Specialising in Reviews of QBCC Decisions.
QBCC Internal Review & QCAT Administrative Review. Lawyers Qld Building & Construction Lawyers, defending clients against the QBCC (formerly QBSA) over the last 13 + years.
Servicing Brisbane, the Gold Coast, and Regional Qld. QBCC decisions can be reviewed by the QBCC Internal Review Process, the QCAT External Review Process, or by way of Judicial Review in the Qld Supreme Court. In a QBCC Decision Review, the outcomes can be that the original decision is (1) varied, (2) substituted, or (3) confirmed.
Our Principal Karen Schwede has the perfect blend of experience and knowledge for this specialist legal niche, she has been a Queensland Lawyer for over 31 years and importantly during her career she has worked as a Legal Officer for the Queensland State Government. Her experience working for the Queensland Government has given her unique insight and knowledge in Administrative Reviews such as Reviews of QBCC Decisions.
QBCC Internal Review of a QBCC Decision
QBCC Internal Review Applications must be made within 28 calendar days of the QBCC making a person affected by the decision aware of the decision. If you make an application outside that time frame the QBCC website states that the QBCC Policy is that you will be given 3 days to provide reasons for the delay and a decision will be made by QBCC whether to accept the ‘out of time’ QBCC Internal Review Application.
The QBCC Internal Review Application will be conducted by a QBCC Review Officer who was not involved in the original decision making process, the QBCC Officer will be of the same level or senior to the original QBCC Decision Maker.
The QBCC Internal Review Officer will have the same decision making power as the original QBCC Decision Maker. One advantage of a QBCC Internal Review is that you may provide additional evidence that may not have been available to the original QBCC Decision maker. The QBCC Internal Review Officer may ask for further information however in our view, before you lodge your QBCC Internal Review Application you should seek advice from a Specialist Building and Construction Lawyer who can help you obtain evidence such as expert reports and witness statements to attach to your application rather than just provide what is requested.
It is important to remember that the QBCC Internal Review Officer has the power to advise other people affected by the QBCC Internal Review that you have lodged an Internal Review Application. The QBCC Officer may provide those other people with a copy of your QBCC Internal Review Application and the evidence that you have provided to QBCC without your consent. You should assume that QBCC will provide a copy of your material to others. This makes it important to ensure that you don’t weaken any external review for future litigation by providing poorly prepared evidence or evidence that might be legally privileged.
The example given by QBCC is “For example, if you are a builder and apply for an internal review because we directed you to rectify building works (a reviewable decision), the internal review officer will contact the home owner where the alleged defective works are located, to tell them of the internal review, get any information from the home owner that might assist with the internal review and may ask the home owner to attend any site visits, along with you and the internal review officer. This is because the home owner will be affected if a different decision is made by the internal review officer, and gives the home owner the opportunity to be involved in the internal review process before the decision is made.”
In summary, if you take advantage of your legal right to obtain QBCC Legal Advice and assistance from our Building & Construction Lawyer when you prepare the evidence for the QBCC Internal Review: (1) you will preserve all of your legal rights, (2) you are much more likely to be successful, and (3) if you are unsuccessful, the expert evidence and witness statements will be the foundation of the evidence used in any External Review in QCAT or any other Litigation.
QCAT Review of a QBCC Decision
You can apply to QCAT for a review of a QBCC Decision, including a decision made by the QBCC Internal Review Unit. Strict time limits apply to make an application.
In a QCAT QBCC Decision Review a QCAT Member (Who is not in any way associated with QBCC) will be delegated to review the QBCC Decision and make a finding. The QCAT Member has the power to hear all of the evidence and make a fresh decision. It is open for the QCAT Member to (1) vary (2) substitute or (3) confirm the original decision.
The process is like a typical court case where, (if you want to be successful) you will have to provide evidence including expert evidence and statements from witnesses. QBCC are always represented by Lawyers. You can be cross examined by the QBCC’s legal representatives however, typically you will not be allowed to cross examine the QBCC decision maker. Both you and the QBCC’s Lawyers will have the opportunity to make legal submissions to the QCAT Member. The process can be quite technical in terms of the evidence (say for defective building work), the legal issues, and the QCAT processes and procedures (such as the preparation of applications and the presentation of your case).
Although QCAT does not always allow parties to be represented by Lawyers, they typically do in Administrative Review matters such as reviews of QBCC Decisions.
Reviews of a QBCC Direction to Rectify Defective Building Work
We regularly help our contractor clients defend and manage QBCC Directions to Rectify. Please click the following link to go to our QBCC Direction to Rectify Defective Building Work page where we discuss Directions to Rectify in detail.
QBCC Decisions that are reviewable
QBCC Licensing and compliance decisions
- Decision to refuse a licence application
- Decision to refuse a licence renewal
- Decision to impose or vary a licence condition
- Decision to suspend a licence
- Decision to cancel a licence
- Decision that there are reasonable grounds for concern that a licensee does not satisfy the financial requirements for their licence
- Decision that a person is an excluded individual for an insolvency event or a series of insolvency events
- Decision that a company is an excluded company
- Decision that a person is an influential person for a company
- Decision that a person is a convicted company officer, banned individual or disqualified person
- Decision to refuse an owner-builder permit
- Decision to suspend an owner-builder permit
- Decision to cancel an owner-builder permit
QBCC Dispute resolution decisions
- Decision to issue a direction to rectify defective building work
- Decision not to issue a direction to rectify defective building work
- Decision that rectification work is satisfactory
- Decision that rectification work is not satisfactory
- Decision to take disciplinary action against a person under section 74F
QBCC Non-conforming building product decisions
- Decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL(5)
- Decision to give a direction under section 74AN (remedy/prevention)
- Decision not to accept a building product undertaking under part 6AA, division 3
- Decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT.
- Decision to seize a place, part of a place, building, structure or other thing under part 9, division 6
- Decision to require information or attendance before the inspector under section 105T
- Decision to give a direction under section 106P or 106Q (non-conforming building products).
QBCC Insurance decisions
- Decision about the scope of works for an insurance claim
- Decision to disallow an insurance claim wholly or in part
- Decision that a domestic building contract has been terminated allowing an insurance claim for incomplete work
QBCC Certification decisions
- Decision to refuse a licence application
- Decision to refuse a licence renewal
- Decision to impose conditions on a certifier’s licence
- Decision to suspend or cancel a certifier’s licence
- Decision a certifier has engaged in unsatisfactory conduct
- Decision a certifier has engaged in professional misconduct
- Decision that a certifier has not engaged in unsatisfactory conduct or professional misconduct
QBCC Plumbers and drainers decisions
- Decision to refuse a licence as a plumber or drainer
- Decision after review to impose or change conditions on a plumbing or drainage licence
- Decision to take disciplinary action against a plumber or drainer
QBCC Pool safety inspector decisions
- Decision to refuse a licence application for a pool safety inspector
- Decision to refuse to renew a licence for a pool safety inspector
- Decision to refuse to restore a licence as a pool safety inspector
- Decision to amend a pool safety inspector’s licence
- Decision to suspend a pool safety inspector’s licence
- Decision to cancel a pool safety inspector’s licence
- Decision to take disciplinary action against a pool safety inspector
- Decision to impose conditions on a pool safety inspector’s licence