Demerit points

How will I get demerit points?

Demerit points are issued if you don’t:

  • pay Queensland Home Warranty Insurance premiums
  • follow QBCC directions to rectify defective or incomplete work
  • pay judgment debts (i.e. debts ordered by a court or tribunal)
  • meet your legislative requirements e.g; licence lending, no contract or excess deposit.

Demerit point amounts

Offences can attract anything from 2 to 10 demerit points, depending on the offence committed.

If you get 30 demerit points in a 3-year period, you can’t hold a licence for 3 years. If, within 10 years of the first disqualification, you again accumulate 30 demerit points over a 3-year period, you’ll get a lifetime disqualification.

If you are convicted of two or more demerit offences as a result of an investigation or audit by QBCC, the maximum demerit points that may be allocated for the convictions is 20. More demerit points may be allocated for offences discovered by later investigations or audits if the offences do not relate to the earlier investigation or audit.

Accumulating demerit points when you are not licensed will affect your ability to apply for a licence.

Demerit point offences

Queensland Building and Construction Commission Act 1991

Section of Act

Description of Offence

Demerit points applicable 

s.42B(1)

Carrying out building work without a nominee

10

s.42C(1) Unlawful carrying out of fire protection work 10

s.42D(1)

Unauthorised fire protection work

10

s.43(1) 

Company not ensuring personal supervision 

8

s.43(2) 

Individual not ensuring personal supervision 

8

s.43A(1) 

Company not ensuring adequate supervision 

s.43A(2)

Individual not ensuring adequate supervision 

s.43B(2) 

Construction Manager Company not ensuring personal supervision 

s.43B(3) 

Construction Manager Individual not ensuring personal supervision 

s.43C(2) 

Construction Manager Company not ensuring adequate supervision 

s.43C(3) 

Construction Manager Individual not ensuring adequate supervision 

s.50C(4) 

Failing to comply with audit 

s.51A(1) 

Licensed contractor helping unlicensed contractor commit offence against section 42 

10 

s.51A(2) 

Licensed contractor using other's name, number or PIN 

10 

s.51B(2) 

Licensed contractor contracting with unlicensed person 

s.53B(1) 

Providing false and misleading documents regarding financial requirements 

s.56(2)(b) 

Partnership with unlicensed person in contravention of section 56(1)(d) 

s.67G(1) 

No written contract (not domestic less than $10,000)

s.67G(2)

No written contract (not domestic more than $10,000) 

s.67G(3)

Contract does not comply with formal requirements (not domestic)

s.67I(4)

Direction not in writing (commercial contracts)

s.67V(1)

Failure to warn that a contract is a construction management trade contract

s.68B(2)

Licensed contractor failed to pay appropriate insurance premium (offences occurring on or after 28 October 2016)

4

s.68B(3)

Licensed contractor failed to pay appropriate insurance premium for speculative work (offences occurring on or after 28 October 2016)

4

s.68C(2)

Construction manager failed to pay appropriate insurance premium (offences occurring on or after 28 October 2016)

4
s.72AA(1) Delay rectification work 4
s.72AA(2) Obstruct rectification work 4

s.73

Failure to comply with a direction to rectify or remedy

Up to 10 demerit points

s.105R(1)

Failure to produce document

8

s.108A(2)

Failure to keep documents for 7 years

4

s.108B(1)

Providing false or misleading statement

4

s.108C(1)

Providing false or misleading document

4

s.108C(3)

Making false or misleading entry in document

4

Queensland Building and Construction Commission Act 1991 - Schedule 1B (domestic contracts)

Section of Act

Description of Offence

Demerit points applicable

Schedule 1B s.15

Failure to provide copy of contract for building owner including plans and specifications

4

Schedule 1B s.16(2)

Failure to provide copy of commencement notice

2

Schedule 1B s.17(2)

Failure to provide copies of certificate of inspection

2

Schedule 1B s.18(2)

Failure to provide consumer building guide

2     

Schedule 1B s.30

Work started before contract complies

10

Schedule 1B s.31(2)

Foundations data not obtained before entering into a contract

4

Schedule 1B s.31(5)

Failure to provide copy of foundations data to building owner

2

Schedule 1B s.33(1)

Excess deposits

4

Schedule 1B s.34(1)

Progress payments did not directly relate to work

2

Schedule 1B s.40(2)

Variations were not in writing

2

Schedule 1B s.40(5)

Variations were not in writing and signed by building owner before work started

2

Schedule 1B s.41(1)

Variation document failed to comply with formal requirements

2

Schedule 1B s.42(2)

Extension of time did not comply

2

Schedule 1B s.42(3)

Failure to provide signed copy of extension of time

2

Schedule 1B s.43(2)

Caveat lodged on resident owner

4

Other demerit point matters

Queensland Building and Construction Commission Act 1991 

Section of Act

Demerit point matter 

Demerit points applicable

s.67AW

Non-payment of judgment debt

10

List of Certifier Demerit Offences

Section

Provision

Demerit Points

s83(1))

A private certifier failing to comply with general restrictions on granting building development approval

8

s84(1) and s84(2)

A private certifier giving approval inconsistent with particular earlier approvals or accepted development

8

s86(1)

A private certifier (who has approved an application) failing to give copies of approval documents (within 5 business days) and the required fee to the local government

2

s88(2)

A private certifier (who has approved an application) giving the applicant approval documents when the certifier has not given the local government copies of approval documents and/or the required fee

3

s88(2B)

A private certifier (who has approved an application) giving the applicant approval documents before the end of 5 business days after giving the local government copies of approval documents and the required fee

8

s88(6)

A private certifier failing to keep written evidence that the required fee was paid to the local government, for at least 5 years after giving the approval documents

1

s99(2)

A building certifier failing to give the building owner inspection documentation on final inspection, within the required period

2

s102(2)

A building certifier failing to give a certificate of classification on inspection after particular events

1

s107(2)

A building certifier failing to give a referral agency copies of a certificate of classification and other documents within 10 days of giving the certificate of classification, if required to under the development approval

2

s108

A private certifier (class A) failing to give the local government for the building development application a copy of a certificate of classification within 5 business days after giving the certificate and/or failing to keep a copy for at least 5 years

2

s122

A building certifier ailing to give the building owner copies of inspection documentation within 5 business days if the building development approval lapses

5

s124A(3)

A building certifier failing to give the building owner requested inspection documentation for a certified stage of work (not including the final stage), within 5 business days

1

s125

A person performing a building certifying function without a building certifier licence

8

s126

A building certifier performing a building certifying function without the appropriate licence to perform the function

8

s134

A person who is not a private certifier (class A) performing a function under section 48 (functions of a private certifier (class A))

8

s135(1)

A private certifier performing a private certifying function for a building development application without being appropriately licensed to carry out the type of building assessment work required for the application

8

s135(2)

A private certifier failing to comply with the building assessment provisions and chapters 5 and 6 of the Building Act 1975 when performing a private certifying function

8

s136(1)

A private certifier failing to act in the public interest when performing a private certifying function

10

s143(2)

A private certifier (owner client) failing to give a notice of engagement to the local government within 5 business days after the engagement starts

2

s143A(3)

A private certifier (other clients) failing to give the owner a notice of the certifier’s name and responsibilities within 15 business days after the engagement starts (

2

s143A(4)

A private certifier (other clients) failing to give the local government a notice of engagement within 15 business days after the engagement starts

2

s143B(5)

A building certifier failing to perform the certifying function stated in an additional certification notice by the agreed day

2

s143B(6)

A building certifier failing to give the owner and client copies of all documents relevant to the additional certifying function within 5 business days after performing the function

1

s147(2)

A private certifier failing to keep, for an approved development application, a copy of the application and the approval documents for the application for at least 5 years from the relevant day

1

s148(2)

A private certifier (whose engagement is discontinued before giving a final inspection certificate or certificate of classification) failing to give the building owner copies of inspection documentation within 5 business days of discontinuation or specified events

5

s149(1)

A private certifier failing to give the local government a copy of all inspection documentation within 5 business days after certain events

2

s149(3)

A private certifier failing to give the local government a copy of the reminder notice under s95 within 5 business days after a building development approval lapses

2

s150

A private certifier failing to keep all inspection documentation for building work for which they were engaged for at least 5 years after the building work is completed

1

s183(2)

A building certifier failing to give QBCC notice of cancellation or suspension of an interstate or NZ licence or conviction of a relevant offence, within 20 business days after it happened

2

s195(4)

A building certifier failing to comply with a document requirement notice given by the QBCC (for audit or investigation purposes)

3

s202(1)

A person knowingly stating anything that is false or misleading in a material particular to the QBCC, in relation to a certifier investigation or audit

8

s203(1)

A person giving a document containing information they know is false or misleading in a material particular to the QBCC, in relation to a certifier investigation or audit

8

Note: A limit of 20 demerit points may be allocated by the QBCC if multiple demerit offences are discovered as a result of a single investigation or audit.

Public records and demerit points

Demerit points are publically recorded on our on-line licence search and are removed three years from their date of issue.