Page 4805 - Week 13 - Thursday, 28 November 2019
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I am pleased to stand in support of this bill. I will speak quickly; I do not have much time left because I had to respond to a lot of what Mr Parton had been speaking about when he could have been talking about the content of the bill. But I have some good things to say about the content of the bill and I will put them on the record.
The bill continues the government’s work in ensuring that the regulatory system remains effective over time and keeps pace with changes in industry and community expectations for the built environment. The amendments support the government’s ongoing commitment to improve building quality to get the best outcomes for Canberrans. The amendments increase the range of options available to respond to breaches of building and construction laws, support further reform and improve the operation of relevant laws.
The bill continues the series of legislative amendments commenced in 2013 to improve the ACT building regulatory framework. Some amendments in this bill have been the subject of public discussion. While I support those changes, the bill includes other important amendments that I think are worth bringing to the Assembly’s attention.
Through amendments to the Construction Occupations (Licensing) Act for a new scheme for enforceable rectification undertakings, the registrar will be able to accept written rectification undertakings, which must include at least one undertaking that will result in the rectification of the non-compliant work. An undertaking gives people the opportunity to rectify work without having a formal order issued against them.
Giving an undertaking is not an admission of fault or liability, or admissible in evidence in a court or tribunal proceeding in relation to that contravention. While a rectification undertaking is in effect and being complied with, the registrar can take no further regulatory action in relation to the alleged contravention. However, so that undertakings are not used to avoid or delay rectification works, if the undertaking is not being complied with, the registrar may apply to the Magistrates Court for an order, make a rectification order or authorise another person to take action in relation to the work stated in the rectification undertaking as appropriate.
This bill also provides a new offence of failing to comply with a court order in relation to a rectification undertaking, with a maximum penalty of 2,000 penalty units. This is the same penalty as for the offence of intentionally failing to comply with a rectification order.
The bill includes amendments that allow the Construction Occupations Registrar to issue a rectification order if made aware of a relevant breach of construction legislation within six months before the 10-year period within which the order can be issued expires, if the rectification order is made within one year of the registrar becoming aware of the contravention. This will particularly apply to latent defects that do not manifest themselves until many years after the building is occupied, or where protracted actions outside the regulatory system fail to result in necessary rectification works.
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