❓ A WA parliamentary question regarding a building inspection report in Cloverdale. The Minister declines to provide details due to confidentiality provisions and ongoing legal proceedings.
AnsweredQoN 8Legislative Assembly
QuestionView source ↗
I refer to the National Construction Compliance
Certificate Report from February 2019 in relation to the property at 273 Fulham
Street, Cloverdale, and I ask: (a) Has the Building Commission investigated the content of
the report: (i) If not, why not; (b) Please outline the nature of planning, building and construction defects – latent or otherwise – identified in the report; (c) Were any of the defects identified considered likely to present a risk to the health, safety or wellbeing of building occupants; (d) What, if any, action has been taken in response to recommendations contained in the report; (e) Is the Minister aware of any legal proceedings associated with the publication of the report; and (f) Will the Minister table a copy of the report: (i) If not, why not?
Certificate Report from February 2019 in relation to the property at 273 Fulham
Street, Cloverdale, and I ask: (a) Has the Building Commission investigated the content of
the report: (i) If not, why not; (b) Please outline the nature of planning, building and construction defects – latent or otherwise – identified in the report; (c) Were any of the defects identified considered likely to present a risk to the health, safety or wellbeing of building occupants; (d) What, if any, action has been taken in response to recommendations contained in the report; (e) Is the Minister aware of any legal proceedings associated with the publication of the report; and (f) Will the Minister table a copy of the report: (i) If not, why not?
AnswerView source ↗
Answered
4 August 2021
Responded by
Minister for Commerce
Response time
3 days
(a) I am advised that there is no National Construction Compliance Certificate Report. The report of February 2019 is a General Inspection Report undertaken by the Department of Mines, Industry Regulation and Safety – Building and Energy Division itself.
(i) Not applicable
(b) The information cannot be disclosed. The Building Services (Complaint Resolution and Administration) Act 2011 (WA) (the Act) provides that any person engaged in the performance of functions under the Act must not disclose information obtained in the performance of these functions, unless a particular set of circumstances, detailed in s103 of the Act, applies. None of these exceptions applies in this case.
(c) As above.
(d) I am advised all serious non-compliances found during Building and Energy’s inspections are referred to the relevant local government permit authorities for their consideration of appropriate enforcement actions.
(e) I am advised there are civil proceedings underway and it is not appropriate for me to comment on these.
(f) No.
(i) I refer to my earlier answer about disclosure of information gathered under the Building
Services (Complaint Resolution and Administration) Act 2011 .
(i) Not applicable
(b) The information cannot be disclosed. The Building Services (Complaint Resolution and Administration) Act 2011 (WA) (the Act) provides that any person engaged in the performance of functions under the Act must not disclose information obtained in the performance of these functions, unless a particular set of circumstances, detailed in s103 of the Act, applies. None of these exceptions applies in this case.
(c) As above.
(d) I am advised all serious non-compliances found during Building and Energy’s inspections are referred to the relevant local government permit authorities for their consideration of appropriate enforcement actions.
(e) I am advised there are civil proceedings underway and it is not appropriate for me to comment on these.
(f) No.
(i) I refer to my earlier answer about disclosure of information gathered under the Building
Services (Complaint Resolution and Administration) Act 2011 .
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