Exclusion due to insolvency | Queensland Building and Construction Commission

QBCC licence and other fees are set by regulation and increase according to the Government Indexation Rate. For 2024-2025, the Government Indexation Rate is zero percent. Therefore there was no fee increase on 1 July 2024. 


These provisions prevent a person from holding a QBCC contractor, nominee supervisor or site supervisor licence or from being in a position of control or influence for a QBCC licensed company who:

  • has become bankrupt or enter into a Part IX or Part X agreement
  • is a director, secretary or influential person for a construction company that experiences a company failure.

Bankruptcy or company failure are called insolvency events. The period of exclusion is three years from the date of the insolvency event. A person involved in two separate relevant insolvency events may face life exclusion.

How can a person become an excluded individual?

An excluded individual is someone that is a director, secretary or influential person for a construction company at any time up to two years before the company has, for the benefit of creditors, a provisional liquidator, liquidator, administrator or controller appointed or is wound up or ordered to be wound up for the benefit of the creditor.

An influential person for a company, is an Individual, other than a director or secretary of the company, who is in a position to control or substantially influence the company's conduct. A person also becomes an "excluded individual" if they become bankrupt or take advantage of the laws of bankruptcy by entering into a Part IX or Part X agreement.

A construction company is a company that directly or indirectly carries out building work or building work services within 2 years of the insolvency event.

If a person has two insolvency events, the second event does not count if it is from the same set of circumstances as the first event. For example, if someone is a director of a construction company that is wound up, and then becomes bankrupt as a result of guaranteeing loans to the company, the bankruptcy will not count as an insolvency event.

Effects of being an excluded individual

The excluded individual's licence will be cancelled and they will be unable to reapply for another licence until their exclusion period ends.

They also cannot be

  • a director, secretary or influential person for a QBCC licensed company
  • in partnership with a licensed contractor.

How can a company become excluded?

A company becomes an excluded company if an excluded individual is a director, secretary or influential person for the company.

Effects of a company being excluded

The excluded company's QBCC licence will be cancelled unless the excluded individual stops being a director, secretary or influential person.

Assessment of solvency

Find out more about how solvency is assessed.


Last reviewed: 28 Jan 2024 Last published: 28 Jan 2024
Back to top