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 |
3 |
Appoint Fair Work Building Industry Inspectors in accordance with section 59 of the FWBI Act. |
Group Manager – Executive Director – Executive Director – |
4 |
Issue identity cards under section 59B of the FWBI Act. |
Group Manager – Executive Director Executive Director 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 – Executive Director Executive Director |
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 |
Chief Counsel Group Manager – Field Operations |
10 |
Give an examination notice to the person in relation to whom it |
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 |
Chief Counsel Group Manager – Field Operations |
12 |
Conduct an examination of a person in accordance with |
Chief Counsel Group Manager – Field Operations |
13 |
Require information or answers to be given by a person at an |
Chief Counsel Group Manager – Field Operations |
14 |
Give the Commonwealth Ombudsman a report, video recording |
Chief Counsel Group Manager – Field Operations |
15 |
Take possession of a document produced under an examination |
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 |
Members of staff of the Office engaged at the Senior Executive Level |
21 |
Disclose or authorise the disclosure of information to the Advisory |
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 Executive Director Field Operations employees engaged as Executive Level 2 |
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.