The topics included in the video are listed below and chapters can be viewed individually:
- Types of complaints (duration 02:19)
- Timeframes for lodging your complaint (duration 01:08)
- Who can lodge a complaint (duration 01:25)
- Before you lodge your complaint (duration 01:40)
- Lodging your complaint (duration 00:58)
- Investigation of your complaint (duration 01:15)
- The decision (duration 04:37)
- Appealing a decision and non-compliance with an order (duration 01:58)
The video is available with translated captions in the following 10 languages.
- Chinese Simplified (Mandarin)
- Vietnamese
- Korean
- Arabic
- Chinese Traditional (Cantonese)
- Hazaragi
- Karen
- Thai
- Punjabi
- Burmese
National Relay Service: 13 36 77
Translating and Interpreting Service (TIS): 13 14 50
Possible outcomes
This variety of dispute resolution techniques is intended to prevent relatively low-cost disputes from proceeding to court.
Once accepted by the Building Commissioner, your complaint may be dealt with through any number of the following ways:
Building remedy order for rectification and/or payment
The Building Commissioner may issue a building remedy order if satisfied the regulated building service subject to the complaint has not been carried out in a proper or proficient manner or is faulty or unsatisfactory.
A building remedy order may require a person who carried out the regulated building service to:
- remedy the work;
- pay costs associated with having someone else remedy the work; or
- pay reasonable compensation.
The Building Commissioner cannot issue orders for work or payments valued over $100,000 without the consent of the parties. The State Administrative Tribunal (SAT) cannot order work or payments of more than $500,000 against an unregistered person. There is no limit to work or payments the SAT can order against a registered building service provider. If you think the remedy you are seeking is in excess of these limits, you may need to take your complaint through the relevant court rather than this building complaints resolution process.
Home building work contract remedy order for rectification and/or payment.
A home building work contract remedy order can be issued by the Building Commissioner if satisfied that the order is justified.
A home building work contract remedy order may consist of, but is not limited to, an order:
- to stop an action in breach of the contract, or require work to be done;
- to pay an amount payable under the contract;
- requiring specified work to be done;
- that an amount is not payable under the contract, or if already paid, an order to repay the amount;
- for compensation for loss or damage; or
- declaring that an amount of money claimed for work done is not payable.
Referral to the SAT
Complex or intractable disputes are referred to the SAT for determination. If your complaint is referred to the SAT, both you and the respondent will receive written notification of the decision. The complaint will then be dealt with by the SAT.
Conciliation
Conciliation is a process whereby parties, with the help of a conciliator, meet to identify issues, develop solutions to the problem and explore ways to reach an agreement. We will appoint a conciliator and actively encourage parties to reach an agreement.
You and the respondent may choose to opt for conciliation or else parties may be required to attend a conciliation proceedings.
A conciliator may:
- communicate with the parties;
- arrange and facilitate proceedings about the complaint; and
- give advice and make recommendations to assist in reaching an agreement.
If the parties can agree to an outcome, the Building Commissioner can make an order to give effect to the agreement. If the parties do not agree to an outcome, your complaint will be referred back to the Building Commissioner for further consideration.
A guide to conciliation proceedings
Dismissed
If your complaint cannot be substantiated the complaint may be dismissed. Should the decision be made for the dismissal of your complaint, the Act does not make provision for this decision to be reviewed.
Interim order
In some cases, if there is a risk of significant loss or damage occurring, the Building Commissioner can make an interim building service order to stop work or take other action before a final decision is made.
Withdrawal of a complaint
A building service complaint or a home building work contract complaint, or parts thereof, may be withdrawn by the complainant at any time throughout the complaint process unless the complaint has been referred to the State Administrative Tribunal (SAT).
