Slab fall away

I've got a challenge here. Background is the builder has cut too deep for the slab and the slab is now below the very substantial retaining wall.

It's failed occupancy as the rules are that there needs to be a fall away from the slab.

There's a Ag drain about 50cm out from the slab and that works great. In 2.5 years I've been here water has never pooled so i'm not that concerned.

So the first question is - does anyone know of any rule that'd allow me to exempt from this building code? 3.1.3 https://ncc.abcb.gov.au/editions/2019-a ... 3-drainage

Failing that, any suggestions on how to get to a pass? I really really dont want to dig out around the base of the retaining wall. There might be other options but all I can think of is a v shaped cut out, or small retaining out from the wall that allows me to cut down for the slab fall away.

Hoping for any advice.

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