Personal information
3. What is your name?
Name
(Required)
Peter Collins
5. On whose behalf are you making a submission?
Oh whose behalf are you making this submission?
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(Required)
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I am making this submission on my own behalf
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I am making this submission on behalf of a business
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I am making this submission on behalf of an industry body
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I am making this submission on behalf of a government agency
6. What is your organisation?
Organisation
PMAS Collins P/L
7. Which best describes your industry sector?
Which best describes your industry sector?
Please select one item
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Building Commercial
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Unticked
Building Residential
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Unticked
Building Commercial and Residential
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Unticked
Building and plumbing products
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Unticked
Building Certification/ Surveying
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Unticked
Architecture and design
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Unticked
Engineering
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Unticked
Plumbing
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Unticked
Compliance, testing and accreditation
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Legal and Finance
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Unticked
Specialist - disability access
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Unticked
Specialist - energy efficiency
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Unticked
Specialist - fire safety
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Unticked
Specialist - health
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Unticked
Specialist - hydraulic/ plumbing
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Unticked
Student/ apprentices
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Ticked
Trades and other construction services
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Unticked
Education
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Unticked
Community and Non-Government organisations
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Government
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General Public
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Other
8. Please select your state or territory
State or Territory
Please select one item
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ACT
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Unticked
NSW
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NT
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Unticked
Qld
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Unticked
SA
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Unticked
Tas
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Ticked
Vic
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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
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Unticked
ACT
Radio button:
Unticked
NSW
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Unticked
NT
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Unticked
Qld
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Unticked
SA
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Unticked
Tas
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Ticked
Vic
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Unticked
WA
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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
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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
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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:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
The guiding aim should be too "keep things simple". Adding complexity and needless pages
reeks of "Job justification" It serves no meaningful purpose
reeks of "Job justification" It serves no meaningful purpose
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.
service need to be paid for. This means a building surveyor shouldn't spend time chasing up payments etc.
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.
The only relevant issue is Building Surveyors not charging enough to do their job properly
18. Do you agree with the recommended option for Principle 2?
Please select one item
(Required)
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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
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Unticked
5 days
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Ticked
10 days
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Unticked
other
20. When should the timeframe be calculated from?
Please select one item
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Ticked
From signing an agreement to provide services
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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.
The building is supposed to be national.
22. For Option 2, should there be more than one version of the prescribed agreement developed to cater for different types of projects?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Keep it simple "stupid"
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
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
If you answered 'yes', please explain how this could be mitigated.
Take the Builders out of the decision making process
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:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
An owner - The person who is paying the bills etc should have the right to have another set of eyes overlooking the project!
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 explain your answer.
The questions doesn't make sense
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
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer
Self explanatory
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
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:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
A national building code
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
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Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
As above
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Simplify
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: 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: Not checked Unsure |
| Option 1 would create practical problems in smaller jurisidictions Yes Radio button: 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: Not checked Unsure |
| Option 2 would create practical problems in rural areas Yes Radio button: 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: Not checked Unsure |
| Option 2 would create practical problems in smaller jurisidictions Yes Radio button: 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: Not checked Unsure |
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: 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: Not checked Unsure |
| Option 1 would have a significant impact on project costs in rural areas Yes Radio button: 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: Not checked Unsure |
| Option 1 would have a significant impact on project timing in smaller jurisdictions Yes Radio button: 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: Not checked Unsure |
| Option 1 would have a significant impact on project timing in rural areas Yes Radio button: 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: Not checked Unsure |
| Option 2 would have a significant impact on project costs in smaller jurisdictions Yes Radio button: 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: Not 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: Not 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: Not checked Unsure |
| Option 2 would have a significant impact on project timing in rural areas Yes Radio button: 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: Not checked Unsure |
40. Does the term ‘pecuniary interest’ need to be defined?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
Please explain your answer.
Simplify
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
44. Should the model guidance also suggest the above conflict of interest controls be offences?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
If you answered 'yes' please provide further information.
Should apply across the board including Politicians etc
45. If the conflict of interest controls were suggested as offences in the model guidance, what penalty should apply?
Please provide further information.
Gaol terms and fines together
46. Are there other options or matters that should be considered in relation to conflicts of interest?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
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:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
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
49. For Option 2, do guidelines need to be prepared for how to meet the 'good faith' test?
Please explain your answer.
Simplify is the mantra!!!
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.
National code!!!
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.
Hold builders responsible
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
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
55. For Option 3 Principle 6 'who should the information be given to?', what information should be sent directly to the owner, builder or applicant?
information
Both paries
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
58. For Option 2, which types of decisions may have a “significant effect on the rights of an owner or other person” and should be subject to review rights?
Please provide further information.
Owners - he who pays should have ultimate power and rights, no bureaucracy
59. Are there any other options or matters that should be considered?
Please select one item
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Principle 8: Enhanced supervisory powers
60. Do you agree with the recommended option for Principle 8?
Please select one item
(Required)
Radio button:
Unticked
Yes
Radio button:
Ticked
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:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
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.
national code only!!!
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.
as above
66. For Option 3 of Principle 9, which industry bodies could run the scheme?
Industry bodies
Owners only and not industry bodies who aren't working for owners!!
67. For Option 3 of Principle 9, would a new industry body need to be established?
Please select one item
Radio button:
Ticked
Yes
Radio button:
Unticked
No
Radio button:
Unticked
Unsure
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:
Ticked
Scheme operate nationally
Radio button:
Unticked
Scheme operate in each jurisdiction
Principle 10: Co-regulatory support
69. Do you agree with the recommended option for Principle 10?
Please select one item
(Required)
Radio button:
Unticked
Yes
Radio button:
Ticked
No
Radio button:
Unticked
Unsure
If you answered 'no' please explain your answer.
simplify
70. How else could these parts of BCR recommendation 11 be implemented?
Please provide suggestions.
simplify