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Dispute a QBCC Decision

If you feel a decision made by QBCC is incorrect, you can have it reviewed independently through QBCC’s Internal Review Unit or through the Queensland Civil and Administrative Tribunal (QCAT).

Internal review

If you are dissatisfied with a decision made by the QBCC then you could apply to the QBCC’s Internal Review Unit for an independent and internal review of the decision.  The Internal Review Unit can review decisions relating to licensing matters, rectification orders, insurance, certification matters and compliance decisions.  It does not cost anything to submit an internal review application, but the application must be made within 28 days of receiving the original decision.

Applications for an internal review can be made online or by contacting the QBCC on 139 333.

QCAT review

The appropriate forms, and information on how to file a review, can be found at the QCAT website. Please be aware that some decisions are not reviewable by QCAT.

Who can have a decision reviewed?

Decisions can only be reviewed by people affected by them.

Reviewable Decisions

Those decisions which are reviewable are fully detailed in section 86(1) of the Queensland Building and Construction Commission Act 1991. Some of the more common decisions reviewed include:

  • a decision to refuse an application for a building licence;
  • a decision to direct (or not to direct) a contractor to rectify defective building work;
  • a decision to disallow a claim for insurance under the statutory insurance scheme, wholly or in part; and
  • a decision to refuse an application to be considered a permitted individual.

Non Reviewable Decisions

The Tribunal is prevented from reviewing some decisions of the Queensland Building  and Construction Commission, by the provisions of section 86(2) of the Queensland Building and Construction Commission Act 1991. Decisions which the Tribunal cannot review include:

  • a decision to recover an amount paid out under the insurance scheme;
  • a decision that a contractor has not undertaken any work pursuant to a direction issued by the Commission;
  • a decision to direct rectification of defective building work, if 28 days have elapsed since the direction was served and the Commission has commenced a disciplinary proceeding/prosecution, served an infringement notice, or served a notice on the contractor advising the claim under the statutory insurance scheme has been approved.

For a complete list of decisions of the Commission which the Tribunal cannot review, see section 86(2) of the Queensland Building and Construction Commission Act 1991.

When should I apply to have a decision reviewed?

Applications to review decisions by QCAT or Internal Review must be filed within 28 days of the Commission making the person aware of the decision. If you wish to review a decision outside of that time frame, you must apply to the Tribunal.  Any decision resulting from the Internal Review process is also reviewable in QCAT.

Licence
Creative Commons Attribution 3.0 Australia (CC BY 3.0)
Last updated
13/06/2014 10:33 AM

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