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The Swimming Pool & Spa Association of Victoria (SPASA) operates a volunteer-based Complaint process. This process has been initiated to assist consumers in obtaining an independent technical opinion - and potentially to assist with the resolution of a technical dispute.
This service is only available to consumers that
have construction / installation issues, undertaken by financial Pool Builder
category members of the association, and have had their works commenced under a
SPASA Victoria Construction or Renovation Contract.
The association specifically does not involve
itself in disputes of a contractual nature. If your issue is related to completion
expectations, variations, etc – or any other matter ultimately determined by
the SPASA Contract, an independent legal advisor is recommended.
It is strongly recommended that consumers do everything in their power
to resolve the dispute directly with members, or through alternate means, including: The Victorian Law Institute P: 9607 9550 or VCAT P: 9628 9090 or Building Advice & Conciliation Victoria P: 1300 557 559.
The experience of the association is that the most common complaint does not relate to poor
workmanship, but rather poor communication – usually based on misunderstandings
or poorly communicated expectations. It is not the role of the association to
intervene in these matters. The SPASA Complaints process is generally seen as an "avenue of last resort".
SPASA cannot compel members to undertake
any action recommended by this Complaints process. The association cannot force
private entities to perform works it may deem as necessary or reasonable.
Action is taken internally, if members are proven to have failed in providing
what they are obliged to (legally and/or ethically).
Completion of the "SPASA Consumer Complaint Form" will provide SPASA
with sufficient information to determine if, or how, it may be able to assist
you. If legal representation has been engaged - or the matter has already been
lodged with VCAT - SPASA is unable to proceed with the complaint.
SPASA will only consider a Complaint after all outstanding monies are
banked into the SPASA Complaints Trust account. To remain impartial, SPASA
engages the services of an independent pool industry technical consultant.
Again, we strongly encourage consumers to make every effort to resolve
the dispute with the entity in which you have entered into a contractual
arrangement. The process of resolving such disputes can be time consuming and
often requires compromise by one or both parties.
If you wish to proceed with this formal complaint process, you may request
a SPASA Consumer Complaint Form by filling in the request below. The SPASA Consumer Complaint Form must be fully completed and
returned, together with a cheque for all unpaid monies, and a copy of the SPASA
Contract - to this office.
Initial
processing of Complaints usually takes 14 days after receipt of a fully completed SPASA Consumer Complaint Form, please delay contacting the
association until this initial administrative period has elapsed.
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