Dr LIM - 2003-10-16
You are aware of the neighbourhood dispute involving the Dominguez family in Alice Springs and the house their neighbours built at 48 Taylor Street. When you visited the Dominguez, you told them you would fix the problem. It has now escalated, at considerable cost to both parties. Will you fix the problem, as you said, or are these more hollow words to Territorians?
ANSWER
Mr Acting Speaker, I agree with the member for Greatorex. It is a very sad story and a very long dispute. Unfortunately, there is nothing much that this government can do. I refute that I said I could fix the problem, for the simple reason, there was nothing to fix.
Let me tell you what the problem is. Mr Dominguez lives in Alice Springs. A family of two people decided to buy the block next door, which is higher than Mr Dominguez’ house. They built an elevated house, and used material which is highly reflective. Unfortunately, there is no provision in the Building Act to prohibit the use of this material. There was a big dispute escalating and there were allegations from both sides. Mr Dominguez put a series of complaints to the Building Branch. None of those complaints were found to have a basis. Despite that, when I went to Alice Springs, I visited Mr Dominguez and spoke him and his wife. I have to say that I witnessed the effect of unpainted reflective surface of the house, and I sympathise with them.
However, legally, I cannot overrule the existing legislation in the Territory. Despite this, I offered the services of a mediator, at considerable cost to the department, because I wanted to resolve this issue, as I understood that if these people went to court it was going to cost both of them time, money and personal suffering. That was accepted by Mr Dominguez and his wife, and by the neighbours. I also visited the neighbours. So, I had another earful from the neighbours about the problem that the Dominguez caused them. It is obviously a neighbour’s dispute.
My department went to great lengths to sort out the dispute in order to prevent it going to court. As I said before, everything was done properly and legally, nothing contravenes the legislation. If there was any aspect of the new house that contravened the existing legislation of the Territory, my department would have stepped in and asked them to resolve the issue. I made several suggestions to Mr Dominguez and the other party. They were not accepted, they decided to go to court.
Let me remind you, a few months ago, when I brought forward legislation that we were adopting under the Building Code of Australia, that specified the colour you should use on corrugated iron and reflective sheeting, I recall the then member for Katherine getting up and yelling at the House: ‘You are not allowed to pay to have the colour you want’.
Mr Burke: You said you would fix the problem.
Mr VATSKALIS: That was part of the problem that is created with the use of current and modern material. I cannot fix the problem, and I have refuted that I ever said I would fix the problem …
Mr Baldwin: Why did you say you would?
Mr VATSKALIS: I told them that I would provide them with a mediator, and that is what I did. If they want to continue the dispute and go to court, good luck to them.
ANSWER
Mr Acting Speaker, I agree with the member for Greatorex. It is a very sad story and a very long dispute. Unfortunately, there is nothing much that this government can do. I refute that I said I could fix the problem, for the simple reason, there was nothing to fix.
Let me tell you what the problem is. Mr Dominguez lives in Alice Springs. A family of two people decided to buy the block next door, which is higher than Mr Dominguez’ house. They built an elevated house, and used material which is highly reflective. Unfortunately, there is no provision in the Building Act to prohibit the use of this material. There was a big dispute escalating and there were allegations from both sides. Mr Dominguez put a series of complaints to the Building Branch. None of those complaints were found to have a basis. Despite that, when I went to Alice Springs, I visited Mr Dominguez and spoke him and his wife. I have to say that I witnessed the effect of unpainted reflective surface of the house, and I sympathise with them.
However, legally, I cannot overrule the existing legislation in the Territory. Despite this, I offered the services of a mediator, at considerable cost to the department, because I wanted to resolve this issue, as I understood that if these people went to court it was going to cost both of them time, money and personal suffering. That was accepted by Mr Dominguez and his wife, and by the neighbours. I also visited the neighbours. So, I had another earful from the neighbours about the problem that the Dominguez caused them. It is obviously a neighbour’s dispute.
My department went to great lengths to sort out the dispute in order to prevent it going to court. As I said before, everything was done properly and legally, nothing contravenes the legislation. If there was any aspect of the new house that contravened the existing legislation of the Territory, my department would have stepped in and asked them to resolve the issue. I made several suggestions to Mr Dominguez and the other party. They were not accepted, they decided to go to court.
Let me remind you, a few months ago, when I brought forward legislation that we were adopting under the Building Code of Australia, that specified the colour you should use on corrugated iron and reflective sheeting, I recall the then member for Katherine getting up and yelling at the House: ‘You are not allowed to pay to have the colour you want’.
Mr Burke: You said you would fix the problem.
Mr VATSKALIS: That was part of the problem that is created with the use of current and modern material. I cannot fix the problem, and I have refuted that I ever said I would fix the problem …
Mr Baldwin: Why did you say you would?
Mr VATSKALIS: I told them that I would provide them with a mediator, and that is what I did. If they want to continue the dispute and go to court, good luck to them.
Last updated: 09 Aug 2016