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.

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 23 January 2013, the Acting Director made the following delegations under s.13 of the FWBI Act:

 

Column A

Column B

No. 

Function and/or Power

Delegate(s)

1

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
Group Manager – Field Operations

3

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

Group Manager –
Field Operations

Executive Director –
Field Operations (Central/West)

Executive Director –
Field Operations (Eastern)

4

Issue identity cards under section 59B of the FWBI Act.

Group Manager –
Field Operations

Executive Director
– Field Operations (Central/West)

Executive Director
– Field Operations (Eastern)

Field Operations employees engaged as Executive Level employees

5

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 under section 59G of the FWBI Act.

Group Manager –
Field Operations

Executive Director
– Field Operations (Central/West)

Executive Director
– Field Operations (Eastern)
  Independent Assessor  

6

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

Chief Counsel

Group Manager – Field Operations

7

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 subsection 43(1) of the FWBI Act.

Chief Counsel

Group Manager – Field Operations

8

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

Chief Counsel

Group Manager – Field Operations

9

Notify the Commonwealth Ombudsman that an examination
notice has been issued and provide the copies as required by
section 49 of the FWBI Act.

Chief Counsel

Group Manager – Field Operations

10

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 of the Office

11

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.

Chief Counsel

Group Manager – Field Operations

12

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

Chief Counsel

Group Manager – Field Operations

13

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 subsection 51(4) of the FWBI Act.

Chief Counsel

Group Manager – Field Operations

14

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

Group Manager – Field Operations

15

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 of the Office

16

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

Chief Counsel

Group Manager – Field Operations

17

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 of the Office
 

Disclosure of Information

  

18

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

Fair Work Building Industry Inspectors

Members of staff of the Office

19

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

Members of staff of the Office 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 of the Office 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

Group Manager – Field Operations
 

Compliance Outcomes

  

22

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

Chief Counsel

Group Manager – Field Operations

23

Make submissions in a matter before FWA in accordance with section 72 of the FWBI Act.

Chief Counsel

Group Manager – Field Operations
 

Consultants and Assistants

  

24

Accept a written undertaking and other related functions and powers conferred on the Director under subsection 59D(1) of the FWBI Act.

Chief Counsel

Group Manager – Field Operations

25

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.

Group Manager – Field Operations

Executive Director
– Field Operations (Central/West)

Executive Director
– Field Operations
(Eastern)

Field Operations employees engaged as Executive Level 2
employees

26

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

Group Manager – Field Operations

27

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

Chief Counsel

Group Manager – Field Operations

SECTION 14(2)(C)

Details of recommendations made to the Director by the Advisory Board

In the period of this report no recommendations were made to the Director by the Advisory Board.