Strata Schemes Management Act 2015 No 50
Current version for 1 July 2020 to date (accessed 7 July 2020 at 15:02)
Part 11 Division 4
Division 4 Miscellaneous
212   Variation of times for reports and other matters
(1)  The Secretary may, on the Secretary’s own motion or on application by the developer, owners corporation or a building inspector, vary the period within which an interim report or a final report is to be provided, or any other action is to be done, under this Part, if the Secretary considers it appropriate to do so in the circumstances of the case.
(2)  The Secretary must give written notice to the developer, owners corporation or building inspector of the following—
(a)  any application under this section,
(b)  a decision by the Secretary under this section.
(3)  The Secretary is not required to give notice of an application to any person who made the application.
213   Review of decisions
(1) Right to apply for review An interested person may apply to the Secretary for a review of a reviewable decision.
(2)  The following persons are interested persons in relation to a reviewable decision—
(a)  the developer of a strata scheme to which the decision is related,
(b)  the owners corporation of a strata scheme to which the decision is related,
(c)  the owner of a lot in a strata scheme to which the decision is related,
(d)  any other person prescribed by the regulations for the purposes of this section.
(3) Reviewable decisions The regulations may prescribe decisions under this Part that are to be the reviewable decisions for the purposes of this section.
(4) Applications An application for a review is to be made in accordance with the regulations.
(5) Individuals who may carry out reviews An application for a review of a decision is to be dealt with by an individual other than the person who made the decision who is (if the reviewer is not the Secretary) approved by the Secretary.
(6)  The reviewer must be, as far as practicable, an individual—
(a)  who was not substantially involved in the process of making the decision under review, and
(b)  who is a member of staff of the Department, and
(c)  who is suitably qualified to deal with the issues raised by the application.
(7) Powers on review In reviewing a decision, the reviewer is to consider any relevant material submitted by the applicant.
(8)  Following the review of the decision, the reviewer may—
(a)  affirm the decision, or
(b)  vary the decision, or
(c)  set aside the decision and make a decision in substitution for the decision that is set aside.
(9)  In exercising a function under subsection (8), a reviewer is taken for all purposes to have the right to exercise the same functions in law that the person who made the decision had in making the decision being reviewed.
(10) Reviewer to notify relevant decision maker of decision A reviewer must notify the Secretary of the result of, and the reasons for, his or her decision under subsection (8) as soon as is practicable after making the decision.
(11) Statement of reasons For the purposes of this section, an applicant is notified of the reasons for a decision in a review only if the applicant is given a statement of reasons setting out the following—
(a)  the findings on material questions of fact, referring to the evidence or other material on which those findings were based,
(b)  the understanding of the reviewer of the applicable law,
(c)  the reasoning processes that led the reviewer to the conclusions the reviewer made.
(12) Status of decisions made on review For the purposes of this Act, a reviewable decision that is affirmed, varied or set aside and substituted under this section is—
(a)  taken to have been made by the person who made the original decision (as affirmed, varied or substituted by the reviewer), and
(b)  taken to have been made on the date under which the applicant is given a notice of the decision under this section.
(13) No reviews of decisions previously reviewed under this section A person is not entitled to a review under this section of any decision previously reviewed under this section or a decision made under subsection (8).
213A   Liability of inspectors and persons acting under direction of inspectors
A matter or thing done or omitted to be done by a building inspector, or a person acting under the direction of a building inspector, does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing functions under this Part, subject the building inspector or person so acting personally to any action, liability, claim or demand.
213B   Liability of professional associations in respect of accreditation functions
(1)  A matter or thing done or omitted to be done by a professional association, or an individual acting under the direction of a professional association, does not, if the matter or thing was done or omitted to be done in good faith for the purpose of executing functions under this Part, subject the professional association or individual so acting to any action, liability, claim or demand.
(2)  In this section—
professional association means a body that is prescribed by the regulations for the purposes of this definition.
214   Regulations
(1)  Regulations may be made for or with respect to the following—
(a)  building bonds,
(a1)  the functions of professional associations, or other bodies, with respect to determining whether persons are qualified to carry out functions as building inspectors,
(a2)  registers of persons qualified to be appointed as building inspectors, including the public availability of those registers,
(a3)  conditions that may be imposed on the exercise of functions under this Part by building inspectors, including the imposition of conditions by the Secretary or professional associations,
(b)  the appointment of a building inspector by the Secretary if a building inspector is no longer available or is not qualified or is otherwise not suitable,
(c)  additional circumstances in which the Secretary, rather than the developer, is to appoint a building inspector,
(d)  information required to be provided to the Secretary by the developer or the owners corporation in relation to building inspectors and other matters arising from this Part,
(e)  nomination of building inspectors for approval by owners corporations,
(f)  matters to be disclosed to the owners corporation by a developer seeking approval of a building inspector and the period within which disclosure is to be made,
(g)  meetings of owners corporations to consider the approval of the appointment of a building inspector,
(h)  the provision of information to a building inspector for the purposes of an inspection or report,
(i)  applications to the Secretary for a determination that a final inspection and report are not required,
(j)  requirements to be observed in relation to the conduct of a review under section 213.
(2)  Without limiting subsection (1) (a), the regulations may provide for the following—
(a)  requirements for the provision and maintenance of a building bond,
(b)  requirements for additional information or documents to be provided relating to the amount required to be secured by a building bond,
(c)  how the contract price is to be determined for the purposes of the amount required to be secured by a building bond,
(d)  when a building bond lapses or need not be maintained,
(e)  procedures relating to applications for, and the payment of, amounts secured by a building bond,
(e1)  procedures to be followed by the Secretary in determining an amount under section 209 (1A),
(f)  the period of notice to be given of a proposed payment of an amount secured by a building bond,
(g)  fees relating to the provision of building bonds under this Part.
215   Relationship of Part to other remedies
(1)  A building bond is payable in respect of defective building work under this Part whether or not—
(a)  Part 2C of the Home Building Act 1989 applies to the work, or
(b)  the developer is liable to the owners corporation or the owner of a lot in respect of the work.
(2)  A developer may recover the amount of any building bond paid to an owners corporation in respect of defective building work for which the developer is not otherwise liable from any person against whom the developer has a cause of action in respect of the defective building work.
(3)  Any thing done or omitted to be done under this Part does not affect any action that may be taken, or remedy that may be sought, by or in respect of building work under any other law.
(4)  However, any court, tribunal or other body may take into account any payment made, rectification work done or any other action taken in relation to building work under this Part when it is determining a matter relating to the work.
215A   Review of Part
(1)  The Minister is to review this Part to determine whether the policy objectives of this Part remain valid and whether the terms of this Part remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after 1 January 2024.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament no later than 1 January 2025.