Personal information
3. What is your name?
Name
(Required)
Laina Chan
5. On whose behalf are you making a submission?
Oh whose behalf are you making this submission?
Please select one item
(Required)
Radio button:
Unticked
I am making this submission on my own behalf
Radio button:
Unticked
I am making this submission on behalf of a business
Radio button:
Ticked
I am making this submission on behalf of an industry body
Radio button:
Unticked
I am making this submission on behalf of a government agency
6. What is your organisation?
Organisation
Society of Construction Law Australia
7. Which best describes your industry sector?
Which best describes your industry sector?
Please select one item
Radio button:
Unticked
Building Commercial
Radio button:
Unticked
Building Residential
Radio button:
Unticked
Building Commercial and Residential
Radio button:
Unticked
Building and plumbing products
Radio button:
Unticked
Building Certification/ Surveying
Radio button:
Unticked
Architecture and design
Radio button:
Unticked
Engineering
Radio button:
Unticked
Plumbing
Radio button:
Unticked
Compliance, testing and accreditation
Radio button:
Unticked
Legal and Finance
Radio button:
Unticked
Specialist - disability access
Radio button:
Unticked
Specialist - energy efficiency
Radio button:
Unticked
Specialist - fire safety
Radio button:
Unticked
Specialist - health
Radio button:
Unticked
Specialist - hydraulic/ plumbing
Radio button:
Unticked
Student/ apprentices
Radio button:
Unticked
Trades and other construction services
Radio button:
Unticked
Education
Radio button:
Ticked
Community and Non-Government organisations
Radio button:
Unticked
Government
Radio button:
Unticked
General Public
Radio button:
Unticked
Other
8. Please select your state or territory
State or Territory
Please select one item
Radio button:
Unticked
ACT
Radio button:
Ticked
NSW
Radio button:
Unticked
NT
Radio button:
Unticked
Qld
Radio button:
Unticked
SA
Radio button:
Unticked
Tas
Radio button:
Unticked
Vic
Radio button:
Unticked
WA
9. If you work in the building industry, in which state or territory do you undertake the most work?
which state or territory do you undertake the most work
Please select one item
Radio button:
Unticked
ACT
Radio button:
Ticked
NSW
Radio button:
Unticked
NT
Radio button:
Unticked
Qld
Radio button:
Unticked
SA
Radio button:
Unticked
Tas
Radio button:
Unticked
Vic
Radio button:
Unticked
WA
Radio button:
Unticked
NA - I do not work in the building industry
Terminology and acronyms
10. Do you agree with the terminology proposed for ‘building approval process’ ‘certificate of compliance’, ‘certify or certifying’ and ’private building surveyor’?
| Terminology proposed for 'building approval process' Yes Radio button: Checked Yes | Terminology proposed for 'building approval process' No Radio button: Not checked No | Terminology proposed for 'building approval process' Unsure Radio button: Not checked Unsure |
| Terminology proposed for 'certificate of compliance' Yes Radio button: Checked Yes | Terminology proposed for 'certificate of compliance' No Radio button: Not checked No | Terminology proposed for 'certificate of compliance' Unsure Radio button: Not checked Unsure |
| Terminology proposed for 'certify' or 'certifying' Yes Radio button: Checked Yes | Terminology proposed for 'certify' or 'certifying' No Radio button: Not checked No | Terminology proposed for 'certify' or 'certifying' Unsure Radio button: Not checked Unsure |
| Terminology proposed for 'private building surveyor' Yes Radio button: Checked Yes | Terminology proposed for 'private building surveyor' No Radio button: Not checked No | Terminology proposed for 'private building surveyor' Unsure Radio button: Not checked Unsure |
11. Do you have any comments on other defined terms and their use in the context of this discussion paper?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Application of recommendations 9 and 11 to private building surveyors
12. Should specific principles of recommendations 9 and 11 apply to council employed building surveyors?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 1: Appointment by the owner or agent
13. Do you agree with the recommended option for Principle 1?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
14. Should legislation expressly provide for the appointment of an agent?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
It is not strictly necessary to provide for the appointment of an agent as the principles of agency ought to automatically apply. However for the avoidance of confusion, it is best to make it clear that agents may be appointed.
15. Should the requirement for who can appoint the building surveyor vary based on building type, complexity or procurement arrangement?
| Requirement should vary based on building type Yes Radio button: Not checked Yes | Requirement should vary based on building type No Radio button: Checked No | Requirement should vary based on building type Unsure Radio button: Not checked Unsure |
| Requirement should vary based on building complexity Yes Radio button: Not checked Yes | Requirement should vary based on building complexity No Radio button: Checked No | Requirement should vary based on building complexity Unsure Radio button: Not checked Unsure |
| Requirement should vary based on procurement arrangement Yes Radio button: Not checked Yes | Requirement should vary based on procurement arrangement No Radio button: Checked No | Requirement should vary based on procurement arrangement Unsure Radio button: Not checked Unsure |
Principle 2: Appointment to be documented
16. Should the model guidance include a requirement for owners to pay private building surveyors up front for their services?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
This ought to assist in ensuring the independence of the private building surveyor.
17. Do you have any other comments in relation to the fees charged by building surveyors for their services and whether this should be regulated?
Additional comments.
No.
18. Do you agree with the recommended option for Principle 2?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
19. If notification of appointment is to occur after a specified time, what should that timeframe be?
Please select one item
Radio button:
Unticked
5 days
Radio button:
Ticked
10 days
Radio button:
Unticked
other
20. When should the timeframe be calculated from?
Please select one item
Radio button:
Ticked
From signing an agreement to provide services
Radio button:
Unticked
From receipt of an application for building approval
Radio button:
Unticked
From another point in the process
21. For Option 2, should a national agreement be developed or an agreement developed by each jurisdiction?
Please select one item
Radio button:
Ticked
National agreement
Radio button:
Unticked
Agreement developed by each jurisdiction
Please explain your answer.
Uniform Laws in the building industry would be ideal as it would greatly assist companies who do business across jurisdictions.
Principle 3: Controls on termination of appointment
23. Do you agree with the recommended option for Principle 3?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
If you answered 'no' or 'unsure', please explain your answer.
This will contribute to the independence of private building surveyors and hopefully assist in the independence of building surveyors.
24. If transfers of functions can occur by consent, could the building surveyor find themselves under pressure from the builder or developer to consent to the transfer?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
25. Should it be an offence for an owner to appoint multiple building surveyors for one project?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
Please explain your answer.
It may be ideal to have different building surveyors with different qualifications. However, if this option is adopted then there would have to be a principal building surveyor appointed. This issue of expertise is currently dealt with by the ability of the surveyor to rely upon the certificates issued by others more qualified than the surveyor on the particular area of expertise.
26. Are there other matters relating to the appointment or termination of appointment of the private building surveyor that should be included in the model guidance? This question relates to all options and discussion on the appointment of the private building surveyor.
| Other matters relating to the appointment of the private building surveyor Yes Radio button: Not checked Yes | Other matters relating to the appointment of the private building surveyor No Radio button: Checked No |
| Other matters relating to the termination of appointment of the private building surveyor Yes Radio button: Not checked Yes | Other matters relating to the termination of appointment of the private building surveyor No Radio button: Checked No |
Principle 4: Conflict of interest controls
27. The matters below were not recommended in the BCR. Should either of these matters be included in the model guidance?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Yes, this should again assist in ensuring the integrity of building surveyors.
28. Should the model guidance include conflict of interest controls for persons providing certificates of compliance to the private building surveyor?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Yes, as the value of the certificates issued by the building surveyor is based upon the integrity of the certificates of compliance that the building surveyor is provided with.
29. Do you agree with the recommended option for Principle 4 ‘Preparation of design’?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
30. For Option 1 of Principle 4 'Preparation of design', are there aspects of sub-paragraphs a to d that should be changed or removed from the definition of ‘participate in design work’?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
32. Would Option 2 of Principle 4 ‘Preparation of design’ create practical problems in rural areas or smaller jurisdictions where there are fewer practitioners?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
Please explain your answer
I do not have the data on the availability of surveyors in rural areas or smaller jurisdictions in order to make comment.
33. Would Option 2 of Principle 4 ‘Preparation of design’ have a significant impact on project cost or timing in smaller jurisdictions or rural areas?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
Please explain your answer.
I do not have the data on the availability of surveyors in rural areas or smaller jurisdictions in order to make comment.
34. Should the requirement from the NSW scheme outlined below, or a version of it, be included in the definition of ‘participate in design work’?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Yes, this will ensure that fire engineering design is left to the appropriately qualified fire engineer.
35. Should the requirement from the ACT scheme outlined below, or a version of it, be included in the definition of ‘participate in design work’?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
This will assist in the rectification of the non-compliant work.
36. Do you agree with the recommended option for Principle 4 ‘Pecuniary interest’?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
37. For Option 1 of Principle 4 ‘Pecuniary interest’, are there aspects of sub-paragraphs a to c that should be changed or removed?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
38. Would Option 1 or Option 2 of Principle 4 ‘Pecuniary interest’ create practical problems in rural areas or smaller jurisdictions where there are fewer practitioners?
| Option 1 would create practical problems in rural areas Yes Radio button: Not checked Yes | Option 1 would create practical problems in rural areas No Radio button: Not checked No | Option 1 would create practical problems in rural areas Unsure Radio button: Checked Unsure |
| Option 1 would create practical problems in smaller jurisidictions Yes Radio button: Not checked Yes | Option 1 would create practical problems in smaller jurisidictions No Radio button: Not checked No | Option 1 would create practical problems in smaller jurisidictions Unsure Radio button: Checked Unsure |
| Option 2 would create practical problems in rural areas Yes Radio button: Not checked Yes | Option 2 would create practical problems in rural areas No Radio button: Not checked No | Option 2 would create practical problems in rural areas Unsure Radio button: Checked Unsure |
| Option 2 would create practical problems in smaller jurisidictions Yes Radio button: Not checked Yes | Option 2 would create practical problems in smaller jurisidictions No Radio button: Not checked No | Option 2 would create practical problems in smaller jurisidictions Unsure Radio button: Checked Unsure |
Please explain your answer.
I do not have the data to make comment.
39. Would Option 1 or Option 2 of Principle 4 ‘Pecuniary interest’ have a significant impact on project cost or timing in smaller jurisdictions or rural areas?
| Option 1 would have a significant impact on project costs in smaller jurisdictions Yes Radio button: Not checked Yes | Option 1 would have a significant impact on project costs in smaller jurisdictions No Radio button: Not checked No | Option 1 would have a significant impact on project costs in smaller jurisdictions Unsure Radio button: Checked Unsure |
| Option 1 would have a significant impact on project costs in rural areas Yes Radio button: Not checked Yes | Option 1 would have a significant impact on project costs in rural areas No Radio button: Not checked No | Option 1 would have a significant impact on project costs in rural areas Unsure Radio button: Checked Unsure |
| Option 1 would have a significant impact on project timing in smaller jurisdictions Yes Radio button: Not checked Yes | Option 1 would have a significant impact on project timing in smaller jurisdictions No Radio button: Not checked No | Option 1 would have a significant impact on project timing in smaller jurisdictions Unsure Radio button: Checked Unsure |
| Option 1 would have a significant impact on project timing in rural areas Yes Radio button: Not checked Yes | Option 1 would have a significant impact on project timing in rural areas No Radio button: Not checked No | Option 1 would have a significant impact on project timing in rural areas Unsure Radio button: Checked Unsure |
| Option 2 would have a significant impact on project costs in smaller jurisdictions Yes Radio button: Not checked Yes | Option 2 would have a significant impact on project costs in smaller jurisdictions No Radio button: Not checked No | Option 2 would have a significant impact on project costs in smaller jurisdictions Unsure Radio button: Checked Unsure |
| Option 2 would have a significant impact on project costs in rural areas Yes Radio button: Not checked Yes | Option 2 would have a significant impact on project costs in rural areas No Radio button: Not checked No | Option 2 would have a significant impact on project costs in rural areas Unsure Radio button: Checked Unsure |
| Option 2 would have a significant impact on project timing in smaller jurisdictions Yes Radio button: Not checked Yes | Option 2 would have a significant impact on project timing in smaller jurisdictions No Radio button: Not checked No | Option 2 would have a significant impact on project timing in smaller jurisdictions Unsure Radio button: Checked Unsure |
| Option 2 would have a significant impact on project timing in rural areas Yes Radio button: Not checked Yes | Option 2 would have a significant impact on project timing in rural areas No Radio button: Not checked No | Option 2 would have a significant impact on project timing in rural areas Unsure Radio button: Checked Unsure |
Please explain your answer.
I do not have the data to comment
40. Does the term ‘pecuniary interest’ need to be defined?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
If you answered 'yes' please explain why and provide a definition.
The definition ought not be an exclusive definition. However, a definition may assist in determining what the legislature might constitute a pecuniary interest as well provide clarification as to whether remote personal interests or shareholder or director interests in companies involved in the building project would constitute a pecuniary interest.
41. Are there aspects of sub-paragraphs a to f that should be changed or removed from the definition of ‘related person’?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
42. Would Option 1 of Principle 4 ‘Related persons’ create practical problems in rural areas or smaller jurisdictions where there are fewer practitioners?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
If you answered 'yes' please provide further information.
I am not qualified to comment.
43. Would Option 1 of Principle 4 ‘Related persons’ have a significant impact on project cost or timing in smaller jurisdictions or rural areas?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
If you answered 'yes' please provide further information.
I am not qualified to comment.
44. Should the model guidance also suggest the above conflict of interest controls be offences?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
If you answered 'yes' please provide further information.
I think that this ought to depend upon the nature of the conflict of interest.
Principle 5: Accepting certificates of compliance from others
47. Are there any other key matters for checking or other issues to consider in developing the model guidance relating to the reliance on certificates of compliance by building surveyors?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
If you answered 'yes' please provide further information.
In addition to satisfying themselves that the person providing the certificate of compliance is competent and that the certificate has been completed properly, it would be ideal to ensure that the person providing the certificates has carried out the proper inspections and any requisite inspections to ensure that any rectification orders have been complied with.
The whole certification model is based upon a quality assurance model that assumes that the certificates that have been issued upon which the building surveyor relies upon is reliable. This is often not the case. More should be done beyond checking that a certificate has been properly issued by a competent person to ensure the integrity of the final occupation certificate.
The whole certification model is based upon a quality assurance model that assumes that the certificates that have been issued upon which the building surveyor relies upon is reliable. This is often not the case. More should be done beyond checking that a certificate has been properly issued by a competent person to ensure the integrity of the final occupation certificate.
48. Do you agree with the recommended option for Principle 5?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
If you answered 'no' or 'unsure', please explain your answer.
Yes, but please also see comments to Q47 above.
50. For Option 2, should the guidance be developed nationally or should each jurisdiction prepare its own guidance?
Please select one item
Radio button:
Ticked
Guidance developed nationally
Radio button:
Unticked
Guidance developed by each jurisdiction
Please explain your answer.
Uniform Laws and guidance are ideal as this would assist companies practising across jurisdictions.
51. Are there other options or matters that should be considered?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Yes see answer to Q 47 above.
Principle 6: Provision of information to the owner, builder or applicant
52. Do you agree with the recommended option for Principle 6 'Types of information to be given', being required to be provided by the building surveyor?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
53. For the 'approved information sheet' in clause a of Option 1 of Principle 6 'Types of information to be given', should a national model be developed, or should each jurisdiction prepare their own versions?
Please select one item
Radio button:
Ticked
National model
Radio button:
Unticked
Each jurisdiction prepares its own version
Please explain your answer.
Uniform laws and guidance are the ideal as this would assist companies practising across jurisdictions.
54. Do you agree with the recommended Option for Principle 6 'who should the information be given to?'
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
56. Are there other options that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 7: Rights of appeal against the building surveyor
57. Do you agree with the recommended option for Principle 7?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Principle 8: Enhanced supervisory powers
60. Do you agree with the recommended option for Principle 8?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
61. Should the type of enforcement powers a private building surveyor has vary depending on the specifics of the building (building class, number of storeys or complexity)?
| Vary based on building class (Class 1, Class 2 etc.) Yes Radio button: Not checked Yes | Vary based on building class (Class 1, Class 2 etc.) No Radio button: Checked No | Vary based on building class (Class 1, Class 2 etc.) Unsure Radio button: Not checked Unsure |
| Vary based on number of building storeys Yes Radio button: Not checked Yes | Vary based on number of building storeys No Radio button: Checked No | Vary based on number of building storeys Unsure Radio button: Not checked Unsure |
| Vary based on building complexity Yes Radio button: Not checked Yes | Vary based on building complexity No Radio button: Checked No | Vary based on building complexity Unsure Radio button: Not checked Unsure |
62. Are there other options or matters that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 9: Mandatory reporting obligations
63. Do you agree with the recommended option for Principle 9?
Please select one item
(Required)
Radio button:
Unticked
Yes
Radio button:
Unticked
No
Radio button:
Ticked
Unsure
If you answered 'no' or 'unsure', please explain your answer.
This is likely to place the building surveyor in a difficult position. While I agree with the concept of reporting 'reportable natters', query whether, notice should first be given to the owner/builder of the issue so that the owner/builder has the opportunity to rectify the issue prior to the issue being reported.
This would accord with the principles of natural justice and provide an opportunity for the issue to be addressed before it is escalated.
This would accord with the principles of natural justice and provide an opportunity for the issue to be addressed before it is escalated.
64. For Option 1 of Principle 9, should the guidance be developed nationally or should each jurisdiction prepare its own guidance?
Please select one item
Radio button:
Ticked
Guidance developed nationally
Radio button:
Unticked
Guidance developed by each jurisdiction
Please explain your answer.
Again, uniform laws are the ideal and it would assist companies practising across jurisdictions.
65. For Option 2 of Principle 9, should the guidance be developed nationally or should each jurisdiction prepare its own guidance?
Please select one item
Radio button:
Ticked
Guidance developed nationally
Radio button:
Unticked
Guidance developed by each jurisdiction
Please explain your answer.
Again, uniform laws are the ideal and it would assist companies practising across jurisdictions.
66. For Option 3 of Principle 9, which industry bodies could run the scheme?
Industry bodies
The Office of Building Commissioner at the NSW Department of Customer Services.
67. For Option 3 of Principle 9, would a new industry body need to be established?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
The Office of Building Commissioner at the NSW Department of Customer Services.
68. For Option 3 of Principle 9, should the scheme operate nationally or would there need to be a scheme in each jurisdiction?
Please select one item
Radio button:
Unticked
Scheme operate nationally
Radio button:
Ticked
Scheme operate in each jurisdiction
Please explain your answer.
The scheme should ideally operate nationally. However, given that each state has different legislative requirements, perhaps the scheme can operate nationally but be enforced by state based industry bodies. Consideration ought to be given as well to the establishment of a national register so that consumers may identify entities that have been found guilty of 'reportable offences'.
Principle 10: Co-regulatory support
69. Do you agree with the recommended option for Principle 10?
Please select one item
(Required)
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure