❓ A WA parliamentary question addresses consumer protection under the Home Building Contracts Act 1991, specifically regarding remedies for breaches and their extension to subsequent purchasers. The government clarifies its position, citing the lack of contractual relationship and alternative protections.
AnsweredQoN 974Legislative Council
QuestionView source ↗
I refer to the Home Building Contracts Act 1991 and in particular the provisions relating to consumer protection. Section 21 provides remedies for a breach of section 15, but is limited in time to three years and in extent to an owner as defined in section 3. (1) Do similar provisions exist in other Australian jurisdictions in respect of a statutory warranty; and, if so, are they limited to an original owner, or do they extend to subsequent purchasers within the relevant time period? (2) Has the Government considered extending the application of section 21 of the Home Building Contracts Act 1991 to include subsequent purchasers who have purchased within the three-year period, relevant to section 21? (3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS
AnswerView source ↗
I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(1) Do similar provisions exist in other Australian jurisdictions in respect of a statutory warranty; and, if so, are they limited to an original owner, or do they extend to subsequent purchasers within the relevant time period? (2) Has the Government considered extending the application of section 21 of the Home Building Contracts Act 1991 to include subsequent purchasers who have purchased within the three-year period, relevant to section 21? (3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(2) Has the Government considered extending the application of section 21 of the Home Building Contracts Act 1991 to include subsequent purchasers who have purchased within the three-year period, relevant to section 21? (3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(1) Do similar provisions exist in other Australian jurisdictions in respect of a statutory warranty; and, if so, are they limited to an original owner, or do they extend to subsequent purchasers within the relevant time period? (2) Has the Government considered extending the application of section 21 of the Home Building Contracts Act 1991 to include subsequent purchasers who have purchased within the three-year period, relevant to section 21? (3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(2) Has the Government considered extending the application of section 21 of the Home Building Contracts Act 1991 to include subsequent purchasers who have purchased within the three-year period, relevant to section 21? (3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(3) Has this or previous Governments raised this issue with the relevant housing industry associations or representative bodies in recent years; and, if so, what was the response? (4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(4) Would any policy issues prevent the adoption of a course of action to include subsequent purchasers? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
I thank the member for some notice of this question. The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
The Minister for Consumer and Employment Protection has provided an answer in these terms - (1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(1) Section 15 does not refer to a statutory warranty; it relates to conduct or terms of a contract that are unconscionable etc. (2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(2) No, because subsequent purchasers do not have any contractual relationship with the builder. (3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(3) No. (4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
(4) Yes, because subsequent purchasers have no contractual relationship with the builder, and the extension of the general provisions of the Home Building Contracts Act 1991 to subsequent purchasers would therefore be inappropriate. The only sections of the Act that do apply to subsequent purchasers are those that are contained within part 3A and which relate to the home indemnity insurance scheme. It is important to note that subsequent purchasers are protected against faulty or unsatisfactory workmanship problems under section 12A of the Builders’ Registration Act 1939, which allows any person to make a complaint to the Building Disputes Tribunal within six years of completion of the building work. The tribunal has the power to order the builder to rectify the work or to pay to the owner of the building such costs of remedying the work as are considered reasonable.
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