QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.86Reviewable decisions
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### sec.86 Reviewable decisions
Each of the following decisions of the commission under this Act is a reviewable decision —
a decision to refuse an application for a licence or a permit;
a decision to refuse an application for renewal of a licence;
a decision to impose or vary a condition of a licence;
a decision to suspend or cancel a licence or permit;
a decision that there are reasonable grounds for concern that a licensee does not satisfy the minimum financial requirements;
a decision to give a direction to rectify or remedy or not to give the direction;
a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;
a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work;
a decision to disallow a claim under the statutory insurance scheme wholly or in part;
a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;
a decision of the commission to take disciplinary action against a person under section 74F ;
a decision under section 50CB to give a person an exclusion notice;
a decision under section 56AF or 56AG that—
a person is an excluded individual or excluded company; or
an individual is still a director or secretary of, or an influential person for, a company;
if the commission gives an individual a notice under section 56AK (3) —
the commission’s decision that the individual is an excluded individual for a relevant event; or
the commission’s decision under section 56AK (2) to publish the individual’s relevant details;
a decision under section 66 or 67 that a person is a convicted company officer;
a decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company;
a decision under section 67AH , 67AI , 67AL or 67AM that an individual is a banned individual for a stated term;
a decision under section 67AN that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company;
a decision under section 67AZF , 67AZJ or 67AZK that an individual is a disqualified individual for a stated term;
a decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company;
a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;
a decision to give a direction under section 74AN ;
a decision not to accept a building product undertaking under part 6AA , division 3 ;
a decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT .
Also, a decision of the commission or commissioner under any of the following provisions is a reviewable decision —
the Building Act 1975 , section 157 , 169 , 177 , 204 , 214K , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY ;
the Building Industry Fairness (Security of Payment) Act 2017 , section 54E ;
the Plumbing and Drainage Act 2018 , section 19 , 29 , 32 , 34 , 38 or 51 ;
section 106J (4) (a) , 106K or 108AI .
Further, a decision of the commissioner relating to the accumulation of demerit points by a pool safety inspector under the Building Act 1975 is a reviewable decision .
In addition, each of the following decisions of an investigator is a reviewable decision —
a decision to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;
a decision to require information or attendance before the investigator under section 105T ;
a decision to give a direction under section 106P or 106Q .
s 86 prev s 86 om 2000 No. 10 s 183 sch 1
pres s 86 ins 2003 No. 30 s 169 sch 1
amd 2007 No. 47 s 63 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 56 s 63 ; 2014 No. 57 s 42 ; 2017 No. 29 s 15 ; 2018 No. 17 s 193A ; 2017 No. 43 s 286 ; 2018 No. 17 s 197 sch 2 ; 2020 No. 24 ss 122 , 133 , 146 ; 2022 No. 11 s 64
(sec.86-ssec.1) Each of the following decisions of the commission under this Act is a reviewable decision — a decision to refuse an application for a licence or a permit; a decision to refuse an application for renewal of a licence; a decision to impose or vary a condition of a licence; a decision to suspend or cancel a licence or permit; a decision that there are reasonable grounds for concern that a licensee does not satisfy the minimum financial requirements; a decision to give a direction to rectify or remedy or not to give the direction; a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard; a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work; a decision to disallow a claim under the statutory insurance scheme wholly or in part; a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme; a decision of the commission to take disciplinary action against a person under section 74F ; a decision under section 50CB to give a person an exclusion notice; a decision under section 56AF or 56AG that— a person is an excluded individual or excluded company; or an individual is still a director or secretary of, or an influential person for, a company; if the commission gives an individual a notice under section 56AK (3) — the commission’s decision that the individual is an excluded individual for a relevant event; or the commission’s decision under section 56AK (2) to publish the individual’s relevant details; a decision under section 66 or 67 that a person is a convicted company officer; a decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company; a decision under section 67AH , 67AI , 67AL or 67AM that an individual is a banned individual for a stated term; a decision under section 67AN that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company; a decision under section 67AZF , 67AZJ or 67AZK that an individual is a disqualified individual for a stated term; a decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company; a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ; a decision to give a direction under section 74AN ; a decision not to accept a building product undertaking under part 6AA , division 3 ; a decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT .
(sec.86-ssec.2) Also, a decision of the commission or commissioner under any of the following provisions is a reviewable decision — the Building Act 1975 , section 157 , 169 , 177 , 204 , 214K , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY ; the Building Industry Fairness (Security of Payment) Act 2017 , section 54E ; the Plumbing and Drainage Act 2018 , section 19 , 29 , 32 , 34 , 38 or 51 ; section 106J (4) (a) , 106K or 108AI .
(sec.86-ssec.3) Further, a decision of the commissioner relating to the accumulation of demerit points by a pool safety inspector under the Building Act 1975 is a reviewable decision .
(sec.86-ssec.4) In addition, each of the following decisions of an investigator is a reviewable decision — a decision to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ; a decision to require information or attendance before the investigator under section 105T ; a decision to give a direction under section 106P or 106Q .
- (a) a decision to refuse an application for a licence or a permit;
- (aa) a decision to refuse an application for renewal of a licence;
- (b) a decision to impose or vary a condition of a licence;
- (c) a decision to suspend or cancel a licence or permit;
- (d) a decision that there are reasonable grounds for concern that a licensee does not satisfy the minimum financial requirements;
- (e) a decision to give a direction to rectify or remedy or not to give the direction;
- (f) a decision that building work undertaken at the direction of the commission is or is not of a satisfactory standard;
- (g) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work;
- (h) a decision to disallow a claim under the statutory insurance scheme wholly or in part;
- (i) a decision that a domestic building contract has been validly terminated having the consequence of allowing a claim for non-completion under the statutory insurance scheme;
- (j) a decision of the commission to take disciplinary action against a person under section 74F ;
- (ja) a decision under section 50CB to give a person an exclusion notice;
- (k) a decision under section 56AF or 56AG that— (i) a person is an excluded individual or excluded company; or (ii) an individual is still a director or secretary of, or an influential person for, a company;
- (i) a person is an excluded individual or excluded company; or
- (ii) an individual is still a director or secretary of, or an influential person for, a company;
- (ka) if the commission gives an individual a notice under section 56AK (3) — (i) the commission’s decision that the individual is an excluded individual for a relevant event; or (ii) the commission’s decision under section 56AK (2) to publish the individual’s relevant details;
- (i) the commission’s decision that the individual is an excluded individual for a relevant event; or
- (ii) the commission’s decision under section 56AK (2) to publish the individual’s relevant details;
- (l) a decision under section 66 or 67 that a person is a convicted company officer;
- (m) a decision under section 67AA that a company that is a licensee has an individual who is a convicted company officer as a director or secretary of, or an influential person or nominee for, the company;
- (n) a decision under section 67AH , 67AI , 67AL or 67AM that an individual is a banned individual for a stated term;
- (o) a decision under section 67AN that a company that is a licensee has an individual who is a banned individual as a director or secretary of, or an influential person or nominee for, the company;
- (p) a decision under section 67AZF , 67AZJ or 67AZK that an individual is a disqualified individual for a stated term;
- (q) a decision under section 67AZL that a company that is a licensee has an individual who is a disqualified individual as a director or secretary of, or an influential person or nominee for, the company;
- (r) a decision to direct a person in the chain of responsibility for a building product to take stated action under section 74AL (5) ;
- (s) a decision to give a direction under section 74AN ;
- (t) a decision not to accept a building product undertaking under part 6AA , division 3 ;
- (u) a decision not to agree to a withdrawal or variation of a building product undertaking under section 74AT .
- (i) a person is an excluded individual or excluded company; or
- (ii) an individual is still a director or secretary of, or an influential person for, a company;
- (i) the commission’s decision that the individual is an excluded individual for a relevant event; or
- (ii) the commission’s decision under section 56AK (2) to publish the individual’s relevant details;
- (a) the Building Act 1975 , section 157 , 169 , 177 , 204 , 214K , 245O , 245Q , 246BJ , 246BP , 246BT , 246BZ or 246CY ;
- (aa) the Building Industry Fairness (Security of Payment) Act 2017 , section 54E ;
- (b) the Plumbing and Drainage Act 2018 , section 19 , 29 , 32 , 34 , 38 or 51 ;
- (c) section 106J (4) (a) , 106K or 108AI .
- (a) a decision to seize a place, part of a place, building, structure or other thing under part 9 , division 6 ;
- (b) a decision to require information or attendance before the investigator under section 105T ;
- (c) a decision to give a direction under section 106P or 106Q .