Queensland Building Services Authority or BSA
The BSA describes themselves as "a statutory authority established under the Queensland Building Services Authority Act 1991 (the QBSA Act). The BSA's charter is to regulate the building industry through the licensing of contractors; educating consumers about their rights and obligations; making contractors aware of their legal rights and responsibilities; handling disputes fairly and equitably; protecting consumers against loss through statutory insurance; implementing and enforcing legislative reforms; and where necessary prosecuting people not complying with the law.
Set out below is the legislation that allows you to ask for a review of a QBSA decision. There are strict time limits to lodge an application for a review of a QBSA decision (usually 28 days). It is important that you seek legal advice before the time lapses.
Call Lawyers Qld Building and Construction Lawyers on Brisbane 07 3036 5233
or Gold Coast 07 5677 0533
What does it mean to "review a QBSA decision?"?
Section 86 of the Queensland Building services Authority Act 1991 states the following:
(1) The Tribunal may review the following decisions of the authority-
(a) a decision to refuse an application for a licence or a permit;
(aa) a decision to refuse an application for renewal of a
licence;
(b) a decision to impose or vary a condition of a licence;
(c) a decision to suspend or cancel a licence or permit;
(d) a decision that there are reasonable grounds for concern that a licensee does not satisfy the relevant financial requirements for a licence;
(e) a decision to direct or not to direct rectification or completion of tribunal work;
(f) a decision that tribunal work undertaken at the direction of the authority is or is not of a satisfactory standard;
(g) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work;
(h) a decision to disallow a claim under the statutory insurance scheme wholly or in part;
(i) a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;
(j) a decision not to categorise an individual as a permitted individual for a relevant event;
(k) a decision under section 56AF or 56AG that-
(i) a person is an excluded individual or excluded company; or
(ii) an individual is still a director or secretary of, or an influential person for, a company;
(l) a decision under section 66 or 67 that a person is a convicted company officer;
(m) a decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential
person or nominee for, the company;
(n) a decision under section 67AH, 67AI, 67AL or 67AM that an individual is a banned individual for a stated term;
(o) a decision under section 67AN that a company that is a licensee has an individual who is a banned individual as
a director or secretary of, or an influential person or nominee for, the company;
(p) a decision under section 67AZF, 67AZG, 67AZJ or 67AZK that an individual is a disqualified individual for a stated term;
(q) a decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential
person or nominee for, the company.
The forum for a review of a QBSA decision is the Queensland Civil and Administrative Tribunal (QCAT)
What can the QCAT Tribunal do?
Section 24 of the QCAT Act provides that (1) In a proceeding for a review of a reviewable decision, the tribunal may- (a) confirm or amend the decision; or (b) set aside the decision and substitute its own decision; or (c) set aside the decision and return the matter for reconsideration to the decision-maker for the decision, with the directions the tribunal considers appropriate.
Making an application to QCAT.
Section 33 of the QCAT Act provides (2) The application must-
(a) be in a form substantially complying with the rules; and
(b) state the reasons for the application; and
(c) be filed in the registry.
(3) If the application is for the review of a reviewable decision,
the application must be made, by filing it in the registry,
within 28 days after the relevant day.
(4) In this section-
relevant day, for an application for the review of a reviewable
decision, means-
(a) the day the applicant is notified of the decision; or
(b) if the applicant has applied to the decision-maker for a
written statement of reasons for the decision under
section 158-the earlier of the following days-
(i) the day the written statement is given to the
applicant;
(ii) the day by which the written statement is required
to be given to the applicant under that section; or
(c) if the applicant has applied to the tribunal for an order
under section 159-
(i) if the tribunal makes the order-the earlier of the
following days-
(A) the day the written statement of reasons the
subject of the order is given to the applicant;
(B) the day by which the written statement of
reasons the subject of the order is required to
be given to the applicant under the order; or
(ii) if the tribunal does not make the order-the day
the applicant is notified of the tribunal's decision to
not make the order.
158 Obtaining statement of reasons
(1) This section applies if a person who may apply to the tribunal
for a review of a reviewable decision has not been given a
written statement of the reasons for the decision.
(2) The person may ask the decision-maker for the reviewable
decision to give the person a written statement of the reasons
for the decision.
(3) The request must be-
(a) in writing, whether by letter, facsimile or email; and
(b) made within 14 days after the person-
(i) was notified of the decision; or
(ii) is, under an enabling Act, taken to have been given
notice of the decision by publication of the
decision in the gazette, a newspaper or in another
way; or
(iii) if subparagraph (i) or (ii) does not apply-the day
the person became aware of the decision.
(4) The decision-maker must give the person the statement within
a reasonable period of not more than 28 days after the request
is made.(5) The person is entitled to receive a written statement of reasons
for the reviewable decision whether or not the provision of the
enabling Act under which the decision is made requires that
the person be given a written statement of reasons for the
decision.
159 Tribunal order requiring statement of reasons be given
(1) This section applies if-
(a) under section 158, a person has asked the
decision-maker for a reviewable decision for a written
statement of the reasons for the decision; and
(b) the decision-maker has not given the person the
statement.
(2) The person may apply to the tribunal for an order that the
decision-maker give the person the statement.
(3) If the person applies for an order under subsection (2), the
person must give written notice of the application to the
decision-maker.
(4) If the tribunal is satisfied the person is entitled to receive the
statement, the tribunal may make an order requiring the
decision-maker to give the person the statement within the
period of not more than 28 days stated in the order.
Lawyers Qld Building and Construction Solicitors
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Brisbane 07 3036 5233
Gold Coast 07 5677 0533
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Queensland Civil and Administrative Tribunal or QCAT litigation and representation, Building and Construction Lawyer Queensland for Building Disputes Brisbane and the Gold Coast, Queensaland. BSA Reviews, Building and Construction Attorney Gold Coast Building Attorney Brisbane.