Apologies for the error in names.
You are on the right track on this issue looking at Section 7 of the Act. Section 7 enables regulations to be produced. What matters is the purpose of this section, and its purpose is to set building standards in the regulation. You will note that this section...
Hi Human909,
To answer your questions:
A2G2(4) is a regulation that is ultra vires. As it is ultra vires, all that happens when taken to court is the judge rules the clause (effectively) 'null and void'. This applies to the entire State of Victoria, not just one project. It is a type of legal...
Hi Human909,
Guidelines are as you say, exactly that and nothing more. They can be inciteful in two regards. Firstly, they may be correct and assist in interpreting the law. Secondly, sometimes they are wrong and are used as political power instruments by administrators. When the latter...
To answer your question if you are "leaping too much if you want to ignore the NCC?", the answer is yes, but it is a good question. Regulations are nothing more than 'fleshed out detail' of the objective of a statute such as a Building Act, and it is law (generally) to comply with regulations as...
Each state and territory of Australia administers its own building Act, in the case of Victoria, this is the Building Act 1993. This is because under the Australian Constitution, there is no reference to building law, and therefore the federal government does not pass a federal building Act for...
Hi Euler07,
The NCC process you refer to which is A2G2(4) came into effect on 1 July 2021 under the NCC 2019 Amendment 1. It was a result of a recommendation from the 'Building Confidence' report produced by Peter Shergold and Bronwyn Weir published in February 2018. As it is in the NCC, it has...
