Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 86

86 Reviewable decisions

(1) Each of the following decisions of the commission under this Act is a
"reviewable decision" —

(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;

(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;

(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 .

(2) Also, a decision of the commission or commissioner under any of the following provisions is a
"reviewable decision" —

(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 .

(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" .

(4) In addition, each of the following decisions of an investigator is a
"reviewable decision" —

(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 .