Western Australia: Building Services (Complaint Resolution and Administration) Act 2011 (WA)

Western Australia Building Services (Complaint Resolution and Administration) Act 2011 Western Australia Building Services (Complaint Resolution and Administration) Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Crown bound 1 Part 2 — Complaints and conciliation Division 1 — Complaints about the carrying out of regulated building services or home building work contract matters 5. Making complaint about building service or home building work contract matter 1 6. Time limit for complaint 1 6A. Building Commissioner may approve policies for dealing with certain complaints 1 7. Preliminary decision by Building Commissioner 1 8. Further information and verification 1 9. Investigation 1 10. Report on complaint 1 11. Action after report 1 12. Building Commissioner not party to proceeding before State Administrative Tribunal 1 13. Withdrawal of complaint 1 Division 2 — Complaints about disciplinary matters 14. Application of this Division 1 15. Making complaint about disciplinary matter 1 16. Preliminary decision by Building Commissioner 1 17. Building Commissioner may deal with matter as if it were subject of disciplinary complaint 1 18. Further information and verification 1 19. Action in respect of accepted disciplinary complaint 1 20. Report on complaint 1 21. Action after report 1 22. Withdrawal of complaint 1 Division 3 — Conciliation 23. Role of conciliator 1 24. Parties to conciliation proceeding 1 25. Attendance at conciliation proceeding 1 26. Representation at conciliation proceeding 1 27. Building Commissioner may make orders to give effect to agreement 1 28. Evidence of certain things inadmissible 1 29. Action if conciliation fails 1 Part 3 — Orders Division 1 — Interim Orders 30. Interim building service order 1 31. Interim disciplinary order 1 32. Effect of interim order 1 33. Revocation or variation of interim order 1 34. Jurisdiction of State Administrative Tribunal 1 35. Publication of interim order 1 Division 2 — Building remedy orders 36. Building remedy order 1 37. Building remedy order by Building Commissioner 1 38. How State Administrative Tribunal may deal with building service complaint 1 39. Order for payment before building remedy order 1 40. Building remedy order does not prevent disciplinary action 1 Division 3 — HBWC remedy orders 41. HBWC remedy orders 1 42. HBWC remedy order by Building Commissioner 1 43. How State Administrative Tribunal may deal with HBWC complaint 1 44. Order for payment before HBWC remedy order 1 45. HBWC remedy order does not prevent disciplinary action 1 Division 4 — Procedure, costs and enforcement of orders 46. Procedure of Building Commissioner 1 47. Provision of information and documents to Building Commissioner 1 48. Joining of parties in HBWC complaint about unconscionable, harsh or oppressive conduct or contract 1 49. Costs and expenses 1 50. Enforcement of order requiring payment of money 1 51. Failure to comply with order to do work, new order 1 52. Enforcement of order other than monetary order or order to do work 1 53. Failure to comply with order, offence 1 54. Avoidance of concurrent proceedings 1 55. Transfer of proceeding 1 56. Effect on other remedies 1 Division 5 — Review 57. Review by State Administrative Tribunal of orders given by Building Commissioner 1 58. State Administrative Tribunal internal review 1 Part 4 — Inspections and investigations Division 1 — Preliminary 59. Terms used 1 Division 2 — Authorised persons 60. Authorised persons 1 61. Identity cards 1 62. Production or display of identity card 1 63. Limitation on powers of authorised person 1 Division 3 — Inspections 64. Compliance inspections 1 65. General inspections 1 Division 4 — Powers in relation to inspections and investigations 66. Entry powers 1 67. Powers after entry for compliance purposes or investigation 1 68. Obtaining information and documents 1 69. Use of force and assistance 1 70. Obstruction 1 71. Directions generally 1 Division 5 — Entry warrants 72. Warrant to enter place 1 73. Issue of warrant 1 74. Effect of entry warrant 1 75. Execution of warrant 1 Part 5 — Remedying dangerous and other situations 76. Terms used 1 77. Dangerous situation, emergency remedial measures 1 78. Restricting access to dangerous situations 1 79. Recovering costs 1 80. Remediation notice 1 81. Building Commissioner may approve earlier or immediate compliance with remediation notice 1 82. Contravention of remediation notice, action by authorised person 1 83. Review by Building Commissioner 1 84. Review by State Administrative Tribunal 1 Part 6 — Administration 85. Building Commissioner 1 86. Functions 1 87. Powers 1 88. Warning about unsatisfactory or dangerous services 1 89. Committees 1 90. Disclosure of material personal interest 1 91. Delegation 1 Part 7 — Financial provisions Division 1 — Building Services Account 92. Building Services Account 1 Division 2 — Building services levy 93. Terms used 1 94. Building services levy may be prescribed 1 Part 8 — Codes and standards 95. Terms used 1 96. Building Commissioner may develop and issue building service codes and standards 1 97. Codes and standards may refer to published documents 1 Part 9 — General provisions 98. Incriminating information 1 99. Legal professional privilege 1 100. Protection from liability 1 101. Exchange of information 1 102. Protection for compliance with Act 1 103. Confidentiality 1 104. False or misleading information 1 105. Liability of officers for offence by body corporate 1 106. Prosecutions 1 107. Service of documents 1 108. Evidentiary matters 1 109. Regulations 1 110. Forms 1 111. Review of Act 1 Part 10 — Consequential amendments and transitional provisions Division 3 — Transitional and savings provisions 132. Terms used 1 133. Transfer of jurisdiction 1 134. Current proceedings continued 1 135. Decisions and actions of former Tribunal 1 136. Construction of written laws and other instruments 1 137. Construction Contracts Act 2004 amendments, transitional provisions 1 137A. Transitional provisions for Building Services (Complaint Resolution and Administration) Amendment Act 2024 1 138. Regulations for transitional matters 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Building Services (Complaint Resolution and Administration) Act 2011 An Act to provide for the following — * a system for dealing with complaints about building services, home building work contract matters and disciplinary matters; * a public officer with functions relating to building services and complaints; * a levy in relation to certain authorisations for building services; * a system for ensuring compliance with laws about building services; * related matters. Part 1 — Preliminary 1. Short title This is the Building Services (Complaint Resolution and Administration) Act 2011. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Terms used In this Act, unless the contrary intention appears — approved owner‑builder means a person to whom an owner‑builder approval has been granted under the Building Services (Registration) Act 2011 section 45(2); approved policy means a policy in effect under section 6A; authorised person means a person designated under section 60 as an authorised person; builder, in relation to a home building work contract, has the meaning given in the Home Building Contracts Act 1991 section 3(1); building includes an incidental structure as defined in the Building Act 2011 section 3; Building Commissioner means the officer referred to in section 85; building remedy order has the meaning given in section 36(1); building service means any of the following — (a) building work (as defined in the Building Act 2011 section 3); (b) demolition work (as defined in the Building Act 2011 section 3); (c) plumbing work; (d) any other service or work prescribed for the purposes of this definition; building service Act means any of the following — (a) this Act; (b) the Building Act 2011; (ba) the Building and Construction Industry (Security of Payment) Act 2021; (c) the Building Services (Registration) Act 2011; (d) the Construction Contracts (Former Provisions) Act 2004; (e) the Home Building Contracts Act 1991; (f) the Plumbers Licensing Act 1995 Part 5A; (g) the Local Government (Miscellaneous Provisions) Act 1960 Parts VIII, IX and XV; (h) any other enactment prescribed for the purposes of this definition; building service complaint means a complaint under section 5(1); Building Services Account means the account referred to in section 92(1); Building Services Board means the Building Services Board established by the Building Services (Registration) Act 2011 section 65; building services levy means the levy provided for by regulations referred to in section 94 and imposed under the Building Services Levy Act 2011; committee means a committee appointed under section 89; complaint means any of the following — (a) a building service complaint; (b) a HBWC complaint; (c) a disciplinary complaint; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; disciplinary complaint means — (a) a complaint under section 15(1); or (b) a matter the Building Commissioner has decided under section 17 to deal with as if it were a disciplinary complaint; disciplinary matter — (a) in relation to a registered building service provider — has the meaning given in the Building Services (Registration) Act 2011 section 53; (b) in relation to an approved owner‑builder — means a matter referred to in the Building Services (Registration) Act 2011 section 50; HBWC complaint means a complaint under section 5(2); HBWC remedy order has the meaning given in section 41(2); home building work has the meaning given in the Home Building Contracts Act 1991 section 3(1); home building work contract has the meaning given in the Home Building Contracts Act 1991 section 3(1); interim building service order means an order under section 30; interim disciplinary order means an order under section 31; interim order means an interim building service order or an interim disciplinary order; owner, in relation to a home building work contract, has the meaning given in the Home Building Contracts Act 1991 section 3(1); permit authority means a permit authority for a building under the Building Act 2011; place means any land, building or structure, or a part of any land, building or structure; plumbing work has the meaning given in the Plumbers Licensing Act 1995 section 59I; prescribed means prescribed by regulation; record means any document or record of information, irrespective of how the information is recorded or stored or able to be recovered and includes — (a) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and (b) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; registered building service provider has the meaning given in the Building Services (Registration) Act 2011 section 3; regulated building service means any of the following — (a) a building service carried out by a registered building service provider or an approved owner‑builder; (b) home building work that is — (i) carried out by a person for another person under a home building work contract or other contract or arrangement for gain or reward; and (ii) not carried out for a person who is in turn obliged to perform the work under another contract; (c) any other service or work prescribed for the purposes of this definition; respondent means a person the subject of a complaint; vocational regulatory body means any of the following — (a) the Architects Board of Western Australia established under the Architects Act 2004 section 5; (b) the Plumbers Licensing Board established under the Plumbers Licensing Act 1995 section 59; (c) any other body or person prescribed for the purposes of this definition. [Section 3 amended: No. 25 of 2012 s. 205(2); No. 4 of 2021 s. 122; No. 39 of 2024 s. 4.] 4. Crown bound This Act binds the Crown. Part 2 — Complaints and conciliation Division 1 — Complaints about the carrying out of regulated building services or home building work contract matters 5. Making complaint about building service or home building work contract matter (1) Subject to the regulations, a person may make a complaint to the Building Commissioner about a regulated building service not being carried out in a proper and proficient manner or being faulty or unsatisfactory. (2) An owner or builder under a home building work contract may make a complaint to the Building Commissioner about a matter referred to in the Home Building Contracts Act 1991 section 17 or 20 or Schedule 1 clause 5. (3) A complaint may be made — (a) under subsection (1) irrespective of whether the regulated building service was carried out before or after the coming into operation of this Act; and (b) under subsection (2) irrespective of whether — (i) the matter complained about occurred before or after the coming into operation of this Act; or (ii) the home building work contract to which the complaint relates was entered into before or after the coming into operation of this Act. (4) A complaint that is both a complaint about a matter referred to in subsection (1) or (2) and a complaint about a disciplinary matter may be dealt with by the Building Commissioner as if it were a complaint under this section and a complaint under section 15. (5) The regulations may make provision as to — (a) who can make a building service complaint; and (b) any preliminary action required before making a complaint under this section. (6) A complaint under this section must be — (a) made in a manner and form approved by the Building Commissioner; and (b) accompanied by the prescribed fee, if any. 6. Time limit for complaint (1) A building service complaint is made out of time if the complaint is made — (a) for a complaint relating to the installation or use of a Typlex pipe — more than 15 years after the completion of the regulated building service to which the complaint relates; or (b) for a complaint relating to a matter other than the installation or use of a Typlex pipe — more than 6 years after the completion of the regulated building service to which the complaint relates. (1A) Subsection (1)(a) applies to a building service complaint relating to the installation or use of a Typlex pipe irrespective of whether the making of the complaint would, before the commencement of the Building Services (Complaint Resolution and Administration) Amendment Act 2024 section 5(1), have been out of time. (2) For the purposes of subsection (1) a regulated building service is taken to be completed — (a) if the criteria for determining the date of completion for that building service are prescribed — on the date determined in accordance with the criteria; (b) if paragraph (a) does not apply — on the date on which the building service was last carried out. (3) A HBWC complaint is made out of time if — (a) the Home Building Contracts Act 1991 section 8(3) applies to the complaint and the complaint is not made within the time specified in that provision; or (b) the complaint is about a matter referred to in the Home Building Contracts Act 1991 section 17 (other than a matter referred to in section 8(3) or a breach of section 15) and is made more than 3 years after the cause of action arose; or (c) the complaint is about a breach of the Home Building Contracts Act 1991 section 15 and is made more than 3 years after — (i) the contract was entered into; or (ii) the breach first occurred, whichever is the later. (4) In this section — related body corporate has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; Typlex pipe means a polybutylene pipe manufactured with Typlex‑1050 resin by Fletcher Building Limited, ARBN 096 046 936, or a related body corporate of Fletcher Building Limited (including a former related body corporate). [Section 6 amended: No. 39 of 2024 s. 5.] 6A. Building Commissioner may approve policies for dealing with certain complaints (1) The Building Commissioner may approve a policy for the purposes of dealing with building service complaints and HBWC complaints, which may include any of the following — (a) procedures for dealing with the complaints; (b) the kinds of remedies that may be specified in orders under Part 3 in relation to the regulated building services relating to the complaints; (c) other relevant matters. (2) The Building Commissioner must not approve a policy under subsection (1) unless satisfied that — (a) there are recurring circumstances or incidents of a similar kind relating to regulated building services; and (b) the policy is likely to assist the Building Commissioner to effectively deal with complaints under section 5 in relation to those circumstances or incidents. (3) A policy approved under subsection (1) — (a) must be published in accordance with the Interpretation Act 1984 section 41(1)(a); and (b) comes into operation on a day, as specified in the policy, occurring on or after the day on which the policy is published under paragraph (a); and (c) may be revoked by the Building Commissioner by notice published in accordance with the Interpretation Act 1984 section 41(1)(a). (4) If an approved policy is in effect at the time the Building Commissioner makes a reviewable decision (as defined in the State Administrative Tribunal Act 2004 section 17(3)), the policy is taken to be certified by the Minister as a statement of policy for the purposes of section 28 of that Act. (5) Sections 38(1A) and 43(1A) apply to an approved policy irrespective of whether the State Administrative Tribunal is dealing with a complaint made before or after the approved policy comes into operation. (6) Section 46(1)(ba) applies to an approved policy irrespective of whether the Building Commissioner is dealing with a complaint made before or after the approved policy comes into operation. [Section 6A inserted: No. 39 of 2024 s. 6.] 7. Preliminary decision by Building Commissioner (1) After receiving a complaint under section 5 the Building Commissioner must decide whether, and to what extent — (a) to accept it; or (b) to refuse to accept it. (2) The Building Commissioner may make such inquiries as are appropriate to enable the making of a decision under this section. (3) The Building Commissioner may refuse to accept a complaint under subsection (1) if — (a) the complaint is not made in accordance with this Act; or (b) the Building Commissioner is not satisfied that the complainant has taken preliminary action prescribed under section 5(5)(b); or (c) the complaint is made out of time as referred to in section 6; or (d) in the opinion of the Building Commissioner, the complaint is vexatious, misconceived, frivolous or without substance; or (e) the matter complained about is the subject of another complaint under this Act; or (f) an arbitrator or other person or a court or other body has made an order, judgment or other finding about the matter complained about; or (g) the matter complained about has been the subject of a previous complaint to the Building Commissioner that has been refused or in respect of which the Building Commissioner has made a decision under section 11(1)(a). (4) Except as provided in subsection (5), if an issue raised in a complaint has already been dealt with by the Building Commissioner or a complaint about the issue has already been referred to the State Administrative Tribunal under this Act, the Building Commissioner may refuse to accept the complaint to the extent to which it relates to that issue. (5) Subsections (3)(e) and (4) do not operate to prevent an issue being dealt with both as a disciplinary complaint and as a complaint under section 5. 8. Further information and verification (1) The Building Commissioner may, in writing, require a person making a complaint under section 5 to do either or both of the following — (a) give the Building Commissioner further details about the complaint; (b) verify any details about the complaint by statutory declaration. (2) The Building Commissioner may specify in the requirement a reasonable time within which the person must comply with the requirement. (3) The Building Commissioner may refuse to accept a complaint if the person making the complaint does not comply with a requirement under subsection (1) within the time specified in the requirement or, if no time is so specified, within a reasonable time. 9. Investigation (1) Having accepted a building service complaint or a HBWC complaint, the Building Commissioner must cause an investigation of the complaint to be carried out by one or more authorised persons. (2) The Building Commissioner may, in addition to taking action under subsection (1) in relation to a complaint, and whether before or after receiving a report on the investigation of the complaint, forward the complaint to either or both of the following — (a) the relevant permit authority for the relevant building, if any; (b) if the Building Commissioner is of the opinion that a matter raised in the complaint is of relevance to a vocational regulatory body, that body. 10. Report on complaint (1) An authorised person — (a) must prepare a report on an investigation carried out under section 9; and (b) may include in the report recommendations as to the manner in which the complaint should be dealt with; and (c) must give the Building Commissioner a copy of the report. (2) The Building Commissioner may give a copy of the report to any or all of the following — (a) the complainant and the respondent; (b) the relevant permit authority for the relevant building, if any; (c) if the Building Commissioner is of the opinion that a matter raised in the report is of relevance to a vocational regulatory body, that body. 11. Action after report (1) The Building Commissioner must consider any report given to the Building Commissioner under section 10 and may, subject to the other provisions of this section — (a) dismiss the complaint; or (b) commence a conciliation proceeding under Division 3; or (c) deal with the complaint under section 37 or 42, as the case requires; or (d) refer the complaint to the State Administrative Tribunal for it to deal with under section 38 or 43, as the case requires. (2) The Building Commissioner may adopt some or all of the recommendations, if any, in the report but is not required to adopt the recommendations. (3) The Building Commissioner must dismiss a complaint if it is made out of time as referred to in section 6. (4) A complaint by an owner referred to in the Home Building Contracts Act 1991 section 17 about a breach of section 15 or 15A of that Act — (a) must not be dismissed under this section unless it is made out of time; and (b) if not dismissed, must be referred to the State Administrative Tribunal for it to deal with under section 43. (5) The regulations may prescribe circumstances in which the Building Commissioner must deal with the complaint by referring the complaint to the State Administrative Tribunal for it to deal with under section 38 or 43, as the case requires. 12. Building Commissioner not party to proceeding before State Administrative Tribunal If the Building Commissioner refers a complaint to the State Administrative Tribunal under section 11(1)(d) — (a) the complainant is to be taken to be the applicant for the purposes of the State Administrative Tribunal Act 2004; and (b) the Building Commissioner is not a party to any proceeding in respect of the referral unless joined as a party under the State Administrative Tribunal Act 2004 section 38. 13. Withdrawal of complaint (1) A building service complaint or a HBWC complaint may, subject to this section, be withdrawn by the complainant. (2) The complaint may be withdrawn even though the Building Commissioner has commenced or completed an investigation of the complaint, but cannot be withdrawn if the complaint has been referred to the State Administrative Tribunal. (3) This section extends to the withdrawal of a complaint so far as it relates to some only or part only of the matters that form the subject of the complaint. (4) This section does not limit the powers of the State Administrative Tribunal under the State Administrative Tribunal Act 2004 section 46. Division 2 — Complaints about disciplinary matters 14. Application of this Division (1) This Division applies, with any necessary modifications, to — (a) a former registered building service provider; and (b) a former approved owner‑builder, in relation to a disciplinary matter occurring while that person was a registered building service provider or approved owner‑builder in the same way as it applies to a person who is a registered building service provider or approved owner‑builder. (2) The Building Services (Registration) Act 2011 sections 117 and 130 apply in respect of a complaint about conduct occurring while a person was registered under the Builders' Registration Act 1939 1 or the Painters' Registration Act 1961 1. 15. Making complaint about disciplinary matter (1) Subject to the regulations, a person may make a complaint to the Building Commissioner about the alleged occurrence of a disciplinary matter in relation to a registered building service provider or an approved owner‑builder. (2) A complaint that is both a complaint about a matter referred to in section 5(1) or (2) and a complaint about a matter referred to in subsection (1) may be dealt with by the Building Commissioner as if there were a complaint under this section and a complaint under section 5. (3) The regulations may make provision as to who can make a disciplinary complaint. (4) A disciplinary complaint must be made in a manner and form approved by the Building Commissioner. 16. Preliminary decision by Building Commissioner (1) After receiving a disciplinary complaint the Building Commissioner must decide whether, and to what extent — (a) to accept it; or (b) to refuse to accept it. (2) The Building Commissioner may make such inquiries as are appropriate to enable the making of a decision under this section. (3) The Building Commissioner may refuse to accept a disciplinary complaint under subsection (1) if — (a) the complaint is not made in accordance with this Act; or (b) the complaint is made more than 6 years after the alleged occurrence of the disciplinary matter; or (c) in the opinion of the Building Commissioner, the complaint is vexatious, misconceived, frivolous or without substance; or (d) the matter complained about is the subject of another complaint under this Act; or (e) an arbitrator or other person or a court or other body has made an order, judgment or other finding about the matter complained about; or (f) the matter complained about has been the subject of a previous complaint to the Building Commissioner that has been refused. (4) Except as provided in subsection (5), if an issue raised in a complaint has already been dealt with by the Building Commissioner, or a complaint about the issue has already been forwarded to the Building Services Board under this Act, the Building Commissioner may refuse to accept the complaint to the extent to which it relates to that issue. (5) Subsection (4) does not operate to prevent an issue being dealt with both in relation to a complaint about a disciplinary matter and as a building service complaint or a HBWC complaint. 17. Building Commissioner may deal with matter as if it were subject of disciplinary complaint If the Building Commissioner is of the opinion that there is cause to investigate whether a disciplinary matter exists or has occurred, the Building Commissioner may decide that the matter is to be dealt with as if it were a disciplinary complaint accepted by the Building Commissioner despite no complaint having been made to the Building Commissioner about the matter. 18. Further information and verification (1) The Building Commissioner may, in writing, require a person making a disciplinary complaint to do either or both of the following — (a) give the Building Commissioner further details about the complaint; (b) verify any details about the complaint by statutory declaration. (2) The Building Commissioner may specify in the requirement a reasonable time within which the person must comply with the requirement. (3) The Building Commissioner may refuse to accept a complaint if the person making the complaint does not comply with a requirement under subsection (1) within the time specified in the requirement or, if no time is so specified, within a reasonable time. 19. Action in respect of accepted disciplinary complaint (1) Having accepted a disciplinary complaint, the Building Commissioner must take either or both of the following actions — (a) cause an investigation of the complaint to be carried out by one or more authorised persons; (b) forward the complaint to the Building Services Board. (2) A disciplinary complaint must be investigated if it is referred to the Building Commissioner under the Building Services (Registration) Act 2011 section 51(2)(c) or 56(2)(c). 20. Report on complaint (1) An authorised person — (a) must prepare a report on the investigation of a disciplinary complaint; and (b) may include in the report recommendations as to the manner in which the complaint should be dealt with; and (c) must give the Building Commissioner a copy of the report. (2) If the Building Commissioner is of the opinion that a matter raised in the report is of relevance to a vocational regulatory body, the Building Commissioner may give a copy of the report to that body. 21. Action after report (1) The Building Commissioner must consider a report on the investigation of a disciplinary complaint given to the Building Commissioner under section 20 and may — (a) dismiss the complaint; or (b) forward the complaint and the report to the Building Services Board for it to deal with under the Building Services (Registration) Act 2011. (2) If the Building Commissioner forwards a complaint to the Building Services Board under subsection (1), the Building Commissioner may make such recommendations to the Board as the Building Commissioner thinks fit. (3) If a report is of the investigation of a complaint that has already been forwarded to the Building Services Board, the Building Commissioner must give the Board a copy of the report and may make such recommendations to the Board as the Building Commissioner thinks fit. 22. Withdrawal of complaint (1) A disciplinary complaint may, subject to this section, be withdrawn by the complainant. (2) A disciplinary complaint may be withdrawn even though the Building Commissioner has commenced or completed an investigation of the complaint, but cannot be withdrawn without the leave of the Building Services Board. (3) This section extends to the withdrawal of a complaint so far as it relates to some only or part only of the matters that form the subject of the complaint. Division 3 — Conciliation 23. Role of conciliator (1) In this section — conciliator means a person who is — (a) a public service officer whose duties consist of or include the conciliation of complaints under this Act; or (b) approved by the Building Commissioner as a person who may act as a conciliator under this Act. (2) If — (a) the Building Commissioner decides under section 11(1)(b) to commence a conciliation proceeding in respect of a complaint; or (b) under the Building Services (Registration) Act 2011 section 51(2)(b) or 56(2)(b) the Building Services Board refers a complaint about a disciplinary matter to the Building Commissioner for a conciliation proceeding, the Building Commissioner must assign the conciliation proceeding to a conciliator. (3) A conciliation proceeding may be commenced with or without the consent of the parties. (4) A conciliator's function is to encourage the settlement of a complaint and for that purpose the conciliator may — (a) communicate with the parties; and (b) arrange for the parties to hold conferences about the complaint and facilitate the conduct of those conferences; and (c) give advice and make recommendations to assist in the reaching of an agreement. (5) The conciliator may have regard to a report of the investigation of the complaint prepared under section 10 or 20 when giving advice and making recommendations. 24. Parties to conciliation proceeding (1) The complainant and the respondent are parties to a conciliation proceeding about a building service complaint or a HBWC complaint. (2) The Building Services Board, the complainant and the respondent are parties to a conciliation proceeding about a disciplinary complaint. 25. Attendance at conciliation proceeding (1) The Building Commissioner may, by written notice, require a party to a conciliation proceeding to appear before a conciliator at the proceeding, either separately or with other parties. (2) A person who has been given a notice under subsection (1) must not, without reasonable excuse, fail to appear as required by the Building Commissioner. Penalty: a fine of $5 000. 26. Representation at conciliation proceeding (1) A party is not to be represented by another person during a conciliation proceeding unless the Building Commissioner otherwise determines on the ground that the proceeding will not work effectively without that representation. (2) Subsection (1) does not prevent — (a) the representation of a party who is not a natural person by an officer, employee or agent of that party who is not a legal practitioner; or (b) the personal attendance of any other person who may, in the opinion of the conciliator, help in the conciliation proceeding. 27. Building Commissioner may make orders to give effect to agreement (1) The Building Commissioner may, with the consent of each of the parties to an agreement negotiated under this Division, by order give effect to the agreement. (2) An order referred to in subsection (1) — (a) is final and binding on those parties; and (b) if the relevant complaint was about a disciplinary matter, may include an order that the Building Services Board take action under the Building Services (Registration) Act 2011 section 57 as specified in the order; and (c) if the relevant complaint was a building service complaint, may include a building remedy order; and (d) if the relevant complaint was a HBWC complaint, may include a HBWC remedy order. 28. Evidence of certain things inadmissible (1) Evidence of anything lawfully said or done in the course of a conciliation proceeding — (a) is not admissible in any proceeding before a court, tribunal or other body unless subsection (2) applies; and (b) cannot be used as a ground for a complaint under this Act. (2) Evidence referred to in subsection (1) is admissible in a proceeding if — (a) the parties to the conciliation proceeding consent to the admission of the evidence; or (b) there is a dispute in the proceeding as to whether the parties to the conciliation proceeding entered into an agreement for the purposes of section 27 and the evidence is relevant to that dispute; or (c) the proceeding is for the purpose of enforcing an order made under section 27. 29. Action if conciliation fails (1) If, in relation to a building service complaint or a HBWC complaint — (a) the conciliation proceeding fails to result in an agreement between the parties on part or all of the matters that form the subject of the complaint; or (b) the Building Commissioner is satisfied that a party is not cooperating with the conciliation proceeding; or (c) the Building Commissioner is not satisfied with the result of the conciliation proceeding, the Building Commissioner must take further action under section 11(1). (2) If, in relation to a disciplinary complaint — (a) the conciliation proceeding fails to result in an agreement between the parties on part or all of the matters that form the subject of the complaint; or (b) the Building Commissioner is satisfied that a party is not cooperating with the conciliation proceeding; or (c) the Building Commissioner is not satisfied with the result of the conciliation proceeding, the Building Commissioner must return the complaint to the Building Services Board. Part 3 — Orders Division 1 — Interim Orders 30. Interim building service order (1) If, at any time before a building remedy order is made in respect of a building service complaint accepted by the Building Commissioner, the Building Commissioner is of the opinion that — (a) a person has carried out, or is carrying out, the regulated building service complained about in a manner that is likely to be found to be not proper or proficient or to be faulty or unsatisfactory; and (b) it is likely that the person will continue to carry out the regulated building service in that manner; and (c) there is a risk a person or persons may suffer significant loss or damage as a result of the carrying out of the regulated building service in that manner if immediate action is not taken, the Building Commissioner may, without further inquiry or investigation, make an interim building service order pending determination of the building service complaint. (2) An interim building service order may do either or both of the following — (a) prohibit the carrying out of a regulated building service specified in the order by the person who carried out or is carrying out the regulated building service complained about; (b) require the person who carried out or is carrying out the regulated building service complained about to comply with such conditions as the Building Commissioner thinks fit in relation to the carrying out of a regulated building service specified in the order. (3) An interim building service order must — (a) state the reasons for making the order; and (b) advise that the order will remain in force for 28 days unless it is sooner revoked under section 33 or the building service complaint in relation to which it is made is referred to the State Administrative Tribunal. (4) An interim building service order ceases to be in force 28 days after it is given to the person bound by the order, unless it is sooner revoked under section 33 or the building service complaint in relation to which it is given is referred to the State Administrative Tribunal. (5) If the building service complaint in relation to which an interim building service order is in force is referred to the State Administrative Tribunal, the interim building service order remains in force until it is revoked by the Tribunal or the Tribunal makes a final determination in respect of the building service complaint. 31. Interim disciplinary order (1) If the Building Services Board has by notice in writing under the Building Services (Registration) Act 2011 section 55 required the Building Commissioner to make an interim disciplinary order under this section in relation to a registered building service provider, the Building Commissioner must make the interim disciplinary order pending determination of a complaint about the registered building service provider. (2) An interim disciplinary order may suspend the registered building service provider's registration, either generally or in relation to any circumstances or regulated building services specified in the order. (3) An interim disciplinary order must — (a) state the reasons for making the order; and (b) advise that the order will remain in force for 28 days unless it is sooner revoked under section 33 or the Building Services Board makes an allegation about the disciplinary complaint to the State Administrative Tribunal. (4) Within 7 days of the making of an interim disciplinary order the Building Commissioner must — (a) give a copy of the order to the Building Services Board; and (b) seek the recommendation of the Building Services Board as to further action to be taken. (5) An interim disciplinary order ceases to be in force 28 days after it is given to the person bound by the order, unless it is sooner revoked under section 33 or the Building Services Board makes an allegation about the disciplinary complaint in relation to which it is given to the State Administrative Tribunal. (6) If an allegation is made to the State Administrative Tribunal about a complaint in relation to which an interim disciplinary order is in force, the order remains in force until it is revoked by the Tribunal or an allegation about the disciplinary complaint is finally determined by the Tribunal. 32. Effect of interim order (1) The Building Commissioner may make an interim order with respect to a matter about which a complaint has been made even if the complaint, or an element of the complaint, is already being dealt with under this Act or the Building Services (Registration) Act 2011. (2) An interim order has effect — (a) from the time it is given to the person who is bound by the order; and (b) whether or not the person to whom it is given has had an opportunity to make representations to the Building Services Board or the Building Commissioner. (3) If, under section 31(2), the registration of a person is suspended, the person is to be taken to be not registered to the extent of the suspension during the period of suspension. 33. Revocation or variation of interim order (1) The Building Commissioner may, by order, at any time before a building service complaint in relation to which an interim building service order has been made is referred to the State Administrative Tribunal, vary or revoke the interim building service order. (2) The Building Commissioner must, by order, if required to do so by the Building Services Board, vary or revoke an interim disciplinary order in accordance with the requirements of the Board but cannot otherwise vary or revoke an interim disciplinary order. (3) The Building Commissioner cannot vary or revoke an interim disciplinary order under subsection (2) if an allegation about the complaint in relation to which the order was made has been made to the State Administrative Tribunal. 34. Jurisdiction of State Administrative Tribunal (1) If a building service complaint in relation to which an interim building service order is in force is referred to the State Administrative Tribunal, the Tribunal may affirm, revoke or vary the order pending final determination of the complaint. (2) If an allegation to the State Administrative Tribunal is made about a disciplinary complaint in relation to which an interim disciplinary order is in force, the Tribunal may affirm, revoke or vary the order pending final determination of the allegation. (3) Nothing in subsection (1) or (2) limits or restricts the functions of the State Administrative Tribunal in respect of a complaint under this Act about a matter in respect of which an interim order is in force. 35. Publication of interim order The Building Commissioner may provide a copy of an interim order to any person the Building Commissioner considers should be advised of the order. Division 2 — Building remedy orders 36. Building remedy order (1) A building remedy order consists of one of the following — (a) an order that a person who carried out a regulated building service remedy the building service as specified in the order; (b) an order that a person who carried out a regulated building service pay to an aggrieved person such costs of remedying the building service as the Building Commissioner or State Administrative Tribunal, as the case requires, considers reasonable and specifies in the order; (c) an order that a person who carried out a regulated building service pay to an aggrieved person a sum of money specified in the order to compensate the aggrieved person for the failure to carry out the building service in a proper and proficient manner or for faulty or unsatisfactory building work. (2) A building remedy order may require that the order be complied with within a time specified in the order. (3) A person who is not a building service contractor may arrange for a building service to be carried out for the purpose of compliance by that person with a building remedy order referred to in subsection (1)(a) despite the Building Services (Registration) Act 2011 section 7. 37. Building remedy order by Building Commissioner (1) Subject to regulations made under section 11(5), if the Building Commissioner is satisfied that a regulated building service that is the subject of a building service complaint has not been carried out in a proper and proficient manner or is faulty or unsatisfactory, the Building Commissioner may deal with the building service complaint by making a building remedy order. (2) The Building Commissioner cannot make a building remedy order requiring — (a) work to be done of a value estimated by the Building Commissioner to exceed the prescribed amount; or (b) an amount exceeding the prescribed amount to be paid, unless the respondent consents to the order being made. (3) Unless a greater amount is prescribed by the regulations, in subsection (2) the prescribed amount is $100 000. (4) The Building Commissioner may make any ancillary or incidental order the Building Commissioner considers appropriate. 38. How State Administrative Tribunal may deal with building service complaint (1) If the Building Commissioner refers a building service complaint to the State Administrative Tribunal, the Tribunal may — (a) if the Tribunal is satisfied that the regulated building service that is the subject of the building service complaint has not been carried out in a proper and proficient manner or is faulty or unsatisfactory, deal with the building service complaint by making a building remedy order; or (b) otherwise, decline to make a building remedy order. (1A) In dealing with the complaint, the State Administrative Tribunal must have regard to any relevant approved policy in effect at the time. (2) The State Administrative Tribunal cannot make a building remedy order requiring a respondent who is not a registered building services provider — (a) to do any work of a value estimated by the Tribunal to exceed the prescribed amount; or (b) to pay any amount exceeding the prescribed amount, unless — (c) the order is made in respect of a building service that has been carried out by the respondent in contravention of the Building Services (Registration) Act 2011 section 7; or (d) the respondent consents to the order being made. (3) Unless a greater amount is prescribed by the regulations, in subsection (2) the prescribed amount is $500 000. (4) Nothing in this section prevents a building service complaint from being dealt with through a compulsory conference or mediation process under the State Administrative Tribunal Act 2004. [Section 38 amended: No. 39 of 2024 s. 7.] 39. Order for payment before building remedy order (1) In this section — responsible adjudicator means — (a) in the case of a building service complaint that has not been referred to the State Administrative Tribunal, the Building Commissioner; (b) in the case of a building service complaint that has been referred to the State Administrative Tribunal, the Tribunal. (2) At any time before a building remedy order is made in respect of a building service complaint, the responsible adjudicator may, if the responsible adjudicator considers it just and expedient to do so, order an amount of money to be paid to the responsible adjudicator by either the complainant or the respondent or by both of them. (3) An order is not to be made under subsection (2) against a party merely on account of the poor financial position of that party. (4) A responsible adjudicator may, at any time before a building remedy order is made in respect of a building service complaint, vary or cancel an order made under subsection (2) in relation to the matter. (5) Any amount paid to a responsible adjudicator under this section must be credited to the Building Services Account. (6) On the making of a building remedy order, the responsible adjudicator making the order must make an order as to payment of any amount credited to the Building Services Account under this section in relation to the building service complaint in respect of which the building remedy order is made. (7) Any amount credited to the Building Services Account under this section must be paid from the Account in accordance with the order of a responsible adjudicator. (8) If a party fails to comply with an order made under subsection (2) a responsible adjudicator may determine the building service complaint adversely to the party that has failed to comply and make any appropriate orders. 40. Building remedy order does not prevent disciplinary action The making of a building remedy order does not limit or affect in any way the power of the Building Services Board or the State Administrative Tribunal to deal with a disciplinary matter under the Building Services (Registration) Act 2011 that involves the same issue as is dealt with in the building remedy order. Division 3 — HBWC remedy orders 41. HBWC remedy orders (1) In this section — specified means specified in the HBWC order. (2) A HBWC remedy order in respect of a complaint by an owner or builder under a home building work contract referred to in the Home Building Contracts Act 1991 section 17 (other than a complaint about a breach of section 15 of that Act) consists of one or more of the following — (a) an order — (i) restraining any specified action in breach of the contract or of a provision in the Home Building Contracts Act 1991 Part 2; (ii) requiring any specified work to be done in the performance of the contract; (iii) requiring any specified work to be done to ensure compliance with a provision of the Home Building Contracts Act 1991 Part 2; (iv) requiring any specified work to be done to remedy a breach of the contract or of a provision of the Home Building Contracts Act 1991 Part 2; (b) an order that a person pay a specified amount payable under the contract; (c) an order declaring that a specified amount is not payable to a person under the contract and, if already paid, an order that the builder or owner repay that amount; (d) an order that a person pay specified compensation for loss or damage — (i) caused by any breach of the contract or of a provision of the Home Building Contracts Act 1991 Part 2; or (ii) referred to in the Home Building Contracts Act 1991 Schedule 1; (e) an order declaring that a specified amount of money claimed or money claimed for specified work is not payable by a person. (3) A HBWC remedy order in respect of a complaint by an owner referred to in the Home Building Contracts Act 1991 section 17 about a breach of section 15 of that Act consists of one or more of the following — (a) an order declaring the contract or any provision of the contract against which relief is sought to be void from the beginning; (b) an order modifying the provisions of the contract in such manner as the State Administrative Tribunal considers just; (c) an order providing for the repayment to the owner of any specified amount paid by the owner under a contract or a provision that has been declared void or modified as referred to in paragraph (a) or (b). (4) A HBWC remedy order in respect of a complaint by an owner or builder under a home building work contract referred to in the Home Building Contracts Act 1991 section 20 consists of — (a) an order providing for the return or repayment of the whole or part of any specified consideration, or the specified value of any consideration, given by the owner under or in relation to the contract; or (b) an order providing for specified payment to the builder in respect of — (i) any materials supplied by the builder; or (ii) any home building work or other services performed by the builder; or (iii) costs, including overhead expenses and loss of profit, incurred by the builder, under or in relation to the contract. (5) A HBWC remedy order in respect of a complaint by an owner under a home building work contract about a price increase referred to in the Home Building Contracts Act 1991 Schedule 1 clause 5 consists of an order confirming, varying or disallowing the amount of the price increase. (6) If a HBWC remedy order referred to in subsection (5) is made in respect of a complaint by an owner under a home building work contract, the contract has effect in accordance with the HBWC remedy order. (7) A HBWC remedy order may require that the order be complied with within a time specified in the order. 42. HBWC remedy order by Building Commissioner (1) Subject to regulations made under section 11(5), the Building Commissioner may deal with a HBWC complaint by making a HBWC remedy order referred to in section 41(2), (4) or (5) if satisfied that the order is justified. (2) The Building Commissioner cannot make a HBWC remedy order requiring a party — (a) to do work of a value estimated by the Building Commissioner to exceed the prescribed amount; or (b) to pay an amount exceeding the prescribed amount, unless the party to be bound by the order consents to the order being made. (3) Unless a greater amount is prescribed by the regulations, in subsection (2) the prescribed amount is $100 000. (4) The Building Commissioner may make any ancillary or incidental order the Building Commissioner considers appropriate. 43. How State Administrative Tribunal may deal with HBWC complaint (1) If the Building Commissioner refers a HBWC complaint to the State Administrative Tribunal, the Tribunal may — (a) if satisfied that the order is justified, make a HBWC remedy order; or (b) otherwise, decline to make the order. (1A) In dealing with the complaint, the State Administrative Tribunal must have regard to any relevant approved policy in effect at the time. (2) The State Administrative Tribunal cannot make a HBWC remedy order requiring a party — (a) to do work of a value estimated by the Tribunal to exceed the prescribed amount; or (b) to pay an amount exceeding the prescribed amount, unless the party consents to the order being made. (3) Unless a greater amount is prescribed by the regulations, in subsection (2) the prescribed amount is $500 000. (4) Nothing in this section prevents a HBWC complaint from being dealt with through a compulsory conference or mediation process under the State Administrative Tribunal Act 2004. [Section 43 amended: No. 39 of 2024 s. 8.] 44. Order for payment before HBWC remedy order (1) In this section — responsible adjudicator means — (a) in the case of a HBWC complaint that has not been referred to the State Administrative Tribunal, the Building Commissioner; (b) in the case of a HBWC complaint that has been referred to the State Administrative Tribunal, the Tribunal. (2) At any time before a HBWC remedy order is made in respect of a HBWC complaint, the responsible adjudicator may, if the responsible adjudicator considers it just and expedient to do so, order an amount of money to be paid to the responsible adjudicator by either the owner or the builder or by both of them. (3) An order is not to be made under subsection (2) against an owner or builder merely on account of the poor financial position of that party. (4) A responsible adjudicator may, at any time before a HBWC remedy order is made in respect of a HBWC complaint, vary or cancel an order made under subsection (2) in relation to the matter. (5) Any amount paid to a responsible adjudicator under this section must be credited to the Building Services Account. (6) On the making of a HBWC remedy order the responsible adjudicator making the order must make an order as to payment of any amount credited to the Building Services Account under this section in relation to the HBWC complaint in respect of which the HBWC remedy order is made. (7) Any amount credited to the Building Services Account under this section must be paid from the Account in accordance with the order of a responsible adjudicator. (8) If a party fails to comply with an order made under subsection (2) a responsible adjudicator may determine the HBWC complaint adversely to the party that has failed to comply and make any appropriate orders. 45. HBWC remedy order does not prevent disciplinary action The making of a HBWC remedy order does not limit or affect in any way the power of the Building Services Board or the State Administrative Tribunal to deal with a disciplinary matter under the Building Services (Registration) Act 2011 that involves the same issue as is dealt with in the HBWC remedy order. Division 4 — Procedure, costs and enforcement of orders 46. Procedure of Building Commissioner (1) In dealing with a building service complaint or a HBWC complaint or making a building remedy order or a HBWC remedy order the Building Commissioner — (a) must act informally; and (b) is not bound by the rules of evidence; and (ba) must have regard to any relevant approved policy in effect at the time; and (c) may inform himself or herself in any way the Building Commissioner thinks fit. (2) Subject to this Act, the Building Commissioner may determine his or her own procedure. [Section 46 amended: No. 39 of 2024 s. 9.] 47. Provision of information and documents to Building Commissioner (1) For the purpose of making a decision in relation to a building remedy order or a HBWC remedy order, the Building Commissioner may, by written notice, direct a person to do either or both of the following — (a) to provide, in writing and within a time specified in the notice, the Building Commissioner with any information or explanation that the Building Commissioner requires; (b) to produce, within a time specified in the notice, to the Building Commissioner any records in the custody or under the control of the person. (2) A person who, without reasonable excuse, fails to comply with a direction under this section commits an offence. Penalty: a fine of $10 000. (3) The Building Commissioner's power to make a building remedy order or a HBWC remedy order is not affected by the failure of either or both of the parties to comply with a direction of the Building Commissioner under this section. (4) Nothing in this section limits the powers of the Building Commissioner as an authorised person under Part 4. 48. Joining of parties in HBWC complaint about unconscionable, harsh or oppressive conduct or contract (1) In this section — officer has the meaning given in the Corporations Act 2001 (Commonwealth) section 9. (2) For the purposes of subsection (3), a person is an associate of another person if — (a) the person is a partner of the latter person; or (b) where the latter person is a company, the person is a shareholder or officer of that company. (3) Where it appears to the State Administrative Tribunal in a proceeding in respect of a HBWC complaint about a breach of the Home Building Contracts Act 1991 section 15 that a person is an associate of a party to the proceeding and has or may have — (a) shared in the profits of; or (b) a beneficial interest in, the transaction in question, the person may be joined as a party to the proceeding and the Tribunal may make such orders against, or in respect of, that person as the Tribunal considers just. (4) This section does not limit the powers of the State Administrative Tribunal under the State Administrative Tribunal Act 2004 section 38. 49. Costs and expenses (1) Subject to this section, the Building Commissioner or the State Administrative Tribunal may make such orders for costs as they think fit in relation to proceedings arising from a building service complaint or a HBWC complaint. (2) The Building Commissioner must not award costs to a party for the services of a representative of that party unless, in the opinion of the Building Commissioner, it is fair to do so, having regard to — (a) whether a party has acted in relation to a complaint in a way that unnecessarily disadvantaged another party; or (b) whether a party has been responsible for prolonging unreasonably the time taken to deal with the complaint; or (c) the relative strengths of the claims made by each of the parties; or (d) any other matter the Building Commissioner considers relevant. (3) If the Building Commissioner or the State Administrative Tribunal is of the opinion that the costs and expenses were unnecessarily incurred due to the conduct of a party, the Building Commissioner or Tribunal may make an order requiring the party to pay all or any specified part of the costs and expenses incurred under this Act in investigating the complaint. (4) An order may be made under subsection (3) even where no building remedy order or HBWC remedy order is made. (5) In determining costs to be paid the Building Commissioner or State Administrative Tribunal may take into account any refusal or failure by a party to comply with an order or direction of the Building Commissioner or Tribunal. (6) When any costs or expenses are ordered to be paid under subsection (3) — (a) the amount ordered to be paid is recoverable by the Building Commissioner in a court of competent jurisdiction as a debt due to the State; and (b) any amount paid or recovered must be credited to the Building Services Account. (7) This section does not limit the powers of the State Administrative Tribunal under the State Administrative Tribunal Act 2004 Part 4 Division 5. 50. Enforcement of order requiring payment of money (1) A person to whom payment is to be made under an order made under this Act may — (a) if the order is made by the Building Commissioner —enforce the order by filing in a court of competent jurisdiction — (i) a copy of the order that the Building Commissioner has certified to be a true copy; and (ii) the person's affidavit as to the amount not paid under the order; or (b) if the order is made by the State Administrative Tribunal — enforce the order under the State Administrative Tribunal Act 2004 section 85. (2) No charge is to be made for filing a copy of an order or an affidavit under subsection (1)(a). (3) On filing under subsection (1)(a), the order is taken to be an order of the court, and may be enforced accordingly. 51. Failure to comply with order to do work, new order (1) In this section — responsible adjudicator, in relation to an order, means — (a) if the order was made by the Building Commissioner, the Building Commissioner; and (b) if the order was made by the State Administrative Tribunal, the State Administrative Tribunal. (2) If the responsible adjudicator is satisfied that a building remedy order referred to in section 36(1)(a) to remedy a building service has not been complied with, or has been complied with in part only, by the person to whom it was given by the responsible adjudicator, the responsible adjudicator may — (a) revoke the order in relation to remedying the building service or the part in question; and (b) make a building remedy order referred to in section 36(1)(b) or (c) in relation to that building service. (3) If the responsible adjudicator is satisfied that a HBWC remedy order referred to in section 41(2)(a) to do any work has not been complied with, or has been complied with in part only, by the person to whom it was given by the responsible adjudicator, the responsible adjudicator may — (a) revoke the order in relation to the work or the part in question; and (b) make an order against the person for the payment of a sum of money as compensation for the failure to comply. (4) An order under subsection (3)(b) is taken to be a HBWC remedy order. (5) Subsections (2) and (3) apply whether or not a person has been convicted of an offence under section 53 or the State Administrative Tribunal Act 2004 section 95 before the revocation. (6) Sections 37, 38, 42 and 43 apply to the making of an order under this section. (7) The revocation of an order under subsection (2) or (3) does not affect — (a) anything done under the order before the revocation; or (b) a penalty that has or may be imposed under section 53, or the State Administrative Tribunal Act 2004 section 95 in respect of the failure to comply; or (c) any action that has or may be taken under the Building Services (Registration) Act 2011 section 57 or 58 in respect of the failure to comply. 52. Enforcement of order other than monetary order or order to do work (1) If, or to the extent that, an order of the Building Commissioner is not an order requiring the payment of money or an order to which section 51 applies, it may be enforced under this section. (2) A person seeking to enforce an order under this section may file in the Supreme Court — (a) a copy of the order that t