FWBI ACT ANNUAL REPORT REQUIREMENTS

Section 14 of the FWBI Act stipulates mandatory information to be included in the FWBC Annual Report. The requirements that have not been addressed in the body of this annual report are detailed below.

In the period of this report no directions had been given by the Minister under s.11 or 12.

SECTION 14(2)(A)

Details of directions given by the Minister under s.11 or 12

In the period of this report no directions had been given by the Minister under s.11 or 12.

SECTION 14(2)(B)

Details of delegations by the Director under s.13

In the period of this report, the Director delegated his powers and functions on one occasion:

On 1 June 2012, the Director made the following delegations under s.13 of the FWBI Act:

TABLE 2.19 PENALTIES IMPOSED AS AT 30 JUNE 2012

 

Function and/or Power

Delegate(s)

1

To inquire into, and investigate, any act or practice by a building industry participant that may be contrary to a designated building law, a safety net contractual entitlement or the Building Code in accordance with paragraph 10(c) of the FWBI Act.

  • Fair Work Building Industry Inspectors

2

Prepare and give to the Minister a report on the performance of the Director’s functions and the exercise of the Director’s powers during that year in accordance with section 14 of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations

3

Give further information to the Independent Assessor in accordance with subsection 41(3) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations
  • Executive Director – Chief Executive’s Office
  • Members of Field Operation staff engaged at Senior Executive Level Band 1

4

Request the Independent Assessor to reconsider a determination made under subsection 39(1) of the FWBI Act in relation to a building project in accordance with section 43 of the FWBI Act.

  • Chief Counsel
  • Chief of OperationsM
  • Executive Director – Chief Executive’s Office
  • Members of Field Operation staff engaged at Senior Executive Level Band 1

5

Notify the Commonwealth Ombudsman that an examination notice has been issued in accordance with paragraph 49(a) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations
  • Executive Director – Chief Executive’s Office
  • Members of Field Operation staff engaged at Senior Executive Level Band 1
  • Fair Work Building Industry Inspectors

6

After an examination notice has been issued, give the Commonwealth Ombudsman a copy of the things referred to in s 49(b) of the FWBI Act in accordance with paragraph 49(b) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations
  • Executive Director – Chief Executive’s Office
  • Members of Field Operation staff engaged at Senior Executive Level Band 1
  • Fair Work Building Industry Inspectors

7

Give an examination notice to the person in relation to whom it is issued in accordance with subsection 50(1) of the FWBI Act.

  • Fair Work Building Industry Inspectors
  • Members of staff referred to in s 26K(1) of the FWBI Act

8

If a notice under subsection 50(3) or 50(4) of the FWBI Act is given to a person, give a copy of that notice to the Commonwealth Ombudsman in accordance with subsection 50(7) of the FWBI Act.

  • Fair Work Building Industry Inspectors
  • Members of staff referred to in s 26K(1) of the FWBI Act

9

Conduct an examination of a person in accordance with section 51(2) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations

10

Require information or answers to be given by a person at an examination to be verified by, or given on, oath or affirmation, and either orally or in writing and, for this purpose, administer the oath or affirmation in accordance with s 51(4) of the FWBI Act

  • Chief Counsel
  • Chief of Field Operations

11

Give the Commonwealth Ombudsman a report, video recording and transcript of an examination of a person in accordance with subsection 54A(1) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations
  • Executive Director – Chief Executive’s Office
  • Members of Field Operation staff engaged at Senior Executive Level Band 1

12

Take possession of a document produced under an examination notice and keep it for as long as is necessary for the purposes of conducting the investigation to which the document is relevant in accordance with subsection 55(1) of the FWBI Act.

  • Fair Work Building Industry Inspectors
  • Members of staff referred to in s 26K(1) of the FWBI Act

13

In the circumstances set out in subsection 55(4) of the FWBI Act, permit a person otherwise entitled to possession of the document (or a person authorised by that person) to inspect and make copies of all or part of the document.

  • Chief Counsel
  • Chief of Field Operations

14

Make and keep copies of all or part of any documents produced under an examination notice in accordance with section 56 of the FWBI Act.

  • Fair Work Building Industry Inspectors
  • Members of staff referred to in s 26K(1) of the FWBI Act

15

Appoint Fair Work Building Industry Inspectors in accordance with section 59 of the FWBI Act.

  • Chief of Field Operations
  • Executive Director of Field Operations – Central/Western
  • Executive Director of Field Operations – Eastern
  • Executive Director – People Learning and Culture

16

Issue identity cards to inspectors in accordance with section 59B of the FWBI Act.

  • Chief of Field Operations
  • Executive Director of Field Operations – Central/Western
  • Executive Director of Field Operations – Eastern
  • Executive Director – People Learning and Culture
  • General Manager, Strategic Projects
  • Members of staff engaged at the Senior Executive Level
  • Field Operation employees engaged as Executive Level employees
  • Jo Washington King
  • Charles Gregory

17

Give a direction to a Fair Work Building Industry Inspector relating to the performance of the inspector’s functions or the exercise of the inspector’s powers as an inspector in accordance with section 59G of the FWBI Act.

  • Chief of Field Operations
  • Members of Field Operation staff engaged at Senior Executive Level Band 1

18

Disclose or authorise the disclosure of information in accordance with section 64(2) the FWBI Act.

  • Members of staff engaged at the Senior Executive Level
  • Fair Work Building Industry Inspectors

19

Disclose, or authorise the disclosure of, information to the Minister in accordance with section 64(3) of the FWBI Act.

  • Members of staff engaged at the Senior Executive Level

20

Disclose or authorise the disclosure of information to the Secretary of the Department or an SES employee, or an APS employee, in the Department, in accordance with subsection 64(4) of the FWBI Act.

  • Members of staff engaged at the Senior Executive Level

21

Disclose or authorise the disclosure of information to the Advisory Board in accordance with subsection 64(5) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations
  • Executive Director – Chief Executive’s Office

22

Intervene in a civil proceeding before a court in accordance with section 71(1) of the FWBI Act.

  • Chief Counsel
  • Chief of Operations

23

Make submissions in a matter before Fair Work Australia in accordance with section 72 of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations
  • Members of Field Operations and Legal staff engaged at the Senior Executive Staff Level Band 1

24

Determine that a person may accompany a Fair Work Building Industry Inspector onto premises to assist the Fair Work Building Industry Inspector in accordance with subsection 710(1) of the FW Act.

  • Chief of Field Operations
  • Executive Director of Field Operations – Central/Western
  • Executive Director of Field Operations – Eastern
  • Field Operation employees engaged as Executive Level 2 employees

25

Perform the functions and exercise the powers conferred on the Director under section 59D(1) of the FWBI Act

  • Chief Counsel
  • Chief of Field Operations

26

Make submissions to the Independent Assessor in accordance with subsection 10(h) and paragraph 41(1)(b) of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations

27

On behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Director in accordance with section 26M of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations

28

In accordance with section 26M of the FWBI Act, determine in writing the terms and conditions of engagement of a person engaged under section 26M of the FWBI Act.

  • Chief Counsel
  • Chief of Field Operations

SECTION 14(2)(C)

Details of recommendations made to the Director by the Advisory Board

In the period of this report the Advisory Board was yet to be appointed. Accordingly, no recommendations were made to the Director by the Advisory Board.