Elements and Performance Criteria
- Analyse the Australian administrative legal system.
- Differences between Australian common law, statute law, delegated legislation and local government law are analysed and documented.
- Civil law and examples of civil action relevant to building control legislation are identified and analysed.
- Administrative law relevant to building control is determined and interpreted.
- Evaluate administrative law applicable to building control activities.
- Analyse the procedures and benefits of enforcing the law.
- Legislative benefits and examples from building control enforcement are investigated and documented.
- Major regulatory enforcement strategies are identified and recorded.
- Powers of entry are identified and analysed.
- Warrants and legal considerations in obtaining a warrant are identified and documented.
- Types of evidence and the gathering of evidence for the purposes of investigating and proving a breach of legislation are identified and documented.
- Offences are identified and the process for drafting and issuing a notice is evaluated and documented.
- Analyse the impact of other legislation on state and territory building and development control legislation.
- Analyse the professional code of conduct and ethics applicable to building control.
- Analyse the concepts of liability and responsibility of building practitioners as detailed in legislation.