Building Standards

In reply to the Hon. F. PANGALLO (16 October 2018).

The Hon. D.W. RIDGWAY (Minister for Trade, Tourism and Investment): The Minister for Transport, Infrastructure and Local Government/Planning has advised the following:

The incident at Curtis Road, Munno Para on 13 October 2018 is the subject of ongoing criminal and other investigations and as such it is inappropriate to comment on the specifics of the matter at this time.

1. The Minister for Planning will not be demanding to see documentation relating to the matter in question unless a formal complaint, made in accordance with regulation 103 (which provides for councils and private certifiers to be investigated) of the Development Regulations 2008 is made.

2. The decision to issue a section 69 order is the responsibility of the council as the party responsible for administering the Development Act 1993 – in this case the City of Playford. Such orders are issued by authorised officers to the building owner and can require the evacuation of the land or building, prevent (or terminate) a specific activity from being conducted, prohibit the occupation of the building or land and carry out building work or other work.

Questions about whether such an order was issued, if and how it was enforced (or not) should be directed to the City of Playford.

3. The Development Act 1993 affords councils a range of legislative tools to ensure that buildings are safe for occupation and fit for purpose. These include powers to inspect, direct a person to refrain from an action or activity or in the case of an existing building, upgrade portions of the building that are considered to be unsafe.

Questions about what action/s the City of Playford have undertaken to ensure the building meets the minimum required codes and standards should be directed to the City of Playford.

4. The legislative framework governing inspections and testing of materials is the Development Act 1993, which is administered by councils – in this case the City of Playford.

Questions about whether inspections or testing were undertaken for the building in question should be directed to the City of Playford.

5. The legislative framework governing inspections is the Development Act 1993, which is administered by councils – in this case the City of Playford. The state government has no powers to instruct Councils to perform this task.

In July 2017, the state government wrote to all councils and requested they undertake a number of actions including prioritising the inspection of buildings with aluminium composite panels.

6. The role of private certifiers and other professionals involved in the assessment, approval and inspection process is being reviewed as part of the broader planning and building reforms under the PDI Act 2016.