Current Codes of Conduct
Do you agree with the characterisation of consistency, completeness and comprehensibility as issues with the current codes of conduct?
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Yes
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No
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Are there any other issues with the existing Building Surveyor codes of conduct that you believe are impacting their effectiveness?
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Most issues are with larger buildings and developments. I work a lot with small developments for small businesses or families. I am concerned that the increased requirements for separating performance solutions will be a significant cost increase for small unauthorised buildings. For example, it happens frequently that the ceiling level of an enclosed garage is less than 2.4m but with ample light and natural ventilation this is often acceptable with a performance requirement. The percentage of the cost of the building work versus the cost of getting this approved will dramatically increase making this no longer a viable solution. I think these situations should also be considered.
Do you support the development of a nationally consistent code of conduct for Building Surveyors? Please feel free to explain your answer in the free text box below
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Yes - there should be a single code of conduct for all building surveyors across Australia
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Yes - there should be consistency between state and territory codes of conduct (i.e. harmonised approach)
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No - it is better to have state and territory codes of conduct aligned to local regulatory requirements
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No - a code of conduct is unnecessary for building surveyors.
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Other
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I would prefer to have one code of conduct across Australia, but understand that as long as there is no building legislation across australia it will be very difficult as the requirements can differ quite significantly as well as the definitions and terms. So in the current system, I thing consistency is important.
General Design of Code of Conduct
Do you agree with the objective of setting a minimum standard of acceptable professional conduct?
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Yes - focusing on the minimum standard is appropriate
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No - the code should be set above the minimum
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No - a different approach is required (please explain your preferred approach below)
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However, my experience is that the minimum standard is going to be the standard.
Do you agree with the proposed scope of the code of conduct?
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Agree
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No - should cover all professional activities
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No - should cover relevant personal activities
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No - should cover any person performing certification
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No - should exclude public building surveyors
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No - other reason (please explain below)
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In WA any person performing certification is registered. Currently it is permitted to work across multiple areas of a project. This should still be possible for smaller projects which may need to be defined or justified by the building surveyor. I think that the code of conduct should clarify what professional conduct is acceptable across all responsibilities.
Do you find the obligation and sub-obligation approach helpful for understanding the nature and content of the code of conduct?
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Yes
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No
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Partly - please explain below
Is there a need for a code of conduct if a professional standards scheme is in place? Feel free to explain your answer in the free text box below.
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Yes
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No
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The court will look at if the minimum code of conduct is achieved and if you want to be a member of an association, which is currently not required, you may be required to conduct to a higher standard. as along as they are not contradictary.
Proposed Obligations of Building Surveyors
Do you agree with the reasons provided for the inclusion of specific obligations? If you do not agree, please explain why you disagree with the reasoning in the free text box.
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Agree with all reasons
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Disagree with reasoning for Obligation 1 (public interest)
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Disagree with Sub-Obligation 1.1 (reporting of suspicions)
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Disagree with Sub-Obligation 1.2 (interpretation of NCC)
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Disagree with reasoning for Obligation 2 (duty of care)
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Disagree with Sub-Obligation 2.1 (act within competency)
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Disagree with Sub-Obligation 2.2 (maintain competency)
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Disagree with Sub-Obligation 2.3 (obtain relevant facts)
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Disagree with Sub-Obligation 2.4 (reliance on experts)
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Disagree with Sub-Obligation 2.5 (staff and contractors)
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Disagree with Sub-Obligation 2.6 (confidential information)
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Disagree with Sub-Obligation 2.7 (documenting reasons)
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Disagree with reasoning for Obligation 3 (conflict of interest)
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Disagree with Sub-Obligation 3.1 (bias)
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Disagree with Sub-Obligation 3.2 (improper benefits)
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Disagree with Sub-Obligation 3.3 (reviewing own work)
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Disagree with reasoning for Obligation 4 (honesty)
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Disagree with Sub-Obligation 4.1 (notifying regulators)
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Disagree with reasoning for obligation 5 (respect)
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Disagree with Sub-Obligation 5.1 (receiving enquiries)
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Disagree with Sub-Obligation 5.2 (receiving complaints)
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Disagree with Sub-Obligation 5.3 (working with others)
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1.1 Duty to report: I am supporting that we have to report serious non-compliance. However, there is also the interpretation issue. If it is interpretation it is not a serious non-compliance issue. When I get a request for a certificate that has had a previous building surveyor, I always contact the previous building surveyor to make them aware and to make sure there is not dispute. Usually there is a different reason. But I may not always be aware that there was a previous building surveyor involved. Do we have to make enquiries? That should be clear.
2.1 Act within competency: As long as competency doesn't mean experience. I am competent to assess and interpret the BCA but may get a building with a use I have previously not assessed. I am still competent to assess it. If this is not acceptable, I will never get experience in other building classifications. If I have queries, I get help. That is my responsibility.
3.3 reviewing own work: I do a lot of pre-assessments on the design of buildings for planning approval to make sure there are no major issues when the design is worked out into working drawings and ready for certification. The assessment is still BCA compliance. If there is a non-compliance issue I indicate a possible solution by suggesting a performance solution by a fire engineer. They still have to get that by a different professional that has their own code of conduct and expertise.
Another example is the example I used before, when it is a conversion of a garage to habitable room with a reduced ceiling height. During my inspection i assess if the performance requirements have been met. I then write the performance solution based on that and issue the certificate. Due tot he size of the job, to get a separate building surveyor to do a performance solution would significantly impact the percentage of design cost to construction cost. I don't see any benefit for these small solutions. Especially for existing buildings.
4.1 Notifying regulators: I am just making sure that if a claim has been accepted against the insurance, doesn't mean they are guilty. Shouldn't it be only if found guilty? But is the insurer wants to settle, it also doesn't mean guilty. How will that affect the registration?
5 Respect: Why is the sentence 'They must not engage in discrimination.' Separately used? Isn't this a federal law? That is not particularly in relation to being a building surveyor. That is common respect for everyone for everyone. By separating it, it appears as building surveyors are particularly prone to discriminatory behaviour.
5.1 receiving enquiries: How is the building surveyor getting the owners details? And what are they providing to them? I have a peerless office and do everything by email unless the council or other authority (DFES) doesn't support this. The only owner details available from a council is the postal address. Do I have to add cost and time to post letters to owners? That are not my client? The councils sent a copy fo the building permit to the owners which has the certificate details on them. Maybe an information sheet can go to the owners with the permit?
5.2 receiving complaints: I am all for communication in every way. However, I am a single person owning my now business. Do I really have to write that I will respond? I have not had any so how can I provide examples? Can there be an example policy we can copy?
2.1 Act within competency: As long as competency doesn't mean experience. I am competent to assess and interpret the BCA but may get a building with a use I have previously not assessed. I am still competent to assess it. If this is not acceptable, I will never get experience in other building classifications. If I have queries, I get help. That is my responsibility.
3.3 reviewing own work: I do a lot of pre-assessments on the design of buildings for planning approval to make sure there are no major issues when the design is worked out into working drawings and ready for certification. The assessment is still BCA compliance. If there is a non-compliance issue I indicate a possible solution by suggesting a performance solution by a fire engineer. They still have to get that by a different professional that has their own code of conduct and expertise.
Another example is the example I used before, when it is a conversion of a garage to habitable room with a reduced ceiling height. During my inspection i assess if the performance requirements have been met. I then write the performance solution based on that and issue the certificate. Due tot he size of the job, to get a separate building surveyor to do a performance solution would significantly impact the percentage of design cost to construction cost. I don't see any benefit for these small solutions. Especially for existing buildings.
4.1 Notifying regulators: I am just making sure that if a claim has been accepted against the insurance, doesn't mean they are guilty. Shouldn't it be only if found guilty? But is the insurer wants to settle, it also doesn't mean guilty. How will that affect the registration?
5 Respect: Why is the sentence 'They must not engage in discrimination.' Separately used? Isn't this a federal law? That is not particularly in relation to being a building surveyor. That is common respect for everyone for everyone. By separating it, it appears as building surveyors are particularly prone to discriminatory behaviour.
5.1 receiving enquiries: How is the building surveyor getting the owners details? And what are they providing to them? I have a peerless office and do everything by email unless the council or other authority (DFES) doesn't support this. The only owner details available from a council is the postal address. Do I have to add cost and time to post letters to owners? That are not my client? The councils sent a copy fo the building permit to the owners which has the certificate details on them. Maybe an information sheet can go to the owners with the permit?
5.2 receiving complaints: I am all for communication in every way. However, I am a single person owning my now business. Do I really have to write that I will respond? I have not had any so how can I provide examples? Can there be an example policy we can copy?
Supporting Documents
Do you find the draft Explanatory Statement helpful in understanding how the code of conduct could apply in practice? (You can explain your answer in response to the next question)
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Yes
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No
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Are there any areas of the Explanatory Statement where additional guidance would be helpful?
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It will be a great help to explain to other parties, like the builder, what our legislative responsibilities are.
Should the guidance in the Explanatory Statement be combined with the code to form a single document?
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Yes
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No
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Does the draft Compliance Plan capture best practice? If not, what changes would be required to ensure it does?
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Yes
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No
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