The VBA (Victorian Building Authority) is responsible for the regulation and management of building practitioners (including to, but not limited to builders, plumbers and building surveyors).
A key function of the VBA is to supervise and monitor the conduct and ability of registered and listed building practitioners. The VBA ensures compliance with the Building Act 1993 (the Act) and associated legislation and to ensure the achievement of efficient and competitive building and plumbing industries in Victoria. The VBA has broad authoritative power to inspect any building works, investigate potential breaches and in turn, prosecute building practitioners to protect the community.
Show Cause Notices
The show cause process is the VBA’s mechanism for holding building practitioners accountable for their performance. The VBA can issue show cause notices which initiates disciplinary action, as well as Suspension notices. These notices are highly important and should not be overlooked as under section 180 of the Building Act, the VBA may also immediately suspend a practitioner’s registration in prescribed and deemed circumstances.
The practitioner will be required to make representation and account regarding the notice. It is important to know that the VBA will typically only allow practitioners 28 days to arrange representation.
In almost every instance there is a ‘legal clock’ running, and failure to respond in the specified time may lead to overlooked opportunities to defend yourself. A prompt response is extremely important, to ensure you are not deemed as having ‘accepted the contents of the letter or document’.
Disciplinary Proceedings and Prosecution
In the more serious cases, or where the show cause process has been unsuccessful, the VBA can issue disciplinary proceedings against a practitioner or seek to lay charges in Court. If this occurs, documents (usually a summons) will be served on the practitioner and strict time limits apply to respond.
If you are unfamiliar or unsure about the contents of any document from the VBA you should always seek professional and specialised advice. Our team at Oldham Construction Lawyers are skilled in representing building practitioners and contractors who have been issued with show cause notices or charges.
Your building contract matter will be handled by our Director, Daniel Oldham and his dedicated team. Show cause matters
Daniel has extensive legal experience appearing in:
- Show cause matters
- Disciplinary matters at the VBA and VCAT (appeals against the VBA)
- Prosecution matters in the Magistrates Court/County Court
To arrange an appointment or for any queries please call Daniel on 03 9640 0002, or via email firstname.lastname@example.org