Northern Territory Numbered Regulations
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BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK DISPUTES) REGULATIONS
(NO 43 OF 2012)
TABLE OF PROVISIONS
CHAPTER 1--INTRODUCTION
PART 1.1--PRELIMINARY MATTERS
1. Citation
2. Commencement
3. Application to public authority residential building work
PART 1.2--INTERPRETATION
Division 1--Defined terms
4. Definitions
Division 2--Important concepts
5. Residential building work for mediation or conciliation application
6. Residential building work for other applications
7. Effective period for consumer guarantees
8. Contravention of consumer guarantees
9. Non-structural defects and structural defects
CHAPTER 2--APPLICATIONS TO COMMISSIONER
PART 2.1--MAKING APPLICATIONS AND DECISIONS ABOUT ACCEPTANCE
Division 1--Procedures for mediation or conciliation application
10. Mediation or conciliation application
11. Making mediation or conciliation application
12. Consideration of mediation or conciliation application and acceptance
13. Decision to reject mediation or conciliation application
Division 2--Procedures for technical inspection application
14. Technical inspection application
15. Making technical inspection application
16. Consideration of technical inspection application and acceptance
17. Decision to reject technical inspection application
Division 3--Procedures for consumer guarantee dispute application
18. Specified circumstance for consumer guarantee dispute application
19. Making consumer guarantee dispute application
20. Decision whether to accept consumer guarantee dispute application
21. Decision to reject consumer guarantee dispute application
PART 2.2--PROCEDURES FOR CONSUMER GUARANTEE DISPUTE APPLICATIONS ACCEPTED BY COMMISSIONER
Division 1--Procedures before making dispute decision
22. Assistance to locate respondent
23. Procedure after acceptance of application
24. Response to application
25. Procedure if response given
26. Failure to give response
27. Conducting proceeding
28. Directions hearing
29. Conducting hearing
30. Evidence at hearing
31. Referrals to Tribunal
Division 2--Making dispute decision
32. Dispute decisions generally
33. Orders relating to non-completion of work
34. Orders relating to defective work
35. Compliance period and order to notify compliance
36. Appeal to Tribunal
37. Publication of dispute decision
38. No liability for publication of report in good faith
PART 2.3--NEGOTIATED AGREEMENT PROCESS
Division 1--Preliminary conference
39. Application of Division
40. Procedure for mediation or conciliation application
41. Facilitating preliminary conference for any application
42. Purpose of preliminary conference and role of convenor
Division 2--Mediation conference and conciliation conference
43. Facilitating mediation conference or conciliation conference
44. Purpose of mediation conference and role of convenor
45. Purpose of conciliation conference and role of convenor
Division 3--General provisions
46. Convenor for conference
47. Attendance at conference
48. Place for holding conference
49. Conference not open to public
50. Record of conference and outcomes
51. Effect of agreement and related decision
52. Effect if no agreement reached
53. Restriction on evidence
54. Confidentiality
PART 2.4--TECHNICAL INSPECTION AND TECHNICAL REPORT
Division 1--Appointment of qualified person and technical inspection
55. Appointment of qualified person
56. Entry to conduct technical inspection and presence of parties
57. Conducting technical inspection
58. Additional defective work found during technical inspection
59. Obtaining additional expert investigation and report
60. Notice to building certifier
61. Offences relating to technical inspection
Division 2--Technical report by qualified person
62. Giving technical report to Commissioner
63. Giving technical report and notice to parties
64. Technical inspection application other than for consumer guarantee dispute application
65. Technical inspection application made for consumer guarantee dispute application
PART 2.5--GENERAL PROCEDURES FOR ALL APPLICATIONS
66. Lodgment and fees
67. General conduct of proceeding
68. Representation of party
69. Power to amend where defect or error in form
70. Effect of non-compliance with procedures
71. Withdrawal of application
72. Costs
73. Contempt
CHAPTER 3--PROCEEDINGS BEFORE TRIBUNAL
PART 3.1--REVIEWS OF COMMISSIONER'S DECISIONS
74. Reviewable decision and affected person
75. Review notice
76. Application for review
77. Operation and implementation of decision pending review
78. Review procedure
79. Decision on review
PART 3.2--APPEALS AGAINST DISPUTE DECISIONS
80. Lodging appeal and providing copies
81. Operation and implementation of decision pending appeal
82. Appeal procedure
83. Decision on appeal
84. Appeal to Supreme Court
PART 3.3--REFERRALS TO TRIBUNAL BY COMMISSIONER
85. Questions of law
86. Complex proceedings
87. Appeal to Supreme Court
CHAPTER 4--ENFORCEMENT OF DECISIONS AND CONSEQUENCES OF CONTRAVENTIONS
PART 4.1--ENFORCEMENT OF DECISIONS
88. Enforcement of order to pay money
89. Application to Local Court for enforcement of other orders
PART 4.2--CONSEQUENCES OF CONTRAVENTIONS
90. Failure to give notice about compliance
91. Offence to give false or misleading information in notice about compliance
92. Disciplinary action for specified contravention of dispute decision
93. Other disciplinary action for contravention of dispute decision
94. Disciplinary action for contravention of Tribunal's decision
95. Offence to contravene order of decision maker
CHAPTER 5--MISCELLANEOUS MATTERS
96. Protection from liability
97. Records of applications
98. Commissioner to give notice of contraventions by builder
SCHEDULE 1
SCHEDULE 2
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