Are you a licensed contractor who’s been ordered by the Queensland Building and Construction Commission (QBCC) to rectify defective work, remediate damage to a property neighbouring a client site, or something else within the QBCC’s dispute resolution purview? Maybe you’re having licensing issues, or problems getting coverage under the Home warranty insurance scheme.
Whatever the case, it’s a common misconception that tradies must simply cop any such directives and decisions, no questions asked, when in fact there are options for appeal.
If you feel a decision has been made in error or without the benefit of all relevant information, you’re entitled to pursue an internal review with the QBCC, or take the matter to the Queensland Civil and Administrative Tribunal (QCAT).
Apply for an Internal Review with the QBCC.
If you find yourself disagreeing with a QBCC decision, applying for a review – meaning a different QBCC officer will reconsider the facts of your case – is the logical first step. You have 28 days from the date of the initial decision to apply for an internal review, detailing your reasons for contesting the decision.
Although this option has the benefit of avoiding a trip to the courts, it can nonetheless involve complex legal language and procedures. Having an experienced QBCC dispute lawyer on your side helps you put forward you best argument in a formal application, ensuring it is appropriately prepared and filed, ultimately increasing your chances of a favourable outcome.
Apply for a Review at QCAT.
If the internal review doesn’t go your way, you can always take the matter to QCAT for resolution. Sometimes referred to as “small claims court”, QCAT is an independent tribunal providing quick, affordable, and fair access to dispute resolution and regulatory matters.
While less intimidating than a traditional court, applying to QCAT is a step up in formality from the internal review, so it makes sense to have a seasoned QBCC dispute lawyer on your side. At RCR Lawyers, we’ve represented countless contractors at tribunal hearings, protecting their rights and optimising legal outcomes.
What Decisions Can Be Reviewed?
Keep in mind, not all decisions made by the QBCC are subject to review (e.g. staff conduct or fines that have been issued). Contestable decisions include:
- Licensing matters (e.g., refusal to grant, renew, or the suspension or cancellation of a licence).
- 2. Dispute resolutions (e.g., defective or incomplete work disputes).
- Direction to rectify (e.g., when QBCC orders you to repair or complete work).
- Home warranty insurance (e.g., refusal to provide coverage or the amount of compensation awarded).
RCR Lawyers: Safeguarding Your Rights and Reputation
Understanding your rights and the steps you can take when you disagree with a QBCC decision is crucial. Yet, the legal language and processes can be complicated and overwhelming.
That’s where RCR Lawyers comes in.
We have a wealth of experience dealing with QBCC matters. Our commitment is to translate the complex legalese into plain English. We guide at every step, giving you clarity on your options, rights, potential pathways, and likely outcomes.
Successfully navigating the complexities of QBCC and QCAT appeals can mean avoiding having to do costly remediation work or suffer delays to your operation due to licensing concerns (not to mention the reputational damage of having a decision recorded against you). Make sure you protect your rights and your business’s future by getting the right QCAT dispute representation with RCR Lawyers.
The blog published by Rostron Carlyle Rojas Lawyers is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the author. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
