Contractors

If you are a contractor who has received an adverse decision from the Queensland Building and Construction Commission (QBCC), you are not without options. This guide outlines the key steps, timeframes, and strategies for challenging QBCC decisions under Queensland law.

Types of QBCC Decisions You Can Challenge

Under section 86 of the Queensland Building and Construction Commission Act 1991 (Qld) (the QBCC Act), “reviewable decisions” include:

• Licence decisions — refusal, suspension, or cancellation of a licence or permit, refusal of renewal, or imposition of licence conditions
• Financial requirements decisions — a finding that there are reasonable grounds for concern that you do not satisfy minimum financial requirements
• Rectification and direction orders — a direction to rectify or remedy defective building work (or a refusal to give a direction)
• Statutory insurance decisions — decisions about the scope of works to be carried out under the QBCC statutory insurance scheme (SIS), or to disallow a claim under the SIS

Not every QBCC decision is a “reviewable decision.”

A decision to disallow a claim under the SIS is a “reviewable decision”. However, a decision to allow a claim under the SIS is not reviewable under the QBCC Act.

A decision about the scope of works to be carried out under the SIS is a “reviewable decision”. However, the cost of carrying out that scope of works under the SIS is not reviewable under the QBCC Act.

How to Challenge a QBCC Decision

You can apply for either an internal review or an external review of the decision. In most cases, a party that is dissatisfied will apply for an internal review as a first step, as that process is quicker and generally more cost-effective than an external review.

Step 1: Internal Review

You can apply to the QBCC’s internal review unit. Under sections 86A–86C of the QBCC Act:

• You must apply within 28 days of being notified of the decision (or becoming aware of it), using the approved form lodged at a QBCC office. Whilst in some cases it may be possible to apply for an extension to this timeframe, extensions are not always granted.
• The internal reviewer will make a fresh decision — as if the original decision had not been made — within 28 business days or such longer period as agreed by you as the applicant. If no decision is made in time, the original decision is taken to be confirmed.

Step 2: External Review (QCAT)

If you are dissatisfied with the internal review outcome, you may apply to the Queensland Civil and Administrative Tribunal (QCAT) for an external review. Under the QBCC Act, you have 28 days from receiving the internal review decision to file a review application in QCAT. QCAT operates as an independent tribunal and will consider the matter afresh.

Step 3: Judicial Review (in Limited Cases)

Where the issue is one of legal error rather than the merits of the decision, you may apply to the Supreme Court of Queensland under the Judicial Review Act 1991 (Qld).

Grounds include denial of procedural fairness, failure to consider relevant matters, taking into account irrelevant considerations, and acting without evidence.

As Supreme Court proceedings are generally very costly, this is often not a commercially viable option.

Practical Tips for Contractors

1. Act immediately. The 28-day deadlines for internal review and QCAT applications are strict. Missing the deadline can extinguish your review rights entirely and for certain decisions like directions to rectify, in some cases missing the 28-day deadline can permanently bar external review.

2. Gather evidence early. The internal reviewer makes a completely new decision, so your application should include all supporting documents, photographs, financial records, and correspondence from the outset.

3. Understand the difference between an internal and an external review. An internal review is conducted within the QBCC itself by the QBCC internal review unit. QCAT is a fully independent tribunal. If you have applied for an internal review, you cannot apply to QCAT until after the internal review has been completed (or deemed completed).

4. Consider a stay application. If the decision has immediate commercial consequences, for example, a licence suspension stopping you from trading, you may be able to apply to QCAT for a stay of the decision while your review is underway. Not all decision types are eligible for a stay, so check first.

5. Get legal advice early. Engaging a lawyer before filing your internal review application can help you frame your grounds properly and avoid common pitfalls, such as filing on the wrong form, missing a deadline, or failing to address the correct statutory criteria.

What to Expect During the Review Process

• Internal review the internal review unit will generally give their decision within 28 business days from the application being lodged, though you and the QBCC can agree to a longer period.
• QCAT proceedings involve filing an application, an exchange of documents, and potentially a compulsory conference (similar to mediation) before a final hearing. Timeframes vary, but it can take many months and in some cases years to receive the final decision in a QCAT proceeding.
• Possible outcomes include the original decision being affirmed, varied, or set aside entirely. QCAT can substitute its own decision.

You are also entitled to request a written statement of reasons for the decision if one has not been provided. This must be requested within 14 days of being notified of the decision and the decision-maker must respond within 28 days.

Key Takeaways

• Know your deadlines — you must apply for an internal review or external review within 28 days from when you receive or first become aware of the decision.
• Use the approved form and lodge it at a QBCC office for an internal review.
• Preserve and gather evidence from the moment you receive the decision.
• Seek legal advice promptly — particularly if your livelihood depends on your licence.
• Do not ignore a QBCC decision — inaction can permanently limit your options and result in significant adverse consequences, particularly if the matter involves a claim under the QBCC statutory insurance scheme.