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Legislative Assembly for the ACT: 2021 Week 04 Hansard (Friday, 23 April 2021) . . Page.. 1200 ..

Building—defects(Question Nos 151 and 152)

Ms Castley asked the Minister for Planning and Land Management and the Minister for Transport and City Services, upon notice, on 1 April 2021 (redirected to the Minister for Business and Better Regulation):

(1) In relation to the structural integrity of the Symphony Park building in Harrison and complaints (a) 210226-002214 – Negligence of Executive Committee, (b) 201108-000432 – Misleading conduct – wrong report – by Sellick Consultants, (c) 201029-001431 – Misleading conduct of PBS Building ACT, (d) 201025-000443 – Deceptive and Unfair Conduct of Independent Strata Management and (e) 201009-000759 – Building defects – noises – balcony leak – building movement Unit 60, raised with Access Canberra/Fair Trading which no responses have been received, is the Minister aware of the issues in this complex.

(2) What rights do the owners have in relation to these issues.

(3) What action has the Minister taken and what has been the outcome of that action.

Ms Cheyne: The answer to the member’s question is as follows:

Question 1

Yes, I am aware of the alleged issues at this complex and that Access Canberra are currently working through these issues. I am also aware that Access Canberra has been in contact with the complainant and will continue to keep the complainant updated as the investigation progresses.

Question 2

Unit Titles – Under the Unit Titles (Management) Act 2011 (UTMA), the owners have ability to take disputes they have with either their executive committee, their strata manager or another member of the unit plan to the ACT Civil and Administrative Tribunal. Further, the UTMA allows for owners to take action to remove the strata manager if the owners corporation believe the strata manager has failed in its duties or breached the managers code of conduct.

Building – Under the Construction Occupations (Licencing) Act 2004 (COLA), anyone who believes a licensee is contravening or a licensee or former licensee has contravened COLA or an operational Act, may complain to the Construction Occupations Registrar (the Registrar).

Under COLA, the Registrar can issue a Rectification Order against builders and other entities after considering all submissions received in response to the Notice of Intention to make a Rectification Order (NOI), and providing there is sufficient evidence to do so.

Question 3

I have referred the matter onto Access Canberra as the regulator for both Building and Fair-Trading matters. Access Canberra are currently investigating these matters and I have asked they keep me appraised as to their investigations.

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