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Questions and Answers
According to Section 71, a permit or approval can be cancelled only in cases of negligence or misrepresentation.
According to Section 71, a permit or approval can be cancelled only in cases of negligence or misrepresentation.
False (B)
Under Division 5, the relevant building surveyor is required to provide copies of documents to the state government.
Under Division 5, the relevant building surveyor is required to provide copies of documents to the state government.
False (B)
Section 69 specifies that reasons for refusal of an application need only be given upon request.
Section 69 specifies that reasons for refusal of an application need only be given upon request.
False (B)
The register mentioned in Section 74 includes details of occupancy permits but not temporary approvals.
The register mentioned in Section 74 includes details of occupancy permits but not temporary approvals.
According to Section 77, private building surveyors have both obligatory duties and prohibited functions.
According to Section 77, private building surveyors have both obligatory duties and prohibited functions.
Under section 78A, it is permissible for an individual to accept a position as a private building surveyor, even if unregistered, provided they are actively pursuing registration.
Under section 78A, it is permissible for an individual to accept a position as a private building surveyor, even if unregistered, provided they are actively pursuing registration.
According to section 78B, a private building surveyor can delegate their duties to an assistant, even without explicit authorization, as long as they maintain oversight of the delegated tasks.
According to section 78B, a private building surveyor can delegate their duties to an assistant, even without explicit authorization, as long as they maintain oversight of the delegated tasks.
Section 80A allows any building surveyor to designate themselves as a 'Designated Building Surveyor', as long as they meet certain criteria outlined by local council regulations.
Section 80A allows any building surveyor to designate themselves as a 'Designated Building Surveyor', as long as they meet certain criteria outlined by local council regulations.
As per section 80C, a private building surveyor can transfer all or some of their functions relating to specific building work to another building surveyor without needing to inform the Authority.
As per section 80C, a private building surveyor can transfer all or some of their functions relating to specific building work to another building surveyor without needing to inform the Authority.
Under Section 81, termination of appointment as a building surveyor always requires the consent of the Authority, regardless of the circumstances.
Under Section 81, termination of appointment as a building surveyor always requires the consent of the Authority, regardless of the circumstances.
If the Authority directs the transfer of functions under section 82, the original building surveyor retains the right to oversee and co-manage the transferred functions.
If the Authority directs the transfer of functions under section 82, the original building surveyor retains the right to oversee and co-manage the transferred functions.
According to section 83B, the Authority can appoint any individual as a manager of a private building surveyor's business, irrespective of their professional background or qualifications.
According to section 83B, the Authority can appoint any individual as a manager of a private building surveyor's business, irrespective of their professional background or qualifications.
As delineated in section 83H, a manager appointed by the Authority possesses the power to unilaterally alter existing contracts between the private building surveyor's business and its clients.
As delineated in section 83H, a manager appointed by the Authority possesses the power to unilaterally alter existing contracts between the private building surveyor's business and its clients.
An approved infrastructure contributions plan carries the identical connotation as defined in Part 3AB of the Planning and Environment Act 1987.
An approved infrastructure contributions plan carries the identical connotation as defined in Part 3AB of the Planning and Environment Act 1987.
The Architects Registration Board of Victoria shares its definition with that found within the Architects Act 2001.
The Architects Registration Board of Victoria shares its definition with that found within the Architects Act 2001.
An 'associate' is someone who exerts minimal influence over a person's business operations.
An 'associate' is someone who exerts minimal influence over a person's business operations.
The Victorian Building Authority was formed as per regulation 293 of the Building Act 1993.
The Victorian Building Authority was formed as per regulation 293 of the Building Act 1993.
Automatic deemed registration corresponds to section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.
Automatic deemed registration corresponds to section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.
Section 151 dictates protocols to follow when conducting routine building inspections.
Section 151 dictates protocols to follow when conducting routine building inspections.
A binding resolve is one distributed under section 206E by a Local Government Representative.
A binding resolve is one distributed under section 206E by a Local Government Representative.
According to the Building Act 1993, the term 'building' encompasses structures and temporary buildings, but explicitly excludes tents.
According to the Building Act 1993, the term 'building' encompasses structures and temporary buildings, but explicitly excludes tents.
Under Section 157, the specific brand of materials used in construction is subject to building regulation disputes.
Under Section 157, the specific brand of materials used in construction is subject to building regulation disputes.
According to the definitions provided, the State Building Surveyor has the power to issue binding determinations under section 206E.
According to the definitions provided, the State Building Surveyor has the power to issue binding determinations under section 206E.
Section 160B primarily focuses on applications for building design determinations related to environmental sustainability.
Section 160B primarily focuses on applications for building design determinations related to environmental sustainability.
According to section 163, agreements made under Division 5 can only be terminated by a unanimous vote of the Building Appeals Board.
According to section 163, agreements made under Division 5 can only be terminated by a unanimous vote of the Building Appeals Board.
The register maintained under section 168 includes detailed financial records of the Building Appeals Board.
The register maintained under section 168 includes detailed financial records of the Building Appeals Board.
Section 169 requires all builders, regardless of registration status, to disclose past violations of building codes in any form of advertisement.
Section 169 requires all builders, regardless of registration status, to disclose past violations of building codes in any form of advertisement.
Per Section 169D, a tradesman who subcontracts electrical work without being a registered electrical contractor is in violation.
Per Section 169D, a tradesman who subcontracts electrical work without being a registered electrical contractor is in violation.
Section 169FA allows builders to subcontract work to unregistered individuals if the total contract value is under $5,000.
Section 169FA allows builders to subcontract work to unregistered individuals if the total contract value is under $5,000.
Section 169G mandates that every registered building practitioner establish a trust fund with at least one nominee director.
Section 169G mandates that every registered building practitioner establish a trust fund with at least one nominee director.
Section 170 allows a person to apply for registration as a building practitioner even if they have outstanding fines related to prior building code violations.
Section 170 allows a person to apply for registration as a building practitioner even if they have outstanding fines related to prior building code violations.
If a provision outlined in subsection (2) fails to take effect before March 1, 1995, it automatically commences on that specified date.
If a provision outlined in subsection (2) fails to take effect before March 1, 1995, it automatically commences on that specified date.
An 'adjoining occupier' refers exclusively to the individual residing on a property that shares a fence line with the site undergoing construction.
An 'adjoining occupier' refers exclusively to the individual residing on a property that shares a fence line with the site undergoing construction.
An 'adjoining owner' is defined as the leaseholder of a property directly adjacent to a construction site.
An 'adjoining owner' is defined as the leaseholder of a property directly adjacent to a construction site.
According to the Act, a 'neighbouring property' encompasses only residential zones immediately bordering the location where building activities are performed.
According to the Act, a 'neighbouring property' encompasses only residential zones immediately bordering the location where building activities are performed.
The approved building manual is endorsed by the local council.
The approved building manual is endorsed by the local council.
The absence of an 'approved auditor' definition suggests that all building audits are conducted internally.
The absence of an 'approved auditor' definition suggests that all building audits are conducted internally.
The 'approved infrastructure contributions plan' primarily deals with the logistical aspects of construction site management.
The 'approved infrastructure contributions plan' primarily deals with the logistical aspects of construction site management.
Changes to definitions within the Building Act 1993, such as those in section 3, are implemented without specific amendment numbers or dates.
Changes to definitions within the Building Act 1993, such as those in section 3, are implemented without specific amendment numbers or dates.
The Authority's ability to conduct inquiries extends to requiring further information from applicants, but only if the initial application is deemed incomplete.
The Authority's ability to conduct inquiries extends to requiring further information from applicants, but only if the initial application is deemed incomplete.
A change to information in an application must be reported to the Authority within 14 days of the change occurring.
A change to information in an application must be reported to the Authority within 14 days of the change occurring.
Nominee directors are exempt from personal probity requirements due to their indirect role in the company's operations.
Nominee directors are exempt from personal probity requirements due to their indirect role in the company's operations.
A person who has been declared bankrupt within the last 5 years is automatically considered an excluded person for building practitioner registration.
A person who has been declared bankrupt within the last 5 years is automatically considered an excluded person for building practitioner registration.
The Authority is obligated to issue a registration card to every registered building practitioner within 5 business days of registration.
The Authority is obligated to issue a registration card to every registered building practitioner within 5 business days of registration.
A registered building practitioner's period of registration is indefinite, contingent upon the annual payment of fees and adherence to conduct codes.
A registered building practitioner's period of registration is indefinite, contingent upon the annual payment of fees and adherence to conduct codes.
The Authority is legally required to permit late renewals of registration, provided the applicant pays a penalty fee equivalent to 200% of the original annual fee.
The Authority is legally required to permit late renewals of registration, provided the applicant pays a penalty fee equivalent to 200% of the original annual fee.
Upon surrendering their registration, a building practitioner is entitled to a full refund of any remaining portion of their annual fee.
Upon surrendering their registration, a building practitioner is entitled to a full refund of any remaining portion of their annual fee.
A nominee director's general duty is solely to represent the interests of the corporation, superseding any personal or ethical considerations.
A nominee director's general duty is solely to represent the interests of the corporation, superseding any personal or ethical considerations.
The Register of Building Practitioners must include comprehensive details of any past disciplinary actions taken against a registered practitioner.
The Register of Building Practitioners must include comprehensive details of any past disciplinary actions taken against a registered practitioner.
The Authority is mandated to create a code of conduct for building practitioners; industry input is optional and non-binding.
The Authority is mandated to create a code of conduct for building practitioners; industry input is optional and non-binding.
An endorsed building engineer is exempt from disciplinary actions outlined in Division 3 if their work is primarily advisory and lacks direct project oversight.
An endorsed building engineer is exempt from disciplinary actions outlined in Division 3 if their work is primarily advisory and lacks direct project oversight.
If a building practitioner is deemed not to be a fit and proper person, the Authority has discretion on whether to cancel their registration based on the severity of the infraction.
If a building practitioner is deemed not to be a fit and proper person, the Authority has discretion on whether to cancel their registration based on the severity of the infraction.
The period of suspension for a building practitioner cannot exceed 6 months, regardless of the severity or nature of the grounds for suspension.
The period of suspension for a building practitioner cannot exceed 6 months, regardless of the severity or nature of the grounds for suspension.
A building practitioner's complaint, even if malicious or unfounded, is privileged and protects the complainant from defamation lawsuits.
A building practitioner's complaint, even if malicious or unfounded, is privileged and protects the complainant from defamation lawsuits.
Flashcards
Form of application
Form of application
A document required to start the application process.
Determination of applications
Determination of applications
The process of evaluating an application.
Form of approval
Form of approval
A document indicating approval.
Reasons for Refusal
Reasons for Refusal
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Private building surveyor
Private building surveyor
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Adjoining Occupier
Adjoining Occupier
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Adjoining Owner
Adjoining Owner
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Adjoining Property
Adjoining Property
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Approved Building Manual
Approved Building Manual
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Unregistered Surveyor Offence
Unregistered Surveyor Offence
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Surveyor Delegation Restriction
Surveyor Delegation Restriction
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Surveyor Restrictions
Surveyor Restrictions
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Surveyor Notification Duty
Surveyor Notification Duty
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Transfer of Functions
Transfer of Functions
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Directed Function Transfer
Directed Function Transfer
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Appointment Termination w/Consent
Appointment Termination w/Consent
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Authority Directions
Authority Directions
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Approved infrastructure contributions plan
Approved infrastructure contributions plan
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Architects Registration Board of Victoria
Architects Registration Board of Victoria
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Associate (of a person)
Associate (of a person)
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Authority
Authority
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Automatic deemed registration
Automatic deemed registration
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Binding determination
Binding determination
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Building
Building
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Disputes about inspections
Disputes about inspections
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Emergency protection work disputes
Emergency protection work disputes
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Surveys of adjoining property disputes
Surveys of adjoining property disputes
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Cost of supervising protection work
Cost of supervising protection work
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Building permit levy disputes
Building permit levy disputes
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Application and effect of building regulations
Application and effect of building regulations
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Party walls
Party walls
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Restriction for Certain Builders as Head Builders
Restriction for Certain Builders as Head Builders
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Unregistered Building Work Offence
Unregistered Building Work Offence
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Who may apply for registration?
Who may apply for registration?
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Application for Registration
Application for Registration
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Proof of Insurance
Proof of Insurance
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Authority Inquiries
Authority Inquiries
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Consent to Disclosure
Consent to Disclosure
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Registration
Registration
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Registration Requirements - Bodies Corporate
Registration Requirements - Bodies Corporate
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Registration Requirements - Nominee Directors
Registration Requirements - Nominee Directors
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Personal Probity
Personal Probity
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Financial Probity
Financial Probity
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Excluded Persons
Excluded Persons
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Certificate of Registration
Certificate of Registration
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Registration Card
Registration Card
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Conditions on Registration
Conditions on Registration
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Period of Registration
Period of Registration
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Annual Fee
Annual Fee
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Study Notes
- The study notes cover various sections and divisions of a building act, focusing on permits, private building surveyors, dispute resolution, building practitioner registration, and associated regulations.
Form of Application
- Section 66 concerns the application process, but specific details are not provided.
Determination of Applications
- Section 67 relates to how applications are determined.
Form of Approval
- Section 68 concerns the format of approvals.
Reasons for Refusal
- Section 69 states reasons must be provided if an application is refused.
Amendment of Permit or Approval
- Section 70 allows for permits or approvals to be amended.
Cancellation Due to Fraud
- Section 71 allows for permits or approvals to be cancelled if there is fraud or misrepresentation.
Cancellation of Occupancy Permit
- Section 72 concerns the cancellation of occupancy permits on grounds other than fraud.
Copies of Documents to Council
- Section 73 requires relevant building surveyors to provide copies of documents to the council.
Register of Occupancy Permits
- Section 74 mandates a register of occupancy permits and temporary approvals.
Keeping of Records
- Section 75 concerns record-keeping requirements.
Functions of Private Building Surveyor
- Section 76 concerns the functions of private building surveyors.
Additional Functions
- Section 77 lists additional functions of private building surveyors.
Appointment of Private Building Surveyor
- Section 78 specifies when a private building surveyor may be appointed.
Offence for Unregistered Surveyor
- Section 78A makes it an offence to accept an appointment as a private building surveyor if unregistered.
Delegation of Functions
- Section 78B prohibits private building surveyors from delegating functions unless authorized.
Circumstances Where Surveyor May Not Act
- Section 79 outlines circumstances in which a private building surveyor may not act.
Notification to Council
- Section 80 requires private building surveyors to notify the council.
Designated Building Surveyors
- Section 80A discusses designated building surveyors.
Duties of Designated Building Surveyors
- Section 80B outlines the duties of designated building surveyors.
Transfer of Functions
- Section 80C allows a private building surveyor to transfer functions relating to building work to another building surveyor.
Authority to Direct Transfer
- Section 80D allows the Authority to direct the transfer of functions of an employee building surveyor.
Termination of Appointment
- Section 81 covers the termination of appointment with the consent of the Authority.
Directions of Authority
- Section 82 concerns directions by the Authority.
Effect of Transfer of Functions
- Section 83 describes the effect of transferring functions.
Definition of Manager
- Section 83A defines "manager."
Appointment of Manager
- Section 83B concerns the appointment of a manager.
Who May Be Appointed
- Section 83C specifies who may be appointed as a manager.
Terms of Appointment
- Section 83D concerns the terms of appointment for a manager.
Conditions on Appointment
- Section 83E outlines conditions on the appointment of a manager.
Notice of Appointment
- Section 83F concerns the notice of appointment of a manager.
Effect of Notice
- Section 83G describes the effect of serving a notice of appointment.
Powers of Manager
- Section 83H outlines the powers of a manager.
Powers of Entry
- Section 83I grants powers of entry.
Disputes About Inspections
- Section 150 addresses disputes about inspections.
Emergency Protection Work
- Section 151 concerns emergency protection work.
Insurance
- Section 152 relates to insurance.
Surveys of Adjoining Property
- Section 153 concerns surveys of adjoining property.
Cost of Supervising Protection Work
- Section 154 specifies who pays the cost of supervising protection work.
Other Disputes
- Section 155 covers other disputes between owners and adjoining owners.
Disputes About Building Permit Levy
- Section 156 addresses disputes about the building permit levy.
Application of Building Regulations
- Section 157 discusses the application and effect of building regulations.
Party Walls
- Section 158 concerns party walls.
Compensation for Protection Work
- Section 159 addresses compensation for protection work.
Modification of Building Regulations
- Section 160 allows for the modification of building code.
Determination for Building Design
- Section 160A concerns applications for determination in respect of building design.
Modification for Disability Access
- Section 160B allows for applications for modification of building regulations relating to access for persons with disabilities.
General Powers
- Section 161 outlines general powers.
Special Powers
- Section 162 grants special powers for modifying regulations.
Agreements
- Section 163 concerns agreements.
Termination and Variation of Agreements
- Section 164 concerns the termination and variation of agreements.
Lodging and Recording of Agreements
- Section 165 outlines how agreements are lodged and recorded.
Building Appeals Board
- Section 166 concerns the establishment and membership of the Building Appeals Board.
Register
- Section 168 concerns the register.
Representation in Relation to Registration
- Section 169 prohibits misrepresentation regarding building practitioner registration.
Restrictions for Certain Builders
- Section 169AA states certain registered builders must not act as head builders.
Representation Regarding Domestic Building Work
- Section 169A prohibits misrepresentation related to domestic building work.
Representation as Building Surveyor
- Section 169B prohibits misrepresentation regarding work as a building surveyor.
Representation as Building Inspector
- Section 169C prohibits misrepresentation regarding work as a building inspector.
Unregistered Building Practitioner
- Section 169D makes it an offense to carry out building work as a practitioner unless registered.
Unregistered Work Offense
- Section 169EA makes it an offense to carry out certain types of building work unless registered or licensed.
Exemption from Offense
- Section 169EB allows the Authority to grant exemptions from offenses against section 169EA(1).
Major Domestic Building Contract
- Section 169F makes it an offense to carry out domestic building work under a major domestic building contract.
Unregistered Subcontractor
- Section 169FA makes it an offense to engage an unregistered subcontractor.
Directing Unregistered Work
- Section 169FB makes it an offense to direct or require a person to carry out certain building work.
Nominee Director
- Section 169G requires a building practitioner body corporate to have at least one nominee director.
Advertisements by Practitioners
- Section 169H concerns advertisements or written statements by registered building practitioners.
Advertisements by Partnerships
- Section 169I concerns advertisements or written statements by partnerships.
Exception for Certain Organizations
- Section 169J provides an exception for certain organizations.
Unregistered Engineers
- Section 169K outlines offenses for unregistered engineers.
Who May Apply
- Section 170 specifies who may apply for registration.
Application for Registration
- Section 170A concerns the general application process for registration.
Proof of Insurance
- Section 170AB requires proof of insurance for persons intending to rely on automatic deemed registration.
Authority Inquiries
- Section 170B allows the Authority to conduct inquiries and require further information.
Consent to Disclosure
- Section 170C concerns consent to the disclosure of information.
Change to Information
- Section 170D requires notification of changes to information in an application.
Registration
- Section 171 concerns the registration process.
Requirements for Bodies Corporate
- Section 171A outlines additional requirements for registration for bodies corporate.
Requirements for Nominee Directors
- Section 171B outlines additional requirements for nominee directors.
Requirements for Partnerships
- Section 171C outlines additional requirements for applicants who are members of a partnership.
Personal Probity
- Section 171D outlines personal probity requirements.
Financial Probity
- Section 171E outlines financial probity requirements.
Excluded Persons
- Section 171F identifies excluded persons.
Certificate of Registration
- Section 171G concerns the issue of a certificate of registration.
Registration Card
- Section 171GA concerns the issue of a registration card.
Conditions on Registration
- Section 171H allows for conditions to be placed on registration.
Period of Registration
- Section 171I specifies the period of registration.
Replacement Documents
- Section 171J concerns the issue of replacement certificates of registration or registration cards.
Annual Fee, Insurance, Training Plan
- Section 172 concerns the annual fee, proof of insurance, and training plan report.
Renewal of Registration
- Section 173 concerns the renewal of registration.
Late Renewals
- Section 173A allows the Authority to permit late renewals.
Surrender of Registration
- Section 173B concerns the surrender of registration.
Duty of Nominee Director
- Section 174 outlines the general duty of a nominee director.
Definitions
- Section 175AA provides definitions.
The Register
- Section 175 concerns the Register of Building Practitioners.
Time for Inclusion
- Section 175A specifies the time for including information in the Register of Building Practitioners.
Providing Information
- Section 175AB requires registered building practitioners to provide information to the Authority for the Register.
Changes to Information
- Section 175B concerns changes to information on the Register of Building Practitioners.
Nominee Director Changes
- Section 175C requires the Authority to be advised of nominee director changes.
Publication of Information
- Section 175D concerns the publication of information on the Register of Building Practitioners.
Return of Certificate
- Section 176 requires the certificate of registration to be returned to the Authority in certain situations.
Production of Certificate
- Section 176A requires registered building practitioners or endorsed building engineers to produce their certificate of registration for inspection.
Approval of Codes of Conduct
- Section 177 allows the Authority to approve codes of conduct for building practitioners.
Code Prepared by Authority
- Section 177A allows for a code of conduct to be prepared by the Authority or industry.
Publication of Code
- Section 177B requires the code of conduct to be published.
Commencement of Code
- Section 177C concerns the commencement of the code of conduct.
Compliance with Code
- Section 177D requires building practitioners to comply with the approved code of conduct.
Application to Engineers
- Section 177E specifies that the Division applies to endorsed building engineers.
Disciplinary Action Defined
- Section 178 defines "disciplinary action."
Application to Suspended Practitioners
- Section 178A states that the Division applies to suspended practitioners.
Grounds for Disciplinary Action
- Section 179 outlines grounds for disciplinary action.
Conduct of Body Corporate
- Section 179A states conduct of a body corporate or partnership can be considered conduct of a building practitioner director or partner.
Mandatory Cancellation
- Section 179B mandates cancellation of registration if a practitioner is not a fit and proper person.
Grounds for Immediate Suspension
- Section 180 outlines grounds for immediate suspension.
Immediate Suspension
- Section 180A concerns immediate suspension of registration.
Period of Suspension
- Section 180B specifies the period of suspension.
Period of Grace
- Section 180C provides a period of grace where a director dies, resigns, or is removed/disqualified.
Ability to Practise
- Section 181 concerns the ability to practise.
Revocation of Suspension
- Section 181A concerns the revocation of suspension.
Show Cause Notice
- Section 182 concerns the show cause notice process.
Representations About Notice
- Section 182A concerns representations about a show cause notice.
Decision About Action
- Section 182B deals with decisions on whether to take disciplinary action.
Ending Process Without Action
- Section 182C concerns ending the show cause process without further action.
Action by Authority
- Section 182D allows disciplinary or other action by the Authority on giving of an undertaking.
Action After Notice
- Section 182E concerns taking disciplinary action after a show cause notice.
Notice of Decisions
- Section 183 concerns notice of decisions.
Practitioner to Give Notice
- Section 183A requires a building practitioner to give notice in certain situations.
Complaint Privileged
- Section 183B states that a complaint is privileged.
Consequences of Suspension
- Section 183C outlines the consequences of suspension of registration.
Revocation of Suspension
- Section 183D concerns the revocation of suspension.
Authority May Recover Penalties
- Section 183E states the Authority may recover penalties.
Definitions
- Section 184 provides definitions.
Application to Engineers
- Section 184A specifies that the Division applies to endorsed building engineers.
Applying for Internal Review
- Section 185 concerns applying for internal review.
Who May Conduct Review?
- Section 185A specifies who may conduct an internal review.
Adjoining Occupier
- An adjoining occupier is defined as an occupier of an adjoining property.
Adjoining Owner
- An adjoining owner is defined as the owner of an adjoining property.
Adjoining Property
- An adjoining property includes land and structures near a site where building work is carried out, posing a risk of significant damage from the building work.
Automatic Deemed Registration
- Automatic deemed registration aligns with section 4(1) of the Commonwealth's Mutual Recognition Act 1992.
Binding Determination
- A binding determination is issued by the State Building Surveyor under section 206E.
Building (Definition)
- A building includes a structure and a temporary building.
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Description
Summary of key points from building surveyor regulation sections. Covers permit cancellations, document submission, application refusal reasons, register details, surveyor duties, and delegation rules.
