The Queensland building industry regulator is now able to provide a free, faster and more consistent process for dealing with disciplinary proceedings.
The new administrative disciplinary process for the Queensland Building and Construction Commission (QBCC) is similar to those already applied to plumbers, electricians, drainers and pool safety inspectors.
Under the new process, disciplinary proceedings have been transferred from the Queensland Civil and Administrative Tribunal (QCAT) to the Commission.
QBCC Commissioner, Steve Griffin, said the amendment was among a range of reforms to enable the Commission to become more effective in balancing the interests of consumers and licensees.
The QBCC can take disciplinary action against a licensee or former licensee for many reasons, including if they contravene the QBCC Act or the Building Act 1975, are not a fit and proper person to exercise control or influence of a company, or if they contravene a condition of the licence.
The Commission can also take action against a non-licensee, including where a person carries out, or undertakes to carry out, building work, commits an offence involving fraud or dishonesty relating to performance of building work, or fails to comply with a direction to rectify defective or incomplete work or to remedy consequential damage.
A person who is given, or is entitled to be given, notice of a decision to take disciplinary action is entitled to apply for an internal review of the decision to take disciplinary action.
The internal review will be undertaken by the executive director or director of the relevant business unit of the Commission.
A person who is given, or is entitled to be given, notice of a decision to take disciplinary action is also entitled to apply to QCAT for review of the decision to take disciplinary action.