years. (7) If the current owner becomes aware of the alleged defective work within 30 days before the end of the defect period, the defect period is extended for 30 days after the day on which the owner became aware of the defect. 8 Contravention of consumer guarantees A contravention of the consumer guarantees by a builder occurs if the builder contravenes a consumer guarantee in relation to residential building work the builder: (a) has agreed to carry out; or (b) is carrying out; or (c) has carried out. 9 Non-structural defects and structural defects (1) A non-structural defect, in a residential building, is a defect in a non-structural element of the building as a result of defective residential building work. (2) A structural defect, in a residential building: (a) is a defect in a structural element of the building as a result of defective residential building work; or (b) is a defect, as a result of defective residential building work, that is reasonably likely to cause a defect in a structural element of the building. Example for subregulation (2)(b) A waterproof membrane attached to a wall or floor of a bathroom. -- 13 of 55 -- Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 1 Procedures for mediation or conciliation application Building (Resolution of Residential Building Work Disputes) Regulations 2012 8 (3) In this regulation: non-structural element, of a residential building, means a component of the building that is not a structural element. structural element, of a residential building, means: (a) a load-bearing component of the building (whether internal or external) that is essential to the stability of the building or part of the building; or (b) a component (including weatherproofing) forming part of the external walls or roof of the building. Examples for paragraph (a) A foundation, floor, wall, roof, column or beam. Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 1 Procedures for mediation or conciliation application 10 Mediation or conciliation application A mediation or conciliation application is an application to the Commissioner that: (a) relates to any of the residential building work prescribed by regulation 5(2) and a dispute about that work between: (i) the current owner of the land or residential building to which the application relates; and (ii) the residential builder in relation to the work; and (b) is made by either the owner or the builder; and (c) requests the Commissioner to facilitate a negotiated agreement process between the owner and builder. 11 Making mediation or conciliation application (1) A mediation or conciliation application must be in the approved form. -- 14 of 55 -- Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 1 Procedures for mediation or conciliation application Building (Resolution of Residential Building Work Disputes) Regulations 2012 9 (2) The application must include the following: (a) the name and contact details of the applicant; (b) the name and contact details of the respondent; (c) the location of the land or residential building and a concise description of the residential building work to which the application relates; (d) a concise description of the dispute between the parties to the application; (e) all other information the approved form requires. 12 Consideration of mediation or conciliation application and acceptance (1) Within 10 business days after a mediation or conciliation application is made, or as soon as is reasonably practicable after that time, the Commissioner must decide whether to accept the application. (2) The Commissioner may accept the application only if satisfied: (a) the application relates to residential building work prescribed by regulation 5(1); and (b) the parties to the application are the current owner and residential builder in relation to the work; and (c) the prescribed fee for the application has been paid. (3) If there is insufficient information for the Commissioner to be satisfied about the matters mentioned in subregulation (2), the Commissioner may give the applicant a notice specifying: (a) the further information required; and (b) a reasonable time within which the information must be given. (4) If the Commissioner decides to accept the application, the Commissioner must follow the relevant procedures specified in regulation 40. 13 Decision to reject mediation or conciliation application The Commissioner may decide to reject a mediation or conciliation application. -- 15 of 55 -- Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 2 Procedures for technical inspection application Building (Resolution of Residential Building Work Disputes) Regulations 2012 10 Division 2 Procedures for technical inspection application 14 Technical inspection application A technical inspection application is an application to the Commissioner under section 54FB(3) of the Act that: (a) relates to any of the residential building work prescribed by regulation 6(2) that is alleged to be defective work; and (b) is made by either the current owner or builder in relation to the work; and (c) requests the Commissioner to appoint a qualified person in relation to the alleged defective work. 15 Making technical inspection application (1) A technical inspection application must be: (a) in the approved form; and (b) made within the effective period for the consumer guarantee relevant to the alleged defective work described in the application; and (c) accompanied by the prescribed fee for the application. (2) The application must include the following: (a) the name and contact details of the applicant; (b) the name and contact details of the respondent; (c) the location of the residential building and a concise description of the residential building work to which the application relates; (d) a concise description of the alleged defective work and whether an alleged defect is non-structural or structural; (e) all the other information the approved form requires. (3) The applicant must give a copy of the application to the respondent no later than 5 business days after the application is made. -- 16 of 55 -- Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 3 Procedures for consumer guarantee dispute application Building (Resolution of Residential Building Work Disputes) Regulations 2012 11 16 Consideration of technical inspection application and acceptance (1) Within 10 business days after a technical inspection application is made, or as soon as is reasonably practicable after that time, the Commissioner must decide whether to accept the application. (2) The Commissioner may accept the application only if satisfied: (a) the application relates to the residential building work prescribed by regulation 6(2); and (b) the parties specified in the application are the current owner and builder in relation to the alleged defective building work; and (c) the application has been made within the effective period for the consumer guarantee relevant to the alleged defective work specified in the application; and (d) the prescribed fee for the application has been paid. (3) If there is insufficient information for the Commissioner to be satisfied about the matters mentioned in subregulation (2), the Commissioner may give the applicant a notice specifying: (a) the further information required; and (b) a reasonable time within which the information must be given. (4) If the Commissioner decides to accept the application, the Commissioner must follow the relevant procedures specified in regulation 55. 17 Decision to reject technical inspection application The Commissioner may decide to reject a technical inspection application. Division 3 Procedures for consumer guarantee dispute application 18 Specified circumstance for consumer guarantee dispute application (1) For section 54FC(2)(b) of the Act, the specified circumstance for a consumer guarantee dispute is that there must be no contractual relationship between the current owner and builder in relation to the residential building work to which the dispute relates. -- 17 of 55 -- Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 3 Procedures for consumer guarantee dispute application Building (Resolution of Residential Building Work Disputes) Regulations 2012 12 (2) If the current owner making a consumer guarantee dispute application is the contracting owner in relation to the residential building work, the contractual relationship between the parties to the application is taken to have ended if: (a) the residential building work has been completed under the contract and the parties consider the contractual obligations have been fulfilled; or (b) regardless of whether the residential building work has been completed under the contract – there is a dispute between the parties about an alleged contravention and the relationship between the parties has broken down irretrievably. (3) For subregulation (2)(b), it is not necessary for the contract to have been terminated at law. 19 Making consumer guarantee dispute application (1) A consumer guarantee dispute application must include the following information: (a) the name and contact details of the applicant; (b) if known – the name and contact details of the builder; (c) if the applicant is unable to locate the builder – a statement to that effect and concise details of the steps taken to locate the builder; (d) a statement that there is no contractual relationship between the applicant and the respondent and the facts to support the statement; (e) the location of the land or residential building and a concise description of the residential building work, as prescribed by regulation 6(1), to which the dispute relates; (f) a concise description of the alleged contravention; (g) if the contravention relates to alleged defective work – a description of the work and whether an alleged defect is non-structural or structural; (h) the date on which the applicant first became aware of the alleged contravention; -- 18 of 55 -- Chapter 2 Applications to Commissioner Part 2.1 Making applications and decisions about acceptance Division 3 Procedures for consumer guarantee dispute application Building (Resolution of Residential Building Work Disputes) Regulations 2012 13 (i) if the applicant has previously made a consumer guarantee dispute application in relation to the same respondent and the same residential building work (the previous application) – concise details of the alleged contravention specified in that application and the outcome of that application; (j) all the other information the approved form requires. Note for subregulation (1)(b) and (c) The name and location of the builder may not be known to the current owner of the residential building if the owner is a successor in title to the contracting owner. (2) The application must be accompanied by the prescribed fee. (3) For subregulation (1)(i), the applicant is not prevented from making a further consumer guarantee dispute application in relation to the same residential building work if: (a) the further alleged contravention is different from the alleged contravention specified in the previous application; and (b) the previous application has been decided or otherwise concluded; and (c) the further application relates to an alleged contravention the applicant was not aware of, and could not reasonably have been aware of, at the time of that decision or conclusion. 20 Decision whether to accept consumer guarantee dispute application (1) Within 10 business days after a consumer guarantee dispute application is made, or as soon as is reasonably practicable after that time, the Commissioner must decide whether to accept the application. (2) The Commissioner may accept the application only if satisfied about the following: (a) the application relates to the residential building work prescribed by regulation 6(2); (b) the parties specified in the application are the current owner and builder in relation to the specified residential building work; (c) the specified circumstance for the application exists; -- 19 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 14 (d) the application has been made within the effective period relevant to the alleged contravention; (e) the matter in dispute has not previously been the subject of a consumer guarantee dispute application for which a decision has been made by the Commissioner or Tribunal; (f) the prescribed fee for the application has been paid. (3) If there is insufficient information for the Commissioner to be satisfied about the matters mentioned in subregulation (2), the Commissioner may give the applicant a notice specifying: (a) the further information required and whether any of the information is to be given by statutory declaration; and (b) a reasonable time within which the information must be given. (4) For the Commissioner to be satisfied about the matter mentioned in subregulation (2)(c), the Commissioner is not required to decide whether the contract has been terminated at law. (5) If the Commissioner is satisfied about the matter mentioned in subregulation (2)(c), a party to the application is not entitled to rely on the acceptance of the application as a basis to assert the contract between the parties has been legally terminated. (6) If the Commissioner decides to accept the application, the Commissioner must follow the procedures under Part 2.2, Division 1. 21 Decision to reject consumer guarantee dispute application The Commissioner may decide to reject a consumer guarantee dispute application. Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision 22 Assistance to locate respondent If the applicant in a consumer guarantee dispute application is unable to locate the respondent, the Commissioner may take any steps the Commissioner considers reasonable to locate the respondent. -- 20 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 15 23 Procedure after acceptance of application (1) As soon as practicable after accepting a consumer guarantee dispute application, the Commissioner must give the respondent: (a) a copy of the application; and (b) a notice, in the approved form, that includes the following: (i) a statement that the Commissioner has accepted the application; (ii) a statement that the respondent may, in accordance with regulation 24, respond to the matters included in the application within the time specified in the notice; (iii) information about the procedures relevant to the application under this Part; (iv) information about the negotiated agreement process and the provisions relating to a technical inspection and technical report; (v) a request as to whether the respondent agrees to participate in the negotiated agreement process; (vi) a statement that the respondent is not precluded from applying to a court, tribunal or administrative body in relation to a claim against the applicant that is not related to a consumer guarantee dispute. Example for subregulation (1)(b)(vi) A claim alleging a breach of contract by the applicant. (2) The time mentioned in subregulation (1)(b)(ii) must be reasonable, taking into account the apparent level of complexity of the matters specified in the application. (3) The Commissioner must also give the applicant a notice, in the approved form, that includes the following information: (a) a statement that the Commissioner has accepted the application; (b) a statement that the Commissioner has given the respondent a notice: (i) informing the respondent of the right to respond to the matters specified in the application; and -- 21 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 16 (ii) requesting whether the respondent agrees to participate in the negotiated agreement process; (c) the time the Commissioner has allowed for the response to the matters specified in the application; (d) information about the procedures relevant to the application under this Part; (e) information about the negotiated agreement process and the provisions relating to a technical inspection and report; (f) a request as to whether the applicant agrees to participate in the negotiated agreement process. 24 Response to application (1) A response by a respondent to a consumer guarantee dispute application must be in writing and include the following: (a) a statement about any matters specified in the application that are disputed or rejected by the respondent; (b) any submission or documents relevant to the application; (c) a statement as to whether the respondent agrees to participate in the negotiated agreement process. (2) The respondent may dispute or reject an alleged contravention on the basis that the contravention occurred because the respondent carried out instructions given by the applicant contrary to the respondent's written advice. (3) The respondent may apply to the Commissioner for an extension of time within which to respond to the application. (4) The respondent must give the response to the Commissioner, and a copy to the applicant, within the time allowed by the Commissioner under regulation 23(1)(b)(ii) or subregulation (3). 25 Procedure if response given (1) As soon as practicable after the Commissioner receives a response to a consumer guarantee dispute application, the Commissioner must take action under this regulation. (2) If both parties have agreed to participate in the negotiated agreement process, the Commissioner must follow the procedures in regulation 41. -- 22 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 17 (3) If one or both parties do not agree to participate in the negotiated agreement process, the Commissioner may do any of the following: (a) give one or both of the parties a notice requiring further submissions to be made or further information to be given (which may be by statutory declaration); (b) decide to hold a directions hearing and give each party a notice of the date, time and place of the hearing; (c) fix a date, time and place for a hearing of the application and give the parties a notice of those details; (d) refer a question of law or the application to the Tribunal under regulation 31. 26 Failure to give response If the respondent does not give the Commissioner a response within the time mentioned in regulation 24(3), the Commissioner must: (a) fix a time and place for a hearing of the application; and (b) give the applicant and respondent a notice about the hearing and the reasons for it. 27 Conducting proceeding Without limiting regulation 67(2), the Commissioner may do any of the following at any stage of a proceeding for a consumer guarantee dispute application: (a) with the agreement of the parties – arrange for a conference to be held to facilitate the negotiated agreement process; (b) on the application of a party and payment of the prescribed fee – appoint a qualified person to conduct a technical inspection and give a technical report relating to any of the alleged defective work specified in the application; (c) hold a directions hearing; (d) adjourn the proceeding until conditions fixed by the Commissioner are met; (e) fix a period within which an action in the proceeding is to be taken; -- 23 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 18 (f) extend a period within which an action in the proceeding is to be taken, whether or not the period has expired; (g) allow an amendment of an application or another document as the Commissioner considers appropriate; (h) fix a time and place for hearing the application. 28 Directions hearing (1) At a directions hearing for a consumer guarantee dispute application, the Commissioner may give directions on any matters in the proceeding as the Commissioner considers appropriate. (2) Without limiting subregulation (1), the directions may relate to any of the following matters: (a) the requirement for a party to do any of the following: (i) make a written submission; (ii) make a statutory declaration; (iii) give other information or documents; (b) the place and time of the hearing of the application; (c) the way in which the hearing is to be conducted. 29 Conducting hearing (1) The Commissioner may conduct a hearing for a consumer guarantee dispute application in the way the Commissioner considers appropriate, including by hearing the application in private or public or in the absence of a party. (2) The Commissioner may conduct one hearing for multiple consumer guarantee dispute applications if the Commissioner considers it appropriate to do so. Example for subregulation (2) The applications relate to alleged contraventions by the same respondent. (3) The Commissioner may dismiss a consumer guarantee dispute application if the applicant is absent from the hearing without a reasonable excuse. -- 24 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 1 Procedures before making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 19 30 Evidence at hearing (1) The Commissioner has the following powers in conducting a hearing for a consumer guarantee dispute application: (a) by summons, to require a person to attend before the Commissioner; (b) by summons, to require the production of documents; (c) to inspect documents produced to the Commissioner, retain the documents for a reasonable period and make copies of any of the contents; (d) to require a person appearing before the Commissioner to do one or both of the following: (i) give evidence on oath; (ii) whether summonsed to appear or not – answer relevant questions put by the Commissioner or a person appearing before the Commissioner; (e) to receive in evidence a transcript of evidence in a proceeding before a court, tribunal or administrative body and draw conclusions of fact from that evidence. (2) Without limiting subregulation (1), the Commissioner may require: (a) the qualified person for the application, and any expert mentioned in regulation 59, to give evidence in the hearing; and (b) a technical report and any report given by the expert to be produced as evidence. (3) A person must comply with a requirement given to the person under this regulation. Maximum penalty: 100 penalty units. 31 Referrals to Tribunal (1) At any stage of a proceeding for a consumer guarantee dispute application, including during the hearing, the Commissioner may refer a question of law to the Tribunal for its determination. -- 25 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 2 Making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 20 (2) At any stage of a proceeding for a consumer guarantee dispute application, other than at the hearing, the Commissioner may refer the application to the Tribunal for its consideration and decision if: (a) the application involves complex questions of fact or law (or both); and (b) the Commissioner is of the opinion that the application should be dealt with by the Tribunal. (3) The Commissioner must: (a) give a notice of a referral under this regulation to the parties to the application; and (b) give the Tribunal all the relevant information about the proceeding. Division 2 Making dispute decision 32 Dispute decisions generally (1) The Commissioner may make one of the following decisions in a consumer guarantee dispute application (a dispute decision): (a) the respondent has contravened all of the consumer guarantees as alleged in the application; (b) the respondent has contravened some of the consumer guarantees as alleged in the application; (c) the respondent has not contravened any of the consumer guarantees as alleged in the application and the application is dismissed. (2) A dispute decision made under subregulation (1)(a) or (b) may include any of the orders mentioned in regulations 33 to 35 as relevant. (3) The Commissioner must refer a dispute decision made under subregulation (1)(a) or (b) to the Tribunal if: (a) the Commissioner has decided it is appropriate in the circumstances to make an order for the respondent to pay compensation to the applicant; and (b) the amount of compensation assessed to be payable exceeds $100 000. -- 26 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 2 Making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 21 33 Orders relating to non-completion of work (1) If a dispute decision relates to a contravention of a consumer guarantee because of the non-completion of work, the Commissioner may order the respondent to complete the work. (2) However, if the Commissioner is satisfied there are circumstances that make an order for completion impracticable, the Commissioner may order the respondent to pay a specified amount, not exceeding $100 000, as compensation to the applicant. 34 Orders relating to defective work (1) If a dispute decision relates to a contravention of a consumer guarantee because of defective work, the Commissioner may order the respondent to rectify the work, including rectification in a way recommended by: (a) the technical report given by a qualified person; or (b) any other person who gave evidence about the matter to the Commissioner. (2) However, if the Commissioner is satisfied there are circumstances that make an order for rectification impracticable, the Commissioner may order the respondent to pay a specified amount, not exceeding $100 000, as compensation to the applicant. (3) If the dispute decision orders the respondent to rectify the defective work, the Commissioner may also require: (a) the applicant to engage a suitably qualified person to inspect the rectified work; and (b) the respondent to pay the reasonable costs of the inspection incurred by the applicant. (4) A respondent who is ordered by the Commissioner to rectify defective work may comply with the requirement by engaging another suitably qualified residential builder to complete the work. 35 Compliance period and order to notify compliance (1) This regulation applies if a dispute decision includes an order for the respondent to: (a) rectify defective work; or (b) complete residential building work within a time specified by the Commissioner; or -- 27 of 55 -- Chapter 2 Applications to Commissioner Part 2.2 Procedures for consumer guarantee dispute applications accepted by Commissioner Division 2 Making dispute decision Building (Resolution of Residential Building Work Disputes) Regulations 2012 22 (c) pay compensation to the applicant. (2) The Commissioner must specify a reasonable period for compliance with the order (a compliance period), which must not be less than 25 business days after the date of the decision. Note for subregulation (2) The compliance period takes into account the period allowed for a review of the dispute decision. (3) The decision must also: (a) order the respondent to give the Commissioner a notice confirming compliance with the order as soon as practicable after compliance and no later than 5 business days after the end of the compliance period; and (b) include information about the matters mentioned in Chapter 4. 37 Publication of dispute decision (1) The Commissioner may publish a dispute decision: (a) if the period for applying for a review of the decision has expired and no application has been made – after the expiry of that period; or (b) if an application for a review of the decision has been made – after the Tribunal has decided the application. (2) The publication of a dispute decision must include details about the outcome of the consumer guarantee dispute application for which the decision was made. Examples of outcomes for subregulation (2) 1 In relation to work found to be defective – whether the builder rectified or completed the defective work or paid the compensation as ordered and whether that was done within the compliance period specified in the dispute decision. 2 In relation to work found not to be defective – whether the dispute decision was varied or set aside by the Tribunal and, if so, a brief description of the Tribunal's decision. (3) Publication of a dispute decision may be in any form the Commissioner considers appropriate, including on the Internet. (4) A dispute decision published on the Internet is to be removed 5 years after publication. -- 28 of 55 -- Chapter 2 Applications to Commissioner Part 2.3 Negotiated agreement process Division 1 Preliminary conference Building (Resolution of Residential Building Work Disputes) Regulations 2012 23 38 No liability for publication of report in good faith (1) A person is not civilly or criminally liable for publishing, in good faith for the information of the public, a fair and accurate report of matters before the Commissioner at a public hearing of a consumer guarantee dispute application. (2) A report mentioned in subregulation (1) is taken to be published in good faith for the information of the public if the publication was not actuated by ill-will towards a person defamed or by another improper motive. Part 2.3 Negotiated agreement process Division 1 Preliminary conference 39 Application of Division This Division applies if one of the following circumstances applies: (a) the Commissioner has accepted a mediation or conciliation application under regulation 12; (b) both parties to a technical inspection application or consumer guarantee dispute application have agreed to participate in the negotiated agreement process. 40 Procedure for mediation or conciliation application (1) As soon as practicable after accepting a mediation or conciliation application, the Commissioner must give the respondent: (a) a copy of the application; and (b) a notice, in the approved form, that includes the following: (i) a statement that the Commissioner has accepted the application; (ii) a request as to whether the respondent agrees to participate in the negotiated agreement process; (iii) a statement that if the respondent agrees to participate, the respondent must complete and return the relevant part of the form within 5 business days after receiving the notice; (iv) information about the negotiated agreement process. -- 29 of 55 -- Chapter 2 Applications to Commissioner Part 2.3 Negotiated agreement process Division 1 Preliminary conference Building (Resolution of Residential Building Work Disputes) Regulations 2012 24 (2) The Commissioner must give the applicant a copy of the notice given to the respondent. 41 Facilitating preliminary conference for any application As soon as practicable after both parties to an application have agreed to participate in the negotiated agreement process, the Commissioner must: (a) decide who will be the convenor for the preliminary conference; and (b) fix a time and place for the conference; and (c) give the parties a notice that includes the following information: (i) the time and place at which the conference is to be held; (ii) the matters mentioned in this Part about the purpose of, and attendance at, the conference; (iii) all relevant information about the negotiated agreement process. 42 Purpose of preliminary conference and role of convenor (1) The purpose of the preliminary conference is to enable the convenor of the conference to: (a) give information to ensure the parties to the relevant application are fully aware of their rights and obligations under the Act; and (b) encourage full and open communication between the parties about the matters in dispute between them; and (c) encourage the parties to: (i) reach agreement about the facts relevant to the matters in dispute; and (ii) consider options for reaching agreement about the matters in dispute; and (d) explain to the parties the different purposes of a mediation conference and conciliation conference; and -- 30 of 55 -- Chapter 2 Applications to Commissioner Part 2.3 Negotiated agreement process Division 2 Mediation conference and conciliation conference Building (Resolution of Residential Building Work Disputes) Regulations 2012 25 (e) with the agreement of the parties – arrange for their attendance at a mediation conference or conciliation conference (unless the parties have reached agreement at the preliminary conference). (2) The convener may provide advice on the matters in dispute and suggest options for reaching agreement about those matters. Division 2 Mediation conference and conciliation conference 43 Facilitating mediation conference or conciliation conference As soon as practicable after both parties to an application have agreed to participate in a mediation conference or conciliation conference, the Commissioner must: (a) decide who will be the convenor for the conference; and (b) fix a time and place for the conference; and (c) give the parties a notice that includes the following information: (i) the time and place at which the conference is to be held; (ii) the matters mentioned in this Part about the purpose of, and attendance at, the conference; (iii) any other relevant information. 44 Purpose of mediation conference and role of convenor (1) The purpose of a mediation conference is to provide for a process in which the parties to an application are able to: (a) identify the matters in dispute; and (b) develop options, consider alternatives, and attempt in good faith to reach an agreement. (2) In conducting the conference, the convenor must apply the principles of natural justice and, in particular, must: (a) give each party every opportunity to be heard; and (b) allow proper consideration by each party of any written statement submitted by the other party. -- 31 of 55 -- Chapter 2 Applications to Commissioner Part 2.3 Negotiated agreement process Division 3 General provisions Building (Resolution of Residential Building Work Disputes) Regulations 2012 26 (3) The convenor: (a) acts only as a facilitator at the conference; and (b) has no advisory role about the matter in dispute; and (c) must not decide the matter in dispute. (4) However, the convenor may advise on, or decide, the process of mediation for resolution of the dispute. 45 Purpose of conciliation conference and role of convenor (1) The purpose of a conciliation conference is to enable the parties to an application, with the assistance of the convenor, to negotiate an agreement about the matters in dispute between the parties. (2) The convenor for the conference may give advice to the parties about possible options for resolving the matters in dispute. Division 3 General provisions 46 Convenor for conference (1) The convenor for a conference is one of the following persons: (a) for a preliminary conference – the Commissioner or a delegate of the Commissioner; (b) for a mediation conference – a person who has the relevant qualifications to conduct mediation; (c) for a conciliation conference – a person who has the relevant qualifications to conduct conciliation in relation to the matters in dispute. (2) The convenor for a conciliation conference must have knowledge of one or both of the following, as appropriate: (a) the rights and obligations of the parties in relation to the matters in dispute; (b) matters relevant to residential building work. (3) In relation to a consumer guarantee dispute application, the convenor for a mediation conference or conciliation conference must not take any further part in the proceeding for the application unless both parties agree. -- 32 of 55 -- Chapter 2 Applications to Commissioner Part 2.3 Negotiated agreement process Division 3 General provisions Building (Resolution of Residential Building Work Disputes) Regulations 2012 27 47 Attendance at conference (1) The parties to an application in relation to which a conference is held must attend the conference. (2) A party that is a body corporate may be represented at the conference by an officer or employee of the body corporate. (3) A party attending the conference must not be represented by a legally qualified person unless: (a) the other party agrees to the representation; or (b) the convenor is of the opinion that neither party will be disadvantaged by the representation. (4) A party may be represented by a person who is not legally qualified if: (a) both parties have agreed to the representation and the convenor is satisfied: (i) the representation will not unfairly disadvantage an unrepresented party; or (ii) if the appropriate information or assistance (or both) can be given by the convenor to an unrepresented party – the unrepresented party will not be unfairly disadvantaged; or (b) the convenor is satisfied the party is unable, without assistance, to make a proper contribution towards achieving the purpose of the conference. 48 Place for holding conference (1) Subject to subregulation (2), a conference may be held at any place the Commissioner considers appropriate. (2) Only a conciliation conference may be held at the location of the residential building work to which the application relates. 49 Conference not open to public A conference must not be open to the public. -- 33 of 55 -- Chapter 2 Applications to Commissioner Part 2.3 Negotiated agreement process Division 3 General provisions Building (Resolution of Residential Building Work Disputes) Regulations 2012 28 50 Record of conference and outcomes (1) At a conference, the convenor must make a written record of the following matters in relation to the application: (a) the parties; (b) the matters in dispute; (c) the outcome of the conference. (2) The record must not include any details of the discussions at the conference. (3) If agreement is reached on any matter at the conference, the convenor must: (a) make a written record of: (i) the details of the agreement; and (ii) the names of the parties; and (b) have the record signed by the parties; and (c) explain to the parties the effect of the agreement as mentioned in regulation 51. (4) If the parties do not reach agreement at a conference, the convenor must explain to the parties the procedures relevant to the application under regulation 52. 51 Effect of agreement and related decision (1) An agreement recorded at a conference is binding on the parties. (2) If the convenor for the conference is the Commissioner, he or she may make a decision at the conference in accordance with the agreement (a negotiated agreement decision). (3) If the convenor for the conference is not the Commissioner, the convenor must give the Commissioner a copy of the agreement and the Commissioner may make a negotiated agreement decision in accordance with the agreement. (4) Chapter 4 applies in relation to the enforcement and contravention of a negotiated agreement decision as if the decision were a dispute decision. -- 34 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 1 Appointment of qualified person and technical inspection Building (Resolution of Residential Building Work Disputes) Regulations 2012 29 52 Effect if no agreement reached (1) If the parties to an application do not reach agreement at a conference, the convenor (if not the Commissioner) must give the Commissioner a notice of that fact and give a copy to each party. (2) If the conference is held for a mediation or conciliation application, or a technical inspection application made under regulation 15, the Commissioner: (a) need take no further action in relation to the application; and (b) must give the parties a notice to that effect. (3) The notice under subregulation (2) may include information about other processes that may be available to the parties for resolving the dispute. (4) If the conference is held for a consumer guarantee dispute application, the Commissioner must continue to deal with the application under Part 2.2. 53 Restriction on evidence Evidence of anything said or done in the course of a conference is inadmissible in a proceeding under these Regulations or before a court, except with the consent of all parties to the proceeding. 54 Confidentiality The convenor for a conference must not disclose to another person (including the Commissioner) information obtained in the course of the conference, except with the consent of all parties to the conference or in the course of the convenor's duties under these Regulations. Maximum penalty: 100 penalty units. Part 2.4 Technical inspection and technical report Division 1 Appointment of qualified person and technical inspection 55 Appointment of qualified person (1) This regulation applies if: (a) the Commissioner decides to accept a technical inspection application under regulation 16; or -- 35 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 1 Appointment of qualified person and technical inspection Building (Resolution of Residential Building Work Disputes) Regulations 2012 30 (b) at any stage of a proceeding for a consumer guarantee dispute application a party to the application has made a technical inspection application. (2) The Commissioner must, as soon as practicable: (a) appoint an individual (a qualified person), as mentioned in section 54FB(4) of the Act, to conduct a technical inspection and give a report relating to the alleged defective work specified in the relevant application; and (b) give the parties to the relevant application a notice of the appointment and the name and contact details of the qualified person. (3) The Commissioner must ensure that the individual appointed as the qualified person has the relevant qualifications and expertise to conduct the technical inspection. (4) The appointment of a qualified person must specify: (a) the alleged defective work the person is appointed to inspect; and (b) the functions and powers of the qualified person. 56 Entry to conduct technical inspection and presence of parties (1) For obtaining entry to the residential building to conduct a technical inspection of the alleged defective work, the qualified person must make all reasonable efforts to: (a) arrange with the current owner of the building a suitable time for the inspection; and (b) give the builder who carried out the alleged defective work, or a person nominated by the builder, reasonable notice before conducting the inspection. (2) The qualified person must also give the following persons the opportunity to be present during the technical inspection: (a) the current owner; (b) the builder or a person nominated by the builder. -- 36 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 1 Appointment of qualified person and technical inspection Building (Resolution of Residential Building Work Disputes) Regulations 2012 31 57 Conducting technical inspection (1) In conducting a technical inspection, the qualified person may take any action that is reasonably required to properly assess the alleged defective work, including any of the following: (a) subject to regulation 56 – enter the residential building and the land on which the building is situated; (b) take photographs and make video recordings, sketches and other records; (c) take samples of anything on, or in connection with, the building for analysis or testing; (d) with the written agreement of the applicant in the relevant application – conduct tests that may have a significant impact on the building or land (for example, by demolishing, opening or cutting into the building). (2) The agreement mentioned in subregulation (1)(d) must also include an agreement that the applicant in the relevant application will pay for any costs associated with conducting the tests. (3) If, at the time the qualified person is conducting the technical inspection, either party to the relevant application is at the residential building or on the land where the residential building is situated, the qualified person may: (a) ask questions of the party; and (b) request the party for assistance in conducting the inspection. (4) The qualified person must take into account whether the alleged defective work has been carried out in compliance with the Act, the Building Regulations 1993 and any standards or guidelines relevant to the work. (5) The qualified person must: (a) confine the technical inspection to the alleged defective work; and (b) act impartially in conducting the inspection. -- 37 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 1 Appointment of qualified person and technical inspection Building (Resolution of Residential Building Work Disputes) Regulations 2012 32 58 Additional defective work found during technical inspection (1) This regulation applies if, when conducting the technical inspection, the qualified person becomes aware of residential building work: (a) that is defective; and (b) that was carried out by the same builder; and (c) that is not specified in the relevant application as alleged defective work. (2) The qualified person must give a notice, in the approved form, to the Commissioner and the parties to the relevant application. (3) The party who made the relevant application may, within 5 business days after being given the notice by the qualified person: (a) in the approved form, amend the relevant application to include the work as additional alleged defective work; and (b) give the notice to the Commissioner and a copy to the qualified person and the other party. (4) After receiving the copy of the notice, the qualified person may conduct a technical inspection of the additional alleged defective work. (5) If the relevant application was made in a proceeding for a consumer guarantee dispute application, either party: (a) may give the Commissioner further submissions or information relevant to the additional alleged defective work; and (b) if a party does so – must give copies to the other party. 59 Obtaining additional expert investigation and report (1) This regulation applies if the qualified person forms the opinion that the nature of particular alleged defective work requires investigation and a report by a person with particular technical expertise. (2) The qualified person must give a notice of that fact, in the approved form, to the Commissioner and the parties to the relevant application. (3) Either party may, at the party's own cost, engage a person with the relevant technical expertise to investigate the alleged defective work and give the other party a report about the work. -- 38 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 2 Technical report by qualified person Building (Resolution of Residential Building Work Disputes) Regulations 2012 33 (4) A party who engages a person under subregulation (3) must give notice of that fact, in the approved form, to the Commissioner and the other party. 60 Notice to building certifier (1) This regulation applies if the qualified person considers the builder has carried out the alleged defective work in contravention of the Act, the Building Regulations 1993 or any standards or guidelines relevant to the work. (2) The qualified person must, as soon as practicable, notify the building certifier for the work: (a) of the details of the contravention; and (b) that the contravention will be specified in a technical report given to the Commissioner. 61 Offences relating to technical inspection (1) A person must not, without reasonable excuse: (a) prevent a qualified person from carrying out a technical inspection; or (b) obstruct a qualified person when conducting an inspection; or (c) fail to answer a question asked by a qualified person in relation to an inspection; or (d) fail to provide assistance to a qualified person during an inspection when requested to do so. Maximum penalty: 100 penalty units. (2) In this regulation: obstruct includes resist and hinder. Division 2 Technical report by qualified person 62 Giving technical report to Commissioner (1) As soon as practicable after completing the technical inspection, the qualified person must prepare the technical report and give it to the Commissioner. -- 39 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 2 Technical report by qualified person Building (Resolution of Residential Building Work Disputes) Regulations 2012 34 (2) The technical report must be in writing and must specify: (a) whether the qualified person is of the opinion that any or all of the alleged defective work is defective; or (b) whether the qualified person is unable to form such an opinion. (3) If the qualified person forms the opinion that any or all of the alleged defective work is defective, the qualified person must include in the report: (a) details of the defective work; and (b) recommendations about how the defective work can be rectified. (4) If the qualified person considers the builder has contravened the Act, the Building Regulations 1993 or any standards or guidelines relevant to the work, the qualified person must include in the technical report: (a) a statement of the opinion; and (b) the facts on which the opinion is based; and (c) confirmation that the qualified person has notified the building certifier under regulation 60. (5) If the applicant in the relevant application did not agree to a test mentioned in regulation 69(1)(d), and the qualified person considers the test was necessary to finalise the technical report, the qualified person: (a) must specify that fact in the report; and (b) if relevant – may specify there is inadequate evidence from the visual inspection to reach a conclusion about whether the alleged defective work is actually defective. 63 Giving technical report and notice to parties As soon as practicable after being given a technical report for a relevant application, the Commissioner must consider the report and give the parties to the application: (a) a copy of the report; and -- 40 of 55 -- Chapter 2 Applications to Commissioner Part 2.4 Technical inspection and technical report Division 2 Technical report by qualified person Building (Resolution of Residential Building Work Disputes) Regulations 2012 35 (b) a notice of the Commissioner's opinion in relation to the report and the procedures relevant to the application as specified in regulation 64 or 65. 64 Technical inspection application other than for consumer guarantee dispute application (1) This regulation applies if the technical report is given in relation to a technical inspection application made under regulation 15. (2) If the report does not identify any defective work as alleged in the application, the Commissioner: (a) need take no further action in relation to the application; and (b) must give the parties a notice to that effect. (3) If the report identifies defective work: (a) the builder who carried out the defective work may rectify the work in a way that is recommended in the report; or (b) the parties may agree to participate in the negotiated agreement process; or (c) if the defective work can be the subject of a consumer guarantee dispute – the current owner in relation to the work may make a consumer guarantee dispute application; or (d) if paragraphs (a) to (c) do not apply – the current owner in relation to the work may seek a remedy under another law in force in the Territory. 65 Technical inspection application made for consumer guarantee dispute application (1) This regulation applies if the technical report is given in relation to a consumer guarantee dispute application. (2) The Commissioner may dismiss the application under Part 2.2, Division 2 only if: (a) the report does not identify any defective work as alleged in the application; and (b) the application does not also allege another contravention of the consumer guarantees (for example, non-completion of work). -- 41 of 55 -- Chapter 2 Applications to Commissioner Part 2.5 General procedures for all applications Building (Resolution of Residential Building Work Disputes) Regulations 2012 36 Part 2.5 General procedures for all applications 66 Lodgment and fees (1) Any application or other document required to be made or given to the Commissioner must be lodged at an office of the Commissioner. (2) An application or document may be lodged: (a) personally or by post; or (b) by another method acceptable to the Commissioner. (3) Schedule 1 prescribes the fee payable for making an application mentioned in the Schedule. 67 General conduct of proceeding (1) The Commissioner may conduct any part of a proceeding at the time and in the place the Commissioner considers appropriate in the circumstances. (2) Subject to section 54FD of the Act and these Regulations, the Commissioner may decide the procedure to be followed in a proceeding and may give directions and do all things the Commissioner considers necessary or expedient in the proceeding. 68 Representation of party (1) A party to an application is not entitled to be represented by a legally qualified person unless: (a) the other party agrees to the representation; or (b) the Commissioner is of the opinion that neither party will be disadvantaged by the representation. (2) A party that is a body corporate may be represented by an officer or employee of the body corporate. (3) A party may be represented by a person who is not legally qualified if: (a) both parties have agreed to the representation and the convenor is satisfied: (i) the representation will not unfairly disadvantage an unrepresented party; or -- 42 of 55 -- Chapter 2 Applications to Commissioner Part 2.5 General procedures for all applications Building (Resolution of Residential Building Work Disputes) Regulations 2012 37 (ii) if the appropriate information or assistance (or both) can be given by the Commissioner to an unrepresented party – the unrepresented party will not be unfairly disadvantaged; or (b) the Commissioner is satisfied the party is unable, without assistance, to make a proper contribution towards achieving the purpose of the conference. 69 Power to amend where defect or error in form (1) A document given to a party by the Commissioner is not invalid because of a defect or error in its form alone. (2) The Commissioner may amend a document to correct a defect or error in its form. 70 Effect of non-compliance with procedures A failure to comply with the procedures specified in these Regulations is an irregularity and does not nullify: (a) a proceeding; or (b) a step taken, document used or order made in a proceeding. 71 Withdrawal of application An application may be withdrawn by the applicant at any time during the proceeding. 72 Costs (1) Subject to this regulation, a party to a proceeding must bear that party's own costs in the proceeding. (2) The Commissioner may require a party to pay the other party's reasonable administrative disbursements in connection with the proceeding (for example, photocopying costs). (3) In addition, if the circumstances warrant it, the Commissioner may direct a party to pay the reasonable costs of the other party incurred in relation to any of the following: (a) a technical inspection and technical report; (b) an investigation and report of an expert mentioned in regulation 59. -- 43 of 55 -- Chapter 3 Proceedings before Tribunal Part 3.3 Referrals to Tribunal by Commissioner Building (Resolution of Residential Building Work Disputes) Regulations 2012 38 73 Contempt A person must not: (a) threaten, intimidate or insult the Commissioner in the performance of the functions or exercise of the powers of the office under these Regulations; or (b) interrupt, obstruct or hinder a proceeding; or (c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Commissioner is conducting a proceeding. Maximum penalty: 100 penalty units. Chapter 3 Proceedings before Tribunal Part 3.1 Reviews of Commissioner's decisions 74 Reviewable decision and affected person (1) The Tribunal has review jurisdiction in relation to a decision (a reviewable decision) mentioned in Schedule 2. (2) An affected person, for a reviewable decision, is a person mentioned in Schedule 2 for the decision. Part 3.3 Referrals to Tribunal by Commissioner 85 Questions of law (1) This regulation applies if, under regulation 31(1), the Commissioner refers a question of law in a consumer guarantee dispute application to the Tribunal for its determination. (2) After making the determination, the Tribunal may: (a) refer the matter back to the Commissioner to continue dealing with the application; or (b) if the Tribunal considers the complexity of the application warrants it: (i) decide to deal with the application; and (ii) give the Commissioner a notice of the decision. -- 44 of 55 -- Chapter 4 Enforcement of decisions and consequences of contraventions Part 4.1 Enforcement of decisions Building (Resolution of Residential Building Work Disputes) Regulations 2012 39 86 Complex proceedings (1) This regulation applies if: (a) under regulation 31(2), the Commissioner refers a consumer guarantee dispute application to the Tribunal; or (b) under regulation 85(2)(b)(i), the Tribunal decides to deal with a consumer guarantee dispute application. (2) In dealing with the application, the Tribunal may exercise the powers of the Commissioner under these Regulations. (3) However, if the Tribunal's decision includes an order that the builder must pay compensation to the current owner, the amount ordered to be paid may exceed $100 000. (4) To avoid doubt, if the Tribunal's decision includes an order mentioned in regulation 35(3)(a), the builder must give the notice about compliance to the Commissioner and not to the Tribunal. (5) The Tribunal must give the Commissioner a copy of its decision. 87 Appeal to Supreme Court A person may appeal to the Supreme Court against a decision of the Tribunal under regulation 86 on a question of law only. Chapter 4 Enforcement of decisions and consequences of contraventions Part 4.1 Enforcement of decisions 88 Enforcement of order to pay money (1) If a decision maker orders a party to a proceeding to pay an amount of money to the other party, the amount is recoverable as a debt due to that other party. (2) The party to whom the amount is payable may apply to a court of competent jurisdiction for the registration and enforcement of the decision maker's order. -- 45 of 55 -- Chapter 4 Enforcement of decisions and consequences of contraventions Part 4.2 Consequences of contraventions Building (Resolution of Residential Building Work Disputes) Regulations 2012 40 (3) If the decision maker in a proceeding orders a builder to take an action other than to pay an amount of money to the current owner, and the builder contravenes the order: (a) the current owner may apply to the decision maker to revoke the order and replace it with an order for the payment of money to the owner; and (b) the amount ordered to be paid is recoverable as a debt due to the owner; and (c) subregulation (2) applies. 89 Application to Local Court for enforcement of other orders (1) This regulation applies if a decision maker orders a builder to do an act, or abstain from doing an act, other than to pay money. (2) For section 23(1) of the Local Court (Civil Procedure) Act 1989, the Local Court is given the power mentioned in that provision in relation to the act mentioned in the order. Part 4.2 Consequences of contraventions 90 Failure to give notice about compliance (1) If a decision maker makes an order mentioned in regulation 35(3)(a) and the builder does not give the Commissioner a notice about compliance as ordered, the Commissioner must give the Practitioners Board and Director a notice of the builder's contravention of the order. (2) The Practitioners Board may: (a) place on the public record that the builder has contravened the order; and (b) take appropriate disciplinary action against the builder. 91 Offence to give false or misleading information in notice about compliance A builder must not give false or misleading information in a notice about compliance mentioned in regulation 35(3)(a). Maximum penalty: 100 penalty units. -- 46 of 55 -- Chapter 4 Enforcement of decisions and consequences of contraventions Part 4.2 Consequences of contraventions Building (Resolution of Residential Building Work Disputes) Regulations 2012 41 92 Disciplinary action for specified contravention of dispute decision (1) This regulation applies in relation to a dispute decision made by the Commissioner under regulation 32(1)(a) or (b) that orders a builder to rectify residential building work. (2) For section 34X(1)(c) of the Act, a contravention of the order in the decision is specified to be professional misconduct. (3) However, subregulation (2) does not apply until the Commissioner and Practitioners Board are satisfied the builder: (a) has not applied for a review of the dispute decision; or (b) has made an application for a review to the Tribunal but is still subject to an order to rectify the work; or (c) has not applied to a court in relation to the same, or substantially the same, matter in dispute (for example, a contractual dispute which is not a consumer guarantee dispute but is about the same residential building work). 93 Other disciplinary action for contravention of dispute decision (1) This regulation applies in relation to a dispute decision made by the Commissioner under regulation 32(1)(a) or (b) that orders the builder to: (a) complete residential building work; or (b) pay a specified amount of compensation. (2) If the builder contravenes the order: (a) the Practitioners Board may take any of the actions mentioned in section 34Y(1)(a) to (d) and (2) of the Act in relation to the builder; and (b) sections 34Y(3) to (5) and 34Z of the Act apply in relation to the actions of the Board. 94 Disciplinary action for contravention of Tribunal's decision (1) This regulation applies in relation to a decision made by the Tribunal that a builder has contravened a consumer guarantee and is ordered to do any of the following: (a) complete residential building work; (b) rectify residential building work; -- 47 of 55 -- Chapter 5 Miscellaneous matters Building (Resolution of Residential Building Work Disputes) Regulations 2012 42 (c) pay a specified amount of compensation. (2) If the builder contravenes the order: (a) the Practitioners Board may take any of the actions mentioned in section 34Y(1)(a) to (d) and (2) of the Act in relation to the builder; and (b) sections 34Y(3) to (5) and 34Z of the Act apply in relation to the actions of the Board. 95 Offence to contravene order of decision maker (1) A builder who contravenes an order of a decision maker given under these Regulations commits an offence. Maximum penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence against subregulation (1) if the defendant establishes a reasonable excuse. Chapter 5 Miscellaneous matters 96 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following: (a) the Commissioner; (b) a delegate of the Commissioner; (c) a qualified person; (d) a convenor. (2) Subregulation (1) does not affect any liability the Territory would, apart from that subregulation, have for the act or omission. (3) In this regulation: exercise, of a power, includes the purported exercise of the power. performance, of a function, includes the purported performance of the function. -- 48 of 55 -- Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Building (Resolution of Residential Building Work Disputes) Regulations 2012 43 97 Records of applications (1) The Commissioner must keep records of applications accepted by the Commissioner. (2) Without limiting subregulation (1), the records must include: (a) the number and nature of applications accepted; and (b) the number and nature of applications that are resolved by the negotiated agreement process. (3) The Commissioner must give the information mentioned in subregulation (2) to the Chief Executive Officer no later than 3 months after the end of each financial year. (4) However, the information about the nature of the applications given to the Chief Executive Officer is to be a general description only and the confidentiality of the parties to the applications must be preserved. 98 Commissioner to give notice of contraventions by builder If, during a proceeding, the Commissioner becomes aware that a builder has contravened the Act, a regulation made under the Act or any standards or guidelines relevant to residential building work carried out by the builder, the Commissioner must give notice of the contravention to the Practitioners Board and Director. Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 99 Definitions commencement means the commencement of Part 3 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014. former legislation means the following as in force immediately before the commencement: (a) the Act and these Regulations; (b) the Lands, Planning and Mining Tribunal Act 1998. -- 49 of 55 -- Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Building (Resolution of Residential Building Work Disputes) Regulations 2012 44 former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act 1998 immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014. new legislation means the following as in force after the commencement: (a) the Act and these Regulations; (b) the Northern Territory Civil and Administrative Tribunal Act 2014. 100 Review of or appeal against Commissioner's decision notified before commencement (1) This regulation applies if: (a) before the commencement, the Commissioner had given a person a relevant notice for a decision; and (b) one of the following circumstances applies: (i) immediately before the commencement, the review or appeal period had not expired and the person had not applied for a review of, or appeal against, the decision; (ii) before the commencement, the person had applied for a review of, or appealed against, the decision within the review or appeal period and the proceeding for the review or appeal had not been decided by the former Tribunal. (2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review or, or to appeal against, the decision within the review or appeal period. (3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review or appeal regardless of whether the proceeding: (a) was being conducted before the commencement; or (b) is started after the commencement within the review period. -- 50 of 55 -- Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 Building (Resolution of Residential Building Work Disputes) Regulations 2012 45 (4) In this regulation: relevant notice, for a decision, means one of the following: (a) a review notice; (b) a notice of a dispute decision given under regulation 32(4). review or appeal period means the period within which a person given a relevant notice is entitled to apply for a review of, or to appeal against, the decision mentioned in the notice. 101 Commissioner's decision made after commencement (1) This regulation applies if: (a) a person had made an application to the Commissioner before the commencement; and (b) the Commissioner decides the application after the commencement. (2) The new legislation applies in relation to: (a) giving notice of the decision; and (b) a person's entitlement to apply for a review of the decision. 102 Referrals to former Tribunal (1) This regulation applies if, before the commencement: (a) the Commissioner had referred a matter to the former Tribunal; and (b) the former Tribunal had not decided the matter. (2) The former Tribunal must continue to deal with the matter in accordance with the former legislation. -- 51 of 55 -- Schedule 1 Prescribed fees for applications Building (Resolution of Residential Building Work Disputes) Regulations 2012 46 Schedule 1 Prescribed fees for applications regulation 66(3) Matter for which fee prescribed Fee (revenue units) Making technical inspection application under regulation 15 or during proceeding for consumer guarantee dispute application 200 Making consumer guarantee dispute application under regulation 19 100 -- 52 of 55 -- Schedule 2 Reviewable decisions and affected persons Building (Resolution of Residential Building Work Disputes) Regulations 2012 47 Schedule 2 Reviewable decisions and affected persons regulation 74 Reviewable decision Affected person Decision under regulation 13 to reject mediation or conciliation application The person who made the application Decision under regulation 17 to reject technical inspection application The person who made the application Decision under regulation 21 to reject consumer guarantee dispute application The person who made the application Decision under regulation 29(3) to dismiss consumer guarantee dispute application because of absence of applicant The person who made the application Dispute decision under regulation 32(1) A party to a consumer guarantee dispute application -- 53 of 55 -- ENDNOTES Building (Resolution of Residential Building Work Disputes) Regulations 2012 48 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Building (Resolution of Residential Building Work Disputes) Regulations (SL No. 43, 2012) Notified 14 December 2012 Commenced 1 January 2013 (r 2, s 2 Building Amendment (Residential Building Consumer Protection) Act 2012 (Act No. 7, 2012) and Gaz S85, 28 December 2012) Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No. 35, 2014) Assent date 13 November 2014 Commenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015, p 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Building Legislation Amendment Regulations 2016 (SL No. 13, 2016) Notified 29 April2016 Commenced 1 May 2016 (r 2, s 2 Building Amendment (Occupancy Certification) Act 2016 (Act No. 6, 2016) and Gaz S32, 29 April 2016, p 1) Building Legislation Amendment (Consumer Protection) Regulations 2026 (SL No. 2, 2026) Date made 12 February 2026 Commenced 30 March 2026 (r 2) -- 54 of 55 -- ENDNOTES Building (Resolution of Residential Building Work Disputes) Regulations 2012 49 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 4, 5, 57, 60, 62, 89 and 99. 4 LIST OF AMENDMENTS r 4 amd Act No. 35, 2014, s 6 r 7 amd No. 13, 2016, r 12; No. 3, 2026, r 20 r 12 amd Act No. 35, 2014, s 7 r 13 sub Act No. 35, 2014, s 8 r 16 amd Act No. 35, 2014, s 9 r 17 sub Act No. 35, 2014, s 10 r 21 sub Act No. 35, 2014, s 11 r 32 amd Act No. 35, 2014, s 12 r 35 amd Act No. 35, 2014, s 13 r 36 rep Act No. 35, 2014, s 14 r 37 amd Act No. 35, 2014, s 15 r 74 amd Act No. 35, 2014, s 16 rr 75 – 79 rep Act No. 35, 2014, s 17 ch 3 pt 3.2 hdg rep Act No. 35, 2014, s 17 rr 80 – 84 rep Act No. 35, 2014, s 17 r 89 amd Act No. 8, 2016, s 45 r 92 amd Act No. 35, 2014, s 18 r 94 amd Act No. 35, 2014, s 19 ch 6 hdg ins Act No. 35, 2014, s 20 rr 99 – 102 ins Act No. 35, 2014, s 20 sch 2 sub Act No. 35, 2014, s 21 -- 55 of 55 --