Background

The Queensland Building and Construction Commission and Other Legislation Amendment Regulation (No. 1) 2015(Qld) expands the penalty provisions contained in the Queensland Building and Construction Commission Act 1991(Qld).

Outline/Key provisions/Key changes

As of 1 July 2015, demerit points will now be accumulated where:

  • a licensed contractor engages or directs an employee to carry out fire protection work without the requisite authorisations
  • a licensed contractor or construction manager fails to ensure that building work is personally supervised by either the nominee or a person holding a nominee or site supervisor's licence, a fire occupational licence, an occupational licence or a contractor's licence of the relevant class
  • a licensed contractor engages or directs an employee to carry out fire protection work without the requisite authorisations
  • a licensed contractor or construction manager fails to ensure that building work is personally supervised by either the nominee or a person holding a nominee or site supervisor's licence, a fire occupational licence, an occupational licence or a contractor's licence of the relevant class
  • a licensed contractor or a construction manager (and its nominee) fails to ensure that building work is adequately supervised
  • a licensee fails to provide financial records and other documents under an approved audit program within 21 days from receipt of a written notice from the commission
  • a licensed contractor helps a person carry out building work where it is known or ought reasonably to be known that they do not hold a contractor's licence of the appropriate class
  • a licensed contractor carries out or undertakes to carry out building work using a different name, number or PIN
  • a person contracts with someone who does not hold a contractor's licence of the appropriate class
  • a document or information is given to the commission relating to satisfaction of financial requirements, that is known to be false or misleading, or there is a failure to take reasonable steps to make sure the information is not false or misleading
  • a document or information is given to the commission relating to satisfaction of financial requirements, that is known to be false or misleading, or there is a failure to take reasonable steps to make sure the information is not false or misleading
  • a licensed contractor fails to sign any contract offer or tender where they are in partnership with an unlicensed person
  • there is a failure to rectify the building work or remedy consequential damage the subject of a direction to remedy or rectify
  • there is a failure to comply with a document production requirement
  • a building contractor fails to keep a building contract and related documents and relevant financial records for 7 years from the date the contract is put into writing
  • anything is stated to the commission known to be false or misleading in a material particular
  • an entry in a document or giving a document to the commission containing information that is known to be false or misleading in a material particular
  • a copy of a variation the subject of a regulated contract is not provided in written form to a building owner within the requisite time period
  • a building contractor starts or carries out domestic building work the subject of a variation before the builder owner has agreed in writing to the variation.