Development Compliance Officer Course
Overview/Content
This program provides a thorough understanding of the roles and responsibilities of Compliance Officers working within local government.
The course has 6 topics and a final take home assessment task covering the following:
Topic 1 - The Roles and Responsibilities of the Development Control Officer
Development Compliance Officers are responsible for making sure that all building use and development activities within the local government area comply with relevant laws, regulations, and planning approvals. In this topic we cover the requirements for:
- Inspecting and monitoring development
- Investigating complaints
- Initiating enforcement action
- Reporting
- Advisory roles
- Record Keeping
Topic 2 - The NSW Planning System
In this topic we delve into the Intricacies of the NSW planning system with a particular focus on the:
- Statutory Planning and Construction requirements prescribed in the Environmental Planning and Assessment Act and Regulations.
- Environmental Planning Instruments (SEPP's and LEP's) and Development Control Plans
- Development Consent
- Complying Development Consents (CDC's)
- Exempt Development
Topic 3 - The National Construction Code - BCA
In this topic, we look at the fundamental requirements of the National Construction Code Volumes 1 & 2 (BCA) as they relate to the functions of the DCO with a focus on:
How to find the NCC online, and the role of the Australian Building Codes Board
The relevance of the NCC (BCA) to the functions of the DCO
When do we need to apply the requirements of the BCA.
The difference between Volume 1, Volume 2 and the Housing Provisions
The Governing Requirements of the NCC as a "performance based" document
How to identify different classes of buildings
The main differences between the requirements for class 1a, Class 1b as compared to a Class 10
Topic 4 - The Legislation relevant to the statutory functions of the DCO
The functions of a compliance officer in the local government are governed by legislation. Typically, the legislation prescribes the officer's powers, responsibilities, and processes for ensuring that they fulfill their statutory duties appropriately.
In this topic we will focus on the legislation that impacts on the functions of the DCO. We will look at the legislative requirements for initiating and taking enforcement action including:
Investigation and evidence gathering
Delegated authority
Serving Notices and Orders
Powers of entry
Powers to obtain information
Evidence Gathering
Recording evidence
The legislation that we will focus on includes but is not limited to the following and their respective Regulation:
Environmental Planning and Assessment Act 1979
Local Government Act 1993
Protection of Environment Operations Act 1997
Food Act 2003
Fine Act 1996
Topic 5 - Investigating and Taking Action on Alleged Offences and Breaches
In this topic we explore the best practices to investigate and acting on alleged offences and breaches. We will look at:
How complaints are received
How to establish their legitimacy
The investigative powers from a legal perspective
The investigation process from receiving compliant to taking appropriate action
The requirements before entering onto a site
The requirements for attending the scene
How to collect, interpret and present evidence for legal action on behalf of Council
Topic 6 - Initiating Legal Action
In this topic, we cover the requirements for initiating legal action including:
Identifying the relevant Notices and Orders that must be issued
How to prepare an order
The requirements for Natural Justice and Procedural Fairness
Statute of Limitation
Issues for consideration
The requirements for issuing a Penalty Infringement Notice (PIN)
The requirements of the Fine Act 1996
The role of NSW Revenue
How to prepare Affidavits and briefs of evidence when required
Court Proceedings and representation.