Cpccsv5008A Assignment Solution - Assessment Answer

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.

Task 1

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

answer.

Task 2

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.

Task 3

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?

e) Enforcement

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:

www.water.nsw.gov.au/…/compliance_nsw_water_management_laws;

_in…Compliance with NSW water management laws;

http://www.qpilch.org.au/resources/factsheets/evidence_and_proof_in_civil_proceedings.htm

;

http://www.casa.gov.au/wcmswr/_assets/main/manuals/regulate/enf/009r13.pdf;

h) Other

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

words)

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

control

 One either from the above categories or another case relevant to building

control.