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State Administrative Tribunal
State Administrative Tribunal

Building and Construction

SAT can review some decisions of the Building Commissioner, who is located within Building and Energy. The Building Commissioner can refer or transfer matters to SAT. The Building Commissioner will advise the parties if a complaint is to be referred or transferred to SAT.

  • Interim Building Service Order
  • Building Remedy Order
  • Home Building Works Contract (HBWC) remedy order
  • Costs order
  • Remediation notice
  • Refusal to accept complaint (only if SAT gives leave)

Applications for review must be made within 28 days of the decision that is sought to be reviewed. SAT is able to allow an application to be made outside of this time limit if SAT considers an extension of time should be allowed. If you wish to make an application to review a decision of the Building Commissioner and more than 28 days has passed since the decision was made, you may make an application to SAT to seek an extension of time to lodge the application.

  • Building service complaints and/or HBWC complaints that have not been resolved or decided by the Building Commissioner
  • Complaint of unconscionable, misleading or deceptive conduct in relation to a building contract

Note: the Building Commissioner does not become a party to SAT proceedings where complaint(s) has been referred to SAT

Allegation that Building Remedy Order or HWBC Remedy Order made by Building Commissioner has not been complied with and seeking conversion into monetary order - where Building Commissioner considers matter should be transferred to SAT rather than determined by Building Commissioner

Any person who has reasonable cause to believe that a disciplinary matter has occurred or is occurring, may make a complaint to the Building Commissioner alleging that a disciplinary matter has occurred. This type of complaint can be made about a person who is a registered building service provider, a former registered building service provider, an owner-builder or a former owner builder. A ‘disciplinary matter’ means a matter referred to in s53 in relation to building service providers (such as convictions) or s50 in relation to owner-builders (such as contravention of an owner-builder approval condition). Contacted Building and Energy, Enforcement Branch.

  • Allegation that Building Remedy Order or HWBC Remedy Order made by SAT not complied with (wholly or in part) and seeking conversion into monetary order
  • Internal review by SAT of decision to make a Building Remedy Order or a HBWC Remedy Order (only if SAT gives leave)
  • Review of an interim disciplinary order made by the Building Commissioner (note an interim building order ceases to be in force 28 days after it is given unless sooner revoked or otherwise finally determined by the Tribunal)

Time Limit:

An application for internal review can only be made within 30 days of the date the order was made.

 

Directions hearings

  • After an application has been lodged and any related fees paid, the SAT will list the matter for a directions hearing. At a directions hearing SAT will consider what order to make so as to progress the matter to a final resolution.
  • Some of the issues that might be considered at a directions hearing include the following.
    • Should there be a mediation?
    • Do the parties understand the other party's position? Does further information or evidence need to be exchanged?
    • Should the parties be required to file a 'Scott Schedule' to clarify the issues in dispute?
    • Is the matter ready to be listed for a final hearing? Is there a need to make further orders to ensure a matter is ready for a final hearing?
  • For more general information about directions hearing see the video

What is a Scott Schedule?

A Scott Schedule is a document which helps to clarify the issues in dispute. In short, the applicant lists each complaint, with the applicant’s and the respondent’s position next to each item. This can assist to identify areas of agreement, and also allows the complaint items to be summarised in a concise and clear manner. Scott Schedules are a common method of streamlining building disputes when there is a large number of complaint items.

The list of standard orders provides details of how to draft a Scott Schedule for different types of building disputes - see standard orders 85 to 91. The Schedule can be in any format that complies with SAT’s orders, but an example Scott Schedule and a template Scott Schedule are provided for convenience.

List of Standard Orders

Scott Schedule Examples – 1 and 2

Scott Schedule Remedial Order

Scott Schedule Monetary Order

Mediation

  • Although the parties to a building dispute have often been communicating, or attempting to communicate, to resolve the dispute before coming to SAT, mediation in the SAT is still often a very useful process.
  • If agreement can be reached at mediation, a building dispute may be able to be resolved more speedily and without the need for a final hearing.
  • For more general information about mediations see the video

Final Hearing

  • Generally, in a building dispute, orders will have been made requiring the parties to give to the Tribunal and serve on each other all of the written evidence that will be relied on prior to the final hearing. Often, a hearing book is either required to be prepared by a party/the parties, or alternatively, the SAT may prepare the hearing book.

 


Last updated: 2 June 2022

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