QLDIn ForceAct
Queensland Building and Construction Commission Act 1991
sec.86FDecisions that are not reviewable decisions
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### sec.86F Decisions that are not reviewable decisions
The following decisions of the commission under this Act are not reviewable decisions under this subdivision—
a decision to recover an amount under section 71 ;
a decision to give a person a direction to rectify or remedy, and any finding by the commission in arriving at the decision if—
28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and
the commission has—
started a disciplinary proceeding against the person under part 6A ; or
served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or
started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;
a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision;
a decision to give information to a health or safety regulator under section 28A .
Also, a decision of the commissioner to issue an infringement notice for an offence against this Act, the Building Act 1975 or the Plumbing and Drainage Act 2018 is not a reviewable decision under this subdivision.
s 86F ins 2014 No. 56 s 62
amd 2014 No. 57 s 43 ; 2017 No. 29 s 16 ; 2018 No. 17 s 197 sch 2
(sec.86F-ssec.1) The following decisions of the commission under this Act are not reviewable decisions under this subdivision— a decision to recover an amount under section 71 ; a decision to give a person a direction to rectify or remedy, and any finding by the commission in arriving at the decision if— 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and the commission has— started a disciplinary proceeding against the person under part 6A ; or served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction; a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision; a decision to give information to a health or safety regulator under section 28A .
(sec.86F-ssec.2) Also, a decision of the commissioner to issue an infringement notice for an offence against this Act, the Building Act 1975 or the Plumbing and Drainage Act 2018 is not a reviewable decision under this subdivision.
- (a) a decision to recover an amount under section 71 ;
- (b) a decision to give a person a direction to rectify or remedy, and any finding by the commission in arriving at the decision if— (i) 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and (ii) the commission has— (A) started a disciplinary proceeding against the person under part 6A ; or (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;
- (i) 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and
- (ii) the commission has— (A) started a disciplinary proceeding against the person under part 6A ; or (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;
- (A) started a disciplinary proceeding against the person under part 6A ; or
- (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or
- (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;
- (c) a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision;
- (d) a decision to give information to a health or safety regulator under section 28A .
- (i) 28 days have elapsed from the date the direction was served on a person and the person has not, within that time, applied to the tribunal for a review of the decision; and
- (ii) the commission has— (A) started a disciplinary proceeding against the person under part 6A ; or (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;
- (A) started a disciplinary proceeding against the person under part 6A ; or
- (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or
- (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;
- (A) started a disciplinary proceeding against the person under part 6A ; or
- (B) served a notice on the person advising a claim under the statutory insurance scheme has been approved in relation to the building work relevant to the direction; or
- (C) started a prosecution, or served an infringement notice, for an offence against section 73 in relation to the direction;