sec.190Making a complaint against a building certifier

### sec.190 Making a complaint against a building certifier A person may make a complaint to QBCC about a building certifier if the person believes the building certifier has engaged in unsatisfactory conduct or professional misconduct. A complaint must— be in writing; and contain particulars of the allegations on which it is founded; and be verified by statutory declaration. A complaint about conduct of a building certifier may only be made before the cut-off day, unless the certifier’s conduct has or may have caused significant financial loss or other serious harm. QBCC may require the complainant to give further particulars of the complaint. QBCC may dismiss any complaint without taking further action under this division if— QBCC has asked for further particulars under subsection (3) and the further particulars are not given or are not verified by statutory declaration; or QBCC is satisfied the complaint— is frivolous or vexatious; or lacks substance or credibility. QBCC must not disclose to another person unproved complaints against a building certifier. In this section— cut-off day , for making a complaint about conduct of a building certifier, means— for conduct relating to certification of building work the subject of a building development approval, 7 years after— a certificate of occupancy or final inspection certificate is issued for the building work; or if the building development approval lapses before a certificate of occupancy or final inspection certificate is issued for the building work—the building development approval lapses; or for conduct relating to building work for which a building development application has been made to which paragraph (a) does not apply, 1 year after— a private certifier is engaged for the application; or if a private certifier is not engaged for the application—the application is received by the local government; or otherwise—1 year after the complainant becomes aware of the conduct. s 190 ins 1998 No. 13 s 19 amd 2002 No. 77 s 177 ; 2013 No. 38 s 14 sch 1 ; 2020 No. 24 s 55 (sec.190-ssec.1) A person may make a complaint to QBCC about a building certifier if the person believes the building certifier has engaged in unsatisfactory conduct or professional misconduct. (sec.190-ssec.2) A complaint must— be in writing; and contain particulars of the allegations on which it is founded; and be verified by statutory declaration. (sec.190-ssec.2A) A complaint about conduct of a building certifier may only be made before the cut-off day, unless the certifier’s conduct has or may have caused significant financial loss or other serious harm. (sec.190-ssec.3) QBCC may require the complainant to give further particulars of the complaint. (sec.190-ssec.4) QBCC may dismiss any complaint without taking further action under this division if— QBCC has asked for further particulars under subsection (3) and the further particulars are not given or are not verified by statutory declaration; or QBCC is satisfied the complaint— is frivolous or vexatious; or lacks substance or credibility. (sec.190-ssec.5) QBCC must not disclose to another person unproved complaints against a building certifier. (sec.190-ssec.6) In this section— cut-off day , for making a complaint about conduct of a building certifier, means— for conduct relating to certification of building work the subject of a building development approval, 7 years after— a certificate of occupancy or final inspection certificate is issued for the building work; or if the building development approval lapses before a certificate of occupancy or final inspection certificate is issued for the building work—the building development approval lapses; or for conduct relating to building work for which a building development application has been made to which paragraph (a) does not apply, 1 year after— a private certifier is engaged for the application; or if a private certifier is not engaged for the application—the application is received by the local government; or otherwise—1 year after the complainant becomes aware of the conduct. - (a) be in writing; and - (b) contain particulars of the allegations on which it is founded; and - (c) be verified by statutory declaration. - (a) QBCC has asked for further particulars under subsection (3) and the further particulars are not given or are not verified by statutory declaration; or - (b) QBCC is satisfied the complaint— (i) is frivolous or vexatious; or (ii) lacks substance or credibility. - (i) is frivolous or vexatious; or - (ii) lacks substance or credibility. - (i) is frivolous or vexatious; or - (ii) lacks substance or credibility. - (a) for conduct relating to certification of building work the subject of a building development approval, 7 years after— (i) a certificate of occupancy or final inspection certificate is issued for the building work; or (ii) if the building development approval lapses before a certificate of occupancy or final inspection certificate is issued for the building work—the building development approval lapses; or - (i) a certificate of occupancy or final inspection certificate is issued for the building work; or - (ii) if the building development approval lapses before a certificate of occupancy or final inspection certificate is issued for the building work—the building development approval lapses; or - (b) for conduct relating to building work for which a building development application has been made to which paragraph (a) does not apply, 1 year after— (i) a private certifier is engaged for the application; or (ii) if a private certifier is not engaged for the application—the application is received by the local government; or - (i) a private certifier is engaged for the application; or - (ii) if a private certifier is not engaged for the application—the application is received by the local government; or - (c) otherwise—1 year after the complainant becomes aware of the conduct. - (i) a certificate of occupancy or final inspection certificate is issued for the building work; or - (ii) if the building development approval lapses before a certificate of occupancy or final inspection certificate is issued for the building work—the building development approval lapses; or - (i) a private certifier is engaged for the application; or - (ii) if a private certifier is not engaged for the application—the application is received by the local government; or