You have a legal right to challenge a QBCC Direction to Rectify

QBCC Directions to Rectify can have a significant impact on the QBCC Licensee involved. Apart from demerit points and fines the QBCC Licensee becomes financially responsible for the cost of rectification of the Defective Building work, subsidence or incomplete work.

Prior to 2015 QBCC Licensees that were the subject of a QBCC Direction to Rectify could apply to QCAT to have the Direction to Rectify "Stayed" meaning that the QBCC's decision was suspended until a final decision on the matter was made by the QCAT Tribunal.

Section 87(2) of the QBCC Act now states that QCAT must not stay a Direction to Rectify.

Put simply if you receive a Direction to Rectify and don't rectify the work the QBCC can have someone else rectify the work and send you the bill (even if you dispute that you are responsible or that the scope of works is unreasonable).

If you receive the QBCC Direction to Rectify it is important that you seek legal advice immediately. There are legal options available to dispute the QBCC Direction to Rectify however you have very limited time to take up those options

If you or your Company have been issued with a QBCC Direction to Rectify subsidence or defective or incomplete building work you have three avenues available to have that decision reviewed with the view to having the QBCC Direction to Rectify withdrawn, changed, or reconsidered.

If you are a property owner and have complained the QBCC about subsidence or defective or incomplete building work and the QBCC has decided not to issue a QBCC Direction to Rectify the Building Work (or if you are a person affected by a QBCC decision), can apply for a review of the Decision not to issue a direction to rectify the building work to those you believe are responsible.

Call Lawyers Qld now on Brisbane or Regional Qld 0730365233 or Gold Coast 0756770533.

QBCC Internal Review Unit

If the QBCC issue you or your Company with a QBCC Direction to Rectify defective building works you have a limited time to apply an internal QBCC review of the QBCC Direction to Rectify the alleged defective work. You can also apply for an Internal QBCC review if you are a homeowner or affected person and the QBCC decides not to issue a Direction to Rectify subsidence or defective or incomplete building work.

Lawyers Qld Building and Construction Lawyers can assist you by drafting the application for an Internal QBCC Review in such a way to ensure that you don't weaken your case or give away your legal rights. This is important because in the event that the QBCC find in favour of their QBCC Officer who originally issued the QBCC Direction to Rectify your next avenue will be to apply to Queensland Civil and Administrative Tribunal ("QCAT") or the Queensland Supreme Court for an independent review.

To Apply for a QBCC Internal review you need to be 'affected' the QBCC Direction to Rectify. This means that you could be the QBCC Licensee that has been Directed to Rectify alleged defective work or a home or building owner where the defective work is located.

Once the Application for an internal QBCC Review has been received by the QBCC it will be delegated to a QBCC Internal Review Officer. Importantly the QBCC Internal Review Officer will make a fresh decision based on the information previously given or any new information you have provided.

This is where help from our specialist QBCC Decision Review Lawyer can be invaluable. Our Solicitor can review all of the material that has been provided to the QBCC and help you to provide new material including comprehensive statements and written submissions on the law as it applies to the circumstances of the matter and if necessary, evidence from industry experts.

Engaging our specialist QBCC Direction to Rectify Lawyer early is much more cost effective if the QBCC Direction to Rectify can be overturned at the QBCC Internal Review stage.

If you, your business, or other affected parties, are unhappy with the QBCC's internal review decision, the QBCC internal review decision may be externally reviewed through QCAT or a Judicial Review in the Supreme Court. Generally, you have to file an application in the QCAT Registry within 28 calendar days of the internal review decision being received by you.

Call Lawyers Qld now on Brisbane or Regional Qld 0730365233 or Gold Coast 0756770533.

External QCAT Review

In the event that you want to bypass the QBCC's internal review process or the QBCC's Internal review process upholds their earlier decision to issue the QBCC Direction to Rectify (or not to issue a Direction to Rectify), you can make an application to QCAT or the Supreme Court for an independent review of the QBCC's original decision or the decision of the QBCC's Internal review officer not to withdraw the QBCC Direction to Rectify.

Strict time limits apply to make an Application for the review of a QBCC Decision to QCAT. The QCAT Act provides that most applications for review of a reviewable decision must be filed in the QCAT Registry within 28 days of the Applicant being notified of the decision.

Call Lawyers Qld now on Brisbane or Regional Qld 0730365233 or Gold Coast 0756770533.

Judicial Review

If you are unhappy with an administrative decision made by a state government agency or local government authority, you may be able to apply to the Supreme Court for a judicial review. You can seek a review of any questions of law involved in making the decision and for the reform of procedures used if contrary to common law. You can do this by applying to the Queensland Supreme Court.

You are able to seek a review of decisions (a) of an administrative nature proposed, required or made under an Act or (b) by an officer or employee of a Queensland Government agency or local government authority. If your interests are adversely affected (or will be adversely affected) by an administrative decision, you have the right to (1)request a statement of reasons explaining a decision (2) apply to the Supreme Court for a review of a decision if you are not satisfied with the statement of reasons for that decision. Usually, a request for a statement of reasons is made first and then if you are not satisfied, you can apply to the Supreme Court for a statutory order of review.

The Court’s review covers not only the decision or lack of a decision but also the decision-making process.

Call Lawyers Qld now on Brisbane or Regional Qld 0730365233 or Gold Coast 0756770533.