South Australian Repealed Regulations

This legislation has been repealed.

DEVELOPMENT REGULATIONS 1993 - REG 99B

99B—Complaints relating to building work assessment

        (1)         In this regulation—

"code of practice" means a code of practice established by the Minister pursuant to section 97(3) of the Act.

        (2)         A person may make a complaint to the Minister about a private certifier or council if the person believes—

            (a)         that the private certifier or council has failed to comply with, or acted in contravention of, the Act, these regulations or the Building Code with respect to any matter associated with any assessment, decision, permission, consent, approval, authorisation, certificate or process that relates to building work (or proposed building work), or the classification or occupation of a building; or

            (b)         in the case of a private certifier—that the private certifier has failed to comply with, or acted in contravention of, a code of practice.

        (3)         A complaint must—

            (a)         be in writing; and

            (b)         contain particulars of the allegations on which the complaint is based; and

            (c)         be verified by statutory declaration.

        (4)         Except with the express permission of the Minister, a complaint must not be lodged with the Minister more than six months after the day on which the complainant first had notice of the matters alleged in the complaint.

        (5)         The Minister may require the complainant to give further particulars of the complaint (verified, if the Minister so requires, by statutory declaration).

        (6)         The Minister may refuse to entertain a complaint or, having accepted a complaint for investigation, may refuse to continue to entertain a complaint, if it appears to the Minister—

            (a)         that the complainant does not have a sufficient interest in the matter to which the complaint relates; or

            (b)         that the matter raised in the complaint is trivial; or

            (c)         that the complaint is frivolous or vexatious or is not made in good faith; or

            (d)         that it would be more appropriate for proceedings to be initiated in a court or tribunal constituted by law; or

            (e)         that there is some other good reason not to proceed (or to proceed further) with the matter under this regulation.

        (7)         If a complaint is against a council—

            (a)         the Minister must initially refer the matter to the council for consideration (or further consideration) and report; and

            (b)         the Minister may, on the basis of a report under paragraph (a) (and in addition to the powers of the Minister under subregulation (6)), decide not to proceed with the matter under this regulation.

        (8)         The Minister must inform the complainant of a decision under subregulation (6) or (7)(b) and the reasons for it.

        (9)         Subject to the operation of subregulation (6) and (7), the Minister must, after receiving a complaint—

            (a)         refer the matter to an authorised officer for investigation and report; and

            (b)         by written notice—inform the private certifier or council of the reference of the matter to an authorised officer (including, in the case of a private certifier, information about the nature of the complaint).

        (10)         The authorised officer must conduct an investigation into the complaint as soon as practicable after the matter is referred under subregulation (9).

        (11)         The authorised officer must give the private certifier or council a reasonable opportunity to make representations to the authorised officer about the complaint.

        (12)         The authorised officer may (in addition to the powers of an authorised officer under section 19 of the Act) require—

            (a)         the private certifier or council; or

            (b)         the complainant,

to provide to the authorised officer any document or other information relevant to the investigation of the complaint (verified, if the authorised officer so requires, by statutory declaration).

        (13)         If during an investigation the authorised officer is satisfied that there is matter about which another complaint could have been made against the private certifier or council, the authorised officer may, after consultation with the Minister, deal with the matter as part of the investigation as if a complaint had been made about the matter.

        (14)         The authorised officer—

            (a)         may report to the Minister at any stage of an investigation; and

            (b)         must present a written report to the Minister at the conclusion of an investigation.

        (15)         The Minister must supply the complainant and the private certifier or council with a copy of a report presented under subregulation (14)(b).

        (16)         The Minister may, on the receipt of a report under subregulation (14)(b)—

            (a)         decide to take no further action on the complaint; or

            (b)         discuss the matter with the parties in order to attempt to resolve the issues between them; or

            (c)         if the complaint has been made against a private certifier—

                  (i)         caution or reprimand the private certifier;

                  (ii)         make recommendations to the private certifier;

                  (iii)         impose conditions on the registration of the private certifier under regulation 93A;

                  (iv)         determine that the registration of the private certifier under regulation 93A should be suspended or cancelled;

                  (v)         disqualify the private certifier from registration under regulation 93A for a specified period or until the fulfilment of specified conditions; or

            (d)         if the complaint has been made against a council—refer the matter to the council for further consideration, with or without recommendations; or

            (e)         refer the matter to another person or authority, with a recommendation for further inquiry or action.

        (17)         A determination under subregulation (16)(c)(iii), (iv) or (v) will have effect according to its terms and without the need for further inquiry by the registration authority under regulation 93A.

        (18)         However, before taking action under subregulation (16)(c), (d) or (e), the Minister must give the private certifier or council (as the case may be) a notice in writing—

            (a)         stating the proposed course of action; and

            (b)         stating the reasons for the proposed course of action; and

            (c)         inviting the private certifier or council to show, within a specified time (of at least 10 business days), why the proposed action should not be taken.

        (19)         The Minister must inform the complainant of the outcome of the complaint under subregulation (16).

        (20)         The Minister, an authorised officer or any other person or body conducting an investigation or other proceeding under this regulation is under no duty to rectify a problem involving a building or building work identified or reported as a result of the performance of a function under this regulation.