Are you looking for information on how to review a QBCC decision?
Have you received a decision through the Queensland Building and Construction Commission (‘QBCC’) which you believe was incorrectly reached?
If you believe a decision made by the QBCC is incorrect, you have 28 days to apply to have that decision (‘the original decision’) reviewed. This is a review a QBCC decision.
There are two possible avenues you may take in reviewing a QBCC decision:
- You may apply for an internal review of the decision within 28 days of the original decision. Once an internal review decision is made by the Internal Review Unit, the decision cannot be re-reviewed or changed by QBCC; or
- You may apply for an external review through the Queensland Civil and Administrative Tribunal (‘QCAT’). This may be done within 28 days of the original decision, or within 28 days of the internal review decision.
These avenues of review are made available under Division 3 of the Queensland Building and Construction Commission Act 1991 (Qld) (‘the QBCC Act’). These have been further discussed individually below.
Are you looking to review a QBCC decision in Qld? Be referred to construction lawyers on the Sunshine Coast
Internal Review a QBCC Decision
An applicant has 28 calendar days from the date of the original decision to apply for an internal review. The internal reviewer must, as soon as practicable but within 28 days, make a new decision (‘the internal review decision’), as if the original decision of the application had not been made. However, if the internal reviewer does not decide the application within 28 days, the internal reviewer is taken to have made an internal review decision at the end of the required period that is the same as the original decision.
Once an internal review decision is made by the Internal Review Unit, the decision cannot be re-reviewed or changed by QBCC. However, the internal review decision can then be externally reviewed in QCAT. Generally, an internal review decision will provide a different outcome in the following circumstances:
- Circumstances surrounding the decision have changed;
- new information coming to light since the original decision was made; or
- crucial information being missed in making the original decision.
The Internal Review Unit will advise the applicant and all relevant parties of the internal review decision of the outcome by mail and/or email. Moving forward, if you believe the internal review decision was also reached incorrectly, you may wish to apply for an external review through QCAT.
External Review of a QBCC Decision by QCAT
QCAT is independent of the QBCC, and their review of either to original decision, or the internal review decision, can lead to a new decision. The QBCC must adopt any decision made by QCAT (subject to any appeal rights). You can apply to QCAT for a review within 28 calendar days of either the original decision, or the internal review decision.
Decisions able to be reviewed by QCAT include:
- certain directions about work made by the QBCC, such as rectification of work and insurance claims for domestic building work;
- statutory insurance scheme decisions;
- validity of domestic building contracts; and
- adjudication registrar decisions.
The appropriate forms and information on how to apply for an external review through QCAT can be found via the QCAT website.
Please note, as stipulated above there are short timeframes involved in reviewing QBCC decisions. If you would like further information, or assistance in deciding the best avenue in reviewing a QBCC decision, please contact our solicitors today.
Are you looking to review a QBCC decision in Qld? Be referred to construction lawyers on the Sunshine Coast
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