Constuction Law - Victorian Legislation:
-
Building Act 1993 (VIC)
The primary legislation for the regulation of building work, professionals, and building standards in Victoria. It establishes requirements for building permits, inspections, and enforcement. The Act also ensures compliance with the Building Code of Australia.
-
Building Regulations 2018
The Building Regulations set out detailed requirements for building work, including standards for design, construction, and safety. They support the Building Act and cover matters such as building permits, occupancy certificates, and compliance with the Building Code of Australia.
-
Domestic Building Contracts Act 1995
This Act governs domestic building work, providing rights and responsibilities for builders and homeowners. It includes provisions for written contracts, payment schedules, warranties, and dispute resolution mechanisms.
-
Domestic Building Contracts Regulations 2017
The Domestic Building Contracts Regulations provide specific rules for domestic building contracts, such as mandatory contract terms, deposit limits, and consumer protection measures. They ensure transparency and fairness between homeowners and builders under the Domestic Building Contracts Act 1995.
-
Building and Construction Industry Security of Payment Act 2002 (VIC)
Designed to ensure contractors and subcontractors are paid promptly for work completed. It allows parties to resolve payment disputes through a fast-track adjudication process.
-
Occupational Health and Safety Act 2004 (OHS Act)
This Act places obligations on employers, employees, and other stakeholders to ensure a safe workplace, including on construction sites. It covers hazard management, safety training, and compliance enforcement by WorkSafe Victoria.
-
Environment Protection Act 2017
Regulates the environmental impact of construction activities, such as noise, waste management, and site contamination. It introduces a duty to minimize harm to the environment and to report and rectify breaches.
-
Model Work Health and Safety Bill (WHS Bill)
The WHS Bill establishes a consistent framework across Australia to ensure workplace safety, outlining the responsibilities of employers (PCBUs), workers, and regulators to manage risks, prevent harm, and respond to incidents. It provides enforceable duties, penalties for breaches, and emphasizes consultation and risk management to protect all individuals in the workplace.
-
Fair Work Act 2009 (Cth)
Regulates employment relationships in the construction industry, including wages, leave entitlements, and workplace rights. It also governs union activities and dispute resolution processes.
-
Heritage Act 2017 (VIC)
Applies to construction projects that may affect heritage-listed properties. It regulates permits, restoration work, and the protection of cultural heritage.
-
Public Health and Wellbeing Act 2008 (VIC)
Addresses health risks on construction sites, such as managing asbestos, air quality, and waste materials, ensuring public health during building works.
-
National Construction Code (NCC)
While not legislation itself, the NCC is a set of performance-based building standards referenced by building legislation across Australia. It includes the Building Code of Australia (BCA) and the Plumbing Code of Australia (PCA), which specify technical requirements for building work.
-
Construction Industry Long Service Leave Act 1997 (VIC)
This Act provides for long service leave entitlements for workers in the construction industry. It outlines the rights and obligations of employers and employees under the portable long service leave scheme.
-
Planning and Environment Act 1987 (VIC)
This Act provides the framework for land use and development in Victoria. It governs planning permits, zoning, and compliance with local government planning schemes relevant to construction projects.
-
Australian Consumer Law (ACL)
A part of the Competition and Consumer Act 2010, the ACL ensures fair trading practices in the construction industry. It protects consumers from misleading conduct, defective workmanship, and breaches of statutory warranties.