Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"accumulate" , for part 3E , see section 67AQ .

"administering authority" , for part 3E , see section 67AQ .

"administration services" , for building work or tribunal work, includes the following—

(a) preparing tender documentation and calling and selecting tenders;

(b) arranging and conducting on-site meetings and inspections;

(c) arranging payment of subcontractors;

(d) arranging for certificates, including certificates from a local government, to be issued;

(e) administration for the work usually carried out by—

(i) a construction manager; or

(ii) a project manager under a project management agreement;

(f) other administration for the work usually carried out by a licensed contractor in the course of the contractor’s business.

(a) the carrying out of a completed building inspection; or

(b) the inspection or investigation of a building, and the provision of advice or a report, for the following—

(i) termite management systems for the building;

(ii) termite infestation in the building.

(a) generally, includes any fixed structure; or

Examples of a fixed structure—

• a fence other than a temporary fence

• a water tank connected to the stormwater system for a building

• an in-ground swimming pool or an above-ground pool fixed to the ground

(b) for part 6AA , see section 74AA ; or

(c) for schedule 1B , see schedule 1B , section 1 .

(a) for part 3E —see section 67AAA ; and

(b) for part 4A —see section 67AAA ; and

(c) for schedule 1 , part 2 —see schedule 1 , section 8 ; and

(d) otherwise—means a contract or other arrangement for carrying out building work in Queensland.

(a) generally, means a person who carries on a business that consists of or includes carrying out building work, and includes a subcontractor who carries out building work for a building contractor; but

(b) for schedule 1B , see schedule 1B , section 1 .

(a) a domestic building dispute; or

(b) a minor commercial building dispute; or

(c) a major commercial building dispute if the parties to the dispute consent to the dispute being heard by the tribunal under section 79 .

(a) generally, means a person for whom tribunal work is to be, is being or has been carried out, but does not include a building contractor for whom tribunal work is carried out by a subcontractor; but

(b) for schedule 1B , see schedule 1B , section 1 .

(a) generally, means a place where building work has been, is being, or is to be, carried out; but

(b) for schedule 1B , see schedule 1B , section 1 .

(a) the erection or construction of a building; or

(b) the renovation, alteration, extension, improvement or repair of a building; or

(c) the provision of lighting, heating, ventilation, air conditioning, water supply, sewerage or drainage in connection with a building; or

(e) any site work (including the construction of retaining structures) related to work of a kind referred to above; or

(f) the preparation of plans or specifications for the performance of building work; or

(fa) contract administration carried out by a person in relation to the construction of a building designed by the person; or

(g) fire protection work; or

(ga) mechanical services work; or

(h) carrying out site testing and classification in preparation for the erection or construction of a building on the site; or

(i) carrying out a completed building inspection; or

(j) the inspection or investigation of a building, and the provision of advice or a report, for the following—

(i) termite management systems for the building;

(ii) termite infestation in the building;

(a) administration services;

(b) advisory services;

(c) management services;

(d) supervisory services.

(a) carry out the work personally;

(b) directly or indirectly cause the work to be carried out;

(c) provide building work services for the work.

(a) a claim or dispute arising between a building owner and a building contractor relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work; or

(b) a claim or dispute arising between 2 or more building contractors relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work; or

(c) a claim or dispute in negligence, nuisance or trespass related to the performance of reviewable commercial work other than a claim for personal injuries; or

(d) a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of reviewable commercial work or a contract for the performance of reviewable commercial work—

(i) an architect;

(ii) an engineer;

(iii) a surveyor;

(iv) a quantity surveyor;

(v) an electrician or an electrical contractor;

(vi) a supplier or manufacturer of materials used in the tribunal work.

(a) a building for which there is no current contract between a building contractor and a consumer because the contract has been completed;

Example—

an existing detached house that has previously been occupied or that has recently been built

(b) a building on which work is not being carried out because the contract under which it was being carried out has been terminated;

Example—

a detached house on which a building contractor has stopped building work in breach of the terms of a contract with a consumer and the consumer has terminated the contract

(c) a building on which work is being, or was, carried out but not under a contract between a building contractor and a consumer.

Example—

a detached house being built by, or that was built by, a building contractor but not under a contract with a particular consumer This is known in the building industry as “a speccy”.

Editor’s note—

Class 1a includes a detached house, a row house, a terrace house, a town house and a villa unit.
Class 10 includes non-habitable buildings such as private garages, carports and sheds.

(a) generally, means a person for whom building work is carried out, but does not include a building contractor for whom building work is carried out by a subcontractor; but

(b) for part 5 , see section 67WA .

(a) preparing tender documentation and calling and selecting tenders;

(b) preparing, or helping the person’s clients with the preparation of, contracts;

(c) preparing additional documentation for the person’s clients or building contractors;

(d) arranging and conducting on-site meetings and inspections;

(e) arranging progress payments;

(f) arranging for certificates, including certificates from a local government, to be issued;

(g) providing advice and help to the person’s clients including during the maintenance period allowed under a contract.

(a) the temperature of recirculated water by bringing the water into contact with fan-forced, or fan-induced, atmospheric air; or

(b) the temperature of water, a refrigerant or other fluid in a pipe or other container by bringing recirculated water and fan-forced, or fan-induced, atmospheric air into contact with the pipe or container.

(a) the preparation of plans or specifications for building work; or

(b) professional advice in relation to building work.

(a) a claim or dispute arising between a building owner and a building contractor relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work; or

(b) a claim or dispute arising between 2 or more building contractors relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work; or

(c) a claim or dispute in negligence, nuisance or trespass related to the performance of reviewable domestic work other than a claim for personal injuries; or

(d) a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of reviewable domestic work or a contract for the performance of reviewable domestic work—

(i) an architect;

(ii) an engineer;

(iii) a surveyor;

(iv) a quantity surveyor;

(v) an electrician or an electrical contractor;

(vi) a supplier or manufacturer of materials used in the tribunal work.

(a) a director or secretary of the company; or

(b) a person who is concerned with, or takes part in, the company’s management, whether or not the person is a director or secretary of the company or the person’s position is given the name of executive officer.

(a) a site investigation; or

(b) a site assessment; or

(c) soil sampling; or

(d) soil collection.

(a) a portable firefighting appliance, including, for example, a wheeled fire-extinguisher, fire hose or portable fire-extinguisher;

(b) a fire hydrant system, with or without a pump;

(c) a fire hose reel system, with or without a pump;

(d) a fire or smoke detection system, heat or smoke alarm or another alarm system or emergency warning and communication system;

(e) a fire suppression system or fire sprinkler system, whether solid-based, liquid-based or gas-based;

(f) a fire door, fire shutter or fire damper assembly;

(g) a fire or smoke wall;

(h) a fire collar;

(i) a fire penetration joint or seal;

(j) emergency lighting.

(a) coordinating the scheduling of the work by building contractors including as agent for another person; and

(b) management for the work usually carried out by—

(i) a construction manager; or

(ii) a project manager under a project management agreement; and

(c) other management for the work usually carried out by a licensed contractor in the course of the contractor’s business.

(a) the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of a mechanical heating or cooling system in a building, that is associated with the heating or cooling of that building and includes the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of—

(i) a valve, regulator, register, pipe, tank, heating or cooling pipe or surface, solid fuel heater, coil or other item that is used in the system; and

(ii) in relation to a cooling tower—a water pipe, valve, pump, automated dosing device or automated bleeding device or any other mechanical component that affects the cooling tower's cooling water flow rate or wastewater disposal; and

(b) the construction, installation, replacement, repair, alteration, maintenance, testing and commissioning of a medical gas system; and

(c) any design work that is—

(i) incidental to, or associated with work mentioned in paragraph (a) ; and

(ii) prescribed by regulation;

(d) gas work regulated under the Petroleum and Gas (Production and Safety) Act 2004 ; or

(e) any treatment of cooling water; or

(f) the connection or disconnection of a system mentioned in paragraph (a) or (b) from a water supply other than disconnection of the system from a water supply at an isolating valve adjacent to a mechanical component of that system; or

(g) design work that is a professional engineering service under the Professional Engineers Act 2002 ; or

(h) manufacturing of pipe or ducting or components manufactured off-site; or

(i) installation of a single head split system; or

(j) installing ductwork and enclosures for air-conditioning, air handling and mechanical ventilation systems; or

(k) any other work prescribed by regulation.

(a) in a reticulation system for the supply or removal of medical gas from the gas source to a wall outlet; and

(b) for patient care, therapeutic, diagnostic purposes or surgical tools.

(a) the death or serious injury or illness of a person; or

(b) an incident that exposes a person to a risk of serious injury or illness.

Example for paragraph (b)—

the collapse or partial collapse of a building

(a) given to a person under an Act prescribed by regulation; and

(b) required by the person to carry out the occupation.

(a) of land generally, means—

(i) for freehold land—the registered owner of the land under the Land Title Act 1994 ; or

(ii) for land held under a statutory lease or licence giving a right to possession of the land—the lessee or licensee; and

(b) of land, for part 3 , division 8 —see also section 43D ; and

(c) of a seized thing under part 9 —see section 103G .

(a) in accordance with the plans and specifications set out in the contract for the work; and

(b) of a standard expected of a competent holder of a contractor’s licence of the relevant class.

(a) for part 4A , see section 67A ; and

(b) for schedule 1B , see schedule 1B , section 1 .

(a) the State, the Commonwealth or a local government, or any of their authorities or agencies;

(b) 1 or more private sector entities.

(a) for part 3E —see section 67AQ ; or

(b) otherwise—means the principal registrar under the Tribunal Act.

(a) an employee of the employing office or of another government entity performing work for the commission under a work performance arrangement; or

(b) an officer or employee of the commission.

(a) for part 7 , division 3 , subdivision 1 , see section 86 ; or

(b) for part 7 , division 3 , subdivision 2 , see section 86E .

(a) immediate treatment as an inpatient in a hospital; or

(b) immediate treatment for—

(i) the amputation of any part of his or her body; or

(ii) a serious head injury; or

(iii) a serious eye injury; or

(iv) a serious burn; or

(v) the separation of his or her skin from an underlying tissue (for example, degloving or scalping); or

(vi) a spinal injury; or

(vii) the loss of a bodily function; or

(viii) serious lacerations; or

(c) medical treatment within 48 hours of exposure to a substance.

(a) field work for soil testing or site classification; or

(b) laboratory testing of soil.

(a) established for the purpose of carrying out a public-private partnership; and

(b) declared by the Treasurer by gazette notice to be a special purpose vehicle for this Act.

(a) for part 7 —means—

(i) a building contractor who carries out tribunal work for another building contractor; or

(ii) a building contractor who carries out tribunal work for another person under a construction management trade contract under section 67B ; and

(b) for schedule 1B , see schedule 1B , section 1 .

(a) the development, implementation and management of a system for the supervision of the work; and

(b) the coordination or management of persons undertaking the supervision of the work; and

(c) the personal supervision of the work; and

(d) any other supervision of building work under this Act.

(a) enter into a contract to carry out the work;

(b) submit a tender to carry out the work;

(c) make an offer to carry out the building work.