Part 1 – Statute and subordinate legislation
The purpose of this task is to demonstrate your awareness of building control legislation
relevant to your jurisdiction (state or territory) and your familiarity with legislation websites.
Carry out research or speak to a building surveyor (one who has also done
development assessment) and ascertain what development/ building control
legislation is relevant to your jurisdiction.
Present this task as a list of the legislation under the headings of statute and
subordinate legislation. You must use the correct form of legal referencing in your
Present a brief written account (200 words maximum), using an example to assist
your explanation, about how you would use the main piece of building legislation
listed in task 1 in your work as a building surveyor.
From Task 1 you now need to review the primary act and regulations in your state for
building control. Links can be found in the Introduction to this Unit.
You are to discuss the following using the headings provided:
(in no more than two Paragraphs, and a paragraph made of a maximum of three
sentences except (g))
a) Development/building control instruments.
What subordinate documents does the Act enable/direct/delegate to be made?
b) What has to be considered
Does the legislation tell you what has to be considered in development/building control
assessment? What are these?
c) Building Code of Australia (BCA)
How is the BCA linked to the Act or Regulations?
d) Appeal rights
What are they?
What are the enforcement provisions and what are the processes?
f) Powers of entry
What are the requirements?
g) Evidence gathering for court
How is this to be done, what do you have to be aware of as a building surveyor?
Read the resource notes on Collecting Information in Topic 3 and formulate a short
answer (100 words maximum)
Other sites of interest are:
_in…Compliance with NSW water management laws;
Also refer to the Evidence Act in your state or territory. Does this provide assistance
with the question?
Part 2 – Case law skills
The purpose of this task is for you to demonstrate your understanding of how case law can
develop your knowledge and practise in building control.
Task 1 – Introduction to case law
How is case law formed and how does it work? (200 words maximum – you need to
be concise to fit within this word limit).
Within your answer you will need to discuss the effect of precedent.
Task 2 – Case law examples
You are required to prepare three (3) regulatory practise/case notes from cases that
you have researched and investigated.
Write a short report (approx. 1 page) on each, set out as follows:
Case: number and description. (Ensure correct reference Hornsby Shire Council v
Porter and others (1990) 19 NSWLR 716)
Introduction: Two sentences describing the appeal (maximum)
Discussion: Summarise the appeal in about three (3) paragraphs in your own words
(each paragraph is composed of about 3 or 4 sentences – maximum).
Conclusion: to consist of:
I. Appeal decision
II. Your opinion of this decision (two paragraphs – maximum)
III. Your comment on how this case informs building control knowledge and
practice.( This needs to be detailed however concise with a maximum of 200
The cases chosen for regulatory practise/case notes must include the following:
One from administrative case law relating to building control legislation
One from Commonwealth legislation case law impacting building/development
One either from the above categories or another case relevant to building
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