QBCC Licensing - are you compliant?

As a QBCC license holder, it is important to follow the rules and regulations set out by the QBCC.

Failure to do so can result in a formal warning or fine and in more serious cases, suspension or cancellation of your licence. If your license is suspended or cancelled, your inability to operate may have serious implications for you and those you carry out work for.

How to avoid falling foul of the QBCC

• Comply with your contract
• Maintain your status as a fit and proper person
• Do not lend your license to another person or use another person’s licence number
• Maintain the financial requirements for holding a QBCC license
• Pay annual license fees on time
• Do not perform work outside the scope of your licence
• If you are performing domestic building work ensuring that you administer your contract in accordance with the domestic building contracts provisions set out in section 1B of the QBCC Act.
  

Changes to QBCC Act

You should also be mindful of the following key changes to the QBCC Act that recently came into force as part of the Building Industry Fairness suite of legislative changes.

Many of these key changes relate to the way that retention monies are handled under subcontracts and head contracts (excluding domestic building contracts and contracts exclusively for construction work that is not building work). For example:

• You now must release any retention monies in accordance with the contract or you commit an offence with a maximum penalty of 200 penalty units or 1 years’ imprisonment. The exception is where you have paid money into Court to satisfy a notice of claim under BIF Act or where the amount is in dispute;
• You must give the other party notice (in the approved form on the QBCC website) within 10 business days prior to the end of the defects liability period stating the date the DLP is to end, the amount to be paid to the other party at the end of the DLP and the date the amount is to be paid. Failure to provide this notice is again an offence subject to a maximum penalty of 100 penalty units ($13,055).

What to do if you receive a notice from the QBCC

If the QBCC becomes aware that you have breached your obligations, they may issue you with a penalty notice, or in some circumstances, even try to suspend or cancel your licence.

Should this occur, you will receive a notice outlining the QBCC’s reasons for the proposed cancellation or suspension (called a show cause notice). You will be given twenty-one (21) days to respond.

If you have received a penalty notice, show cause notice, or any other written document from the QBCC outlining their intention to penalise you, or cancel or suspend your licence we strongly recommend that you seek legal advice immediately.

To find out how the experts at Axia Litigation Lawyers can help you in your dealings with the QBCC, please call to arrange a consultation today. At Axia Litigation Lawyers, every move matters.