New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 23

23 Warning notices

(1) The Secretary may authorise publication of a notice warning persons of particular risks involved in dealing with a specified holder of a contractor licence, or a person who does not hold a contractor licence, in connection with residential building work or specialist work.

(2) For example, a warning may relate to the risks involved in dealing with a person who has a recent history of unreasonable delays in completing work, or of inadequately supervised work or of defective work, of failing to comply with orders of the Tribunal, or of failing to insure work in accordance with this Act.

(3) The Secretary may authorise publication of such a notice in any one or more of the following ways--

(a) to any person making inquiries to the Secretary about the holder concerned,

(b) by advertisement by the use of any medium,

(c) to any media representatives.

(4) Publication of such a notice may not be authorised unless an investigation has been conducted by the Secretary, whether or not a complaint has been made.

(5) Before authorising publication of such a notice, the Secretary must give the person concerned an opportunity for a period of not less than 48 hours to make representations to the Secretary about publication of such a notice, unless--

(a) the Secretary is not able, after making reasonable efforts to do so, to contact the person promptly and advise the person of that opportunity, or

(b) the person refuses to make any representations.

(5A) However, no opportunity to make representations is required to be given if, in the opinion of the Secretary, there is an immediate risk to the public.

(6) No liability is incurred by a person for publishing in good faith--

(a) a notice under this section, or

(b) a fair report or summary of such a notice.