Image courtesy of Cruzer - Does it hold your next building permit application?
Is this the future of building permit applications? Could a digital presentation of your building permit application be a “legal” document? We have 3d models using 3D drawing software? We can stamp pdf’s with an image of a stamp.
Is the legislation ready? Is it admissible as evidence? This ultimately would seem to be the key. In Victoria it’s the Evidence Act 1958 which is crucial. There is a whole section on business documents, with all sorts of exceptions and variations etc. It also says unless otherwise specified in an Act e.g. The Building Act 1993.
Regulation 302 of the Building Regulations 2006 mentions nothing about electronic documents. It just refers to documents. Section 32 of the Act says that a Council must keep all documents submitted in a “prescribed manner”. Regulation 321 is the key – it refers to records being kept for 10 years in their “original form”. So, if you submitted a permit application to BDC in digital form that would be the original form. OK, so far so good!
According to Johnathan Clough from the Monash University Law School in a presentation to the Public Records Office on the issue of “The Admissibility of Digital Evidence” section 3 of the Victorian Evidence Act 1958 says:
‘any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom.’
In his paper Johnathan concludes:
“Notwithstanding the complexities, it appears that the admissibility of digital records has not caused great difficulties in the courts to date. While this may change with increasing volume of such documents, the courts are also inclined to take a pragmatic approach. Many documents will be tendered by consent, for example, which minimises the level of dispute in court. From the point of view of the person producing the document, it is vitally important to be able to testify as to the identity of the document. That it is what it purports to be. In the case of electronic documents, this will include evidence establishing when it was created, the accuracy of the copy, and the like.”
There is a further relevant paper from the Public Records Office of Victoria which says in conclusion that:
“ Until recently, Victorian courts have not specifically allowed for the introduction of electronic records in electronic form. This was not the result of an active decision against the use of electronic-format records, but rather due to technology limitations within the court system. In its first Practice Note of 2002, the Supreme Court of Victoria changed this position, making specific provision for the exchange of evidence between parties, and its supply to the court, in electronic formats. This Practice Note applies to civil proceedings only at this stage.
Tags: Building Permits, Building Surveying, building surveyors, digital documents