A disciplinary complaint can be lodged in connection with the conduct of a registered building service provider and a statutory offence complaint can be lodged about both registered and non-registered building service providers. Registered building service providers include builders, painters, building surveyors and approved owner-builders.
A statutory breach relates to allegations that a building service provider has breached statutory obligations or where an unregistered person performs work which requires registration.
The aim of an investigation is to establish the facts and, where applicable, attribute fault to a party.
Table 1: Investigations received – complaint type
| 2020/21 | 2021/22 | 2022/23 | 2023/24 | |
|---|---|---|---|---|
| Disciplinary matter – registered | 56 | 66 | 65 | 79 |
| Statutory offence – registered/unregistered | 45 | 54 | 64 | 113 |
| Total | 101 | 120 | 129 | 192 |
There were 192 statutory offences and disciplinary complaints received in 2023/24. Of these, 79 related to disciplinary matters and 113 to statutory offences.
Table 2: Investigations received – building service
| 2020/21 | 2021/22 | 2022/23 | 2023/24 | |
|---|---|---|---|---|
| Building service | 76 | 89 | 102 | 148 |
| Painting service | 19 | 22 | 20 | 34 |
| Building surveying | 6 | 9 | 7 | 10 |
| Adjudicating | - | - | - | - |
| Total | 101 | 120 | 129 | 192 |
Of the 192 statutory offence and disciplinary complaints received in 2023/24, 148 related to a building service, 34 to a painting service and 10 to building surveying.
Table 3: Disciplinary matters finalised – outcomes
| 2020/21 | 2021/22 | 2022/23 | 2023/24 | |
|---|---|---|---|---|
| Complaint refused by Building Commissioner | 37 | 36 | 44 | 34 |
| Complaint dismissed by Building Commissioner | 16 | 16 | 17 | 17 |
| Referred to Building Services Board | 20 | 17 | 12 | 10 |
| No action/no breach | 1 | 1 | 2 | 1 |
| Caution/reprimand | 4 | 1 | 1 | 1 |
| Fine/penalty | 10 | 10 | 1 | 3 |
| Referred to other | - | - | - | - |
| Referred to State Administrative Tribunal | 2 | 6 | 10 | 5 |
| Total | 90 | 87 | 87 | 71 |
*A finalised disciplinary matter may result in outcomes against multiple respondents.
Of the 71 disciplinary matters finalised, 34 were refused by the Building Commissioner, 10 were referred to the Building Services Board and 17 were dismissed by the Building Commissioner.
Table 4: Statutory offence complaints finalised – outcomes
| 2020/21 | 2021/22 | 2022/23 | 2023/24 | |
|---|---|---|---|---|
| Referred for Prosecution | 4 | 8 | 6 | 4 |
| Infringement notice | - | 2 | - | - |
| Administrative warning | 19 | 33 | 46 | 56 |
| No action/no breach | 10 | 7 | 8 | 10 |
| Education/advice | 2 | - | 8 | 12 |
| Total | 35 | 50 | 68 | 82 |
Of the 82 statutory offence complaints finalised in 2023/24, 56 resulted in an administrative warning, 10 in no action/no breach and 4 in prosecution.
Table 5: Investigations finalised
| 2020/21 | 2021/22 | 2022/23 | 2023/24 | |
|---|---|---|---|---|
| Average days to close complaints | 428 | 344 | 300 | 249 |
| Investigations finalised within 3 months (%) | 51 | 39 | 56 | 59 |
| Investigations finalised within 6 months (%) | 66 | 52 | 63 | 69 |
| Investigations finalised within 12 months (%) | 74 | 67 | 71 | 76 |
| Investigations finalised within 18 months (%) | 76 | 76 | 78 | 83 |
It took on average 249 calendar days to close statutory offences and disciplinary complaints in 2023/24. Of these, 59 per cent were finalised within three months, 69 per cent within six months, 76 per cent within twelve months, and 83 per cent within eighteen months.
