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Contractor offences

QBCC investigates the following complaints:

Make a complaint

Complete the Notification of Offence form and return by:
  • post – GPO Box 5099, Brisbane Qld 4001
  • fax – 07 3225 2999
  • in person at your nearest QBCC office
  • email – to Compliance.Complaints@qbcc.qld.gov.au
    Please scan all documents and attach them to your email. We can only accept PDF documents and emails smaller than 8MB.
We will not start an investigation unless we receive a Notification of Offence form.
 
Provide with the form:
  1. Your details
    We keep in touch with you during the investigation. If the offender is prosecuted you will be asked to make a statement and may be required to give evidence in court. We cannot investigate anonymous complaints.
  2. Offender details
    To take action we must locate the alleged offender. Other helpful information includes how you came in contact with the contractor and details of any suspicious patterns of behaviour.
  3. Site details
    We use this information to determine the type of construction work being done (i.e. exempt work, domestic or residential work).
We need evidence to prove beyond reasonable doubt, who by, when and where the offence was committed. If we cannot prove all aspects of the alleged offence we cannot act.
 
Please send copies as we can’t return originals. We destroy original documents after a certain period of time.

Complaints QBCC do not investigate

Investigating complaints

Our ability to investigate a complaint depends on the:
  • seriousness of the alleged breach
  • information provided
and
  • when the offence was committed.
While all complaints are carefully considered, we cannot pursue them all. To make the best use of our resources and increase benefits to the public, we target areas where there is evidence or where there may be potential loss to consumers. Refer to section 2.1 of QBCC's Compliance and Enforcement Policy.
 
You are notified if we can’t investigate a complaint. Where we can’t take action you may have civil rights you can pursue and you should seek legal advice in this case.

Time limits for complaints

Domestic Building Contracts Act (DBC Act) offences

To allow for investigation time, we request that complaints relating to domestic building work be made within 9 months of the offence date, as the offender must be prosecuted within 1 year of committing the offence.

All other offences (QBCC Act offences)

To allow for investigation time, we request that complaints relating to building work be made within 18 months of the offence date or within 9 months from when you notify QBCC of the offence. The offender must be prosecuted within 2 years of committing the offence or 1 year from the date QBCC first became aware of the offence (whichever is later).

Investigation length

We try to investigate complaints quickly but can’t provide a timeframe due to the number of factors involved.
 
You will receive an acknowledgement letter when we get your complaint. We will also tell you the outcome of the investigation and if any disciplinary action was taken.

Disciplinary action

We have the authority to discipline a contractor with (depending on the severity of the offence):
  • education, advice and influencing good practice
  • formal written warnings
  • infringement notices (fines)
  • issuing of Demerit Points
  • imposition of conditions
  • public warnings
  • injunctions
  • court prosecutions or disciplinary action in the QCAT
  • suspension or cancellation of their QBCC licence.
Disciplinary action is solely at our discretion and separate to any civil action you may take.

Your privacy

All information you provide is kept confidential and only used to investigate your complaint or for surveying purposes to assist us in improving our services, but may be subject to access under the Right to Information Act 2009.
 
Some information used to prosecute an offender may indicate the origin of the complaint.

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated
3/02/2014 10:39 AM

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