Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 71

71 Recovery from licensed contractor etc.

(1) If the commission makes any payment on a claim under the statutory insurance scheme, the commission may recover the amount of the payment, as a debt, from the building contractor by whom the relevant residential construction work was, or was to be, carried out or any other person through whose fault the claim arose.

(2) For subsection (1) —

(a) a building contractor by whom the relevant residential construction work was, or was to be, carried out is taken to include—

(i) a licensed contractor whose licence card is imprinted on the contract for carrying out the work; and

(ii) a licensed contractor whose name, licence number and address are stated on the contract; and

(iii) a licensed contractor whose name is stated on the contract for carrying out the work; and

(iv) a licensed contractor whose name is stated on an insurance notification form for the work; and

(v) a licensed contractor whose licence number is stated on the contract for carrying out the work; and

(vi) a licensed contractor whose licence number is stated on an insurance notification form for the work; and

(vii) a licensed contractor whose PIN was used for putting in place, for the work, insurance under the statutory insurance scheme; and

(viii) a building contractor by whom the work was, or was to be, carried out; and

(ix) a person who, for profit or reward, carried out the work; and

(b) a person through whose fault the claim arose is taken to include a person who performed services for the work if the services were performed without proper care and skill.

(3) The commission is subrogated, to the extent of any payment that the commission has made, or has undertaken to make, to the rights of a person to whom, or for whose benefit, the payment has been, or is to be, made in respect of the matter out of which the insurance claim arose.

(4) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (i) , it is a defence for the licensed contractor to prove that—

(a) the licensed contractor’s licence card was imprinted on the contract for carrying out the work without the licensed contractor’s authority; and

(b) the licensed contractor took all reasonable steps to ensure that the licence card was imprinted on contracts only with the licensed contractor’s authority.

(5) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (ii) , it is a defence for the licensed contractor to prove that—

(a) the licensed contractor’s name, licence number and address were stated on the contract for carrying out the work without the licensed contractor’s authority; and

(b) the licensed contractor took all reasonable steps to ensure that the licensed contractor’s name, licence number and address were stated in contracts only with the licensed contractor’s authority.

(6) In a proceeding brought by the commission under subsection (1) against a licensed contractor mentioned in subsection (2) (a) (iii) , (iv) , (v) , (vi) or (vii) , it is a defence for the licensed contractor to prove—

(a) for a licensed contractor mentioned in subsection (2) (a) (iii) —that the licensed contractor’s name was stated on the contract for carrying out the work without the licensed contractor’s authority; and

(b) for a licensed contractor mentioned in subsection (2) (a) (iv) —that the licensed contractor’s name was stated on the insurance notification form for the work without the licensed contractor’s authority; and

(c) for a licensed contractor mentioned in subsection (2) (a) (v) —that the licensed contractor’s licence number was stated on the contract for carrying out the work without the licensed contractor’s authority; and

(d) for a licensed contractor mentioned in subsection (2) (a) (vi) —that the licensed contractor’s licence number was stated on the insurance notification form for the work without the licensed contractor’s authority; and

(e) for a licensed contractor mentioned in subsection (2) (a) (vii) —

(i) that the licensed contractor’s PIN was used for putting in place, for the work, insurance under the statutory insurance scheme without the licensed contractor’s authority; and

(ii) that the licensed contractor took all reasonable steps to ensure the licensed contractor’s PIN was kept and used in accordance with the commission’s requirements for the keeping and use of the PIN.