Why QBCC decided against immediately cancelling the license of a tradie guilty of sex assaults

Internal documents have revealed the real reason why the building regulator delayed taking action against a tradie who had pleaded guilty to multiple sexual assaults.

Queensland Minister for Public Works Mick de Brenni. Picture: NCA NewsWire / Dan Peled

Queensland’s embattled building industry watchdog decided against immediately cancelling the licence of a convicted sex offender earlier this year because he was considered “unlikely’’ to break the law again.

Internal case file notes from the Queensland Building and Construction Commission seen by The Courier Mail also reveal that bureaucrats failed to get a copy of the judge’s sentencing remarks when making the decision.

Instead, they relied on the text of an ABC news article online which quoted the judge saying Townsville tradie William Emanuel Camilleri was not likely to reoffend.

Mr Camilleri pleaded guilty and was convicted in August of eight counts of sexual assault against five women while he was carrying out renovation work in their homes. He was given a 12-month sentence, suspended for three years.

William Emanuel Camilleri

The QBCC documents show the agency became aware of the charges against Mr Camilleri when they were first laid in May 2019.

“The QBCC immediately opened a fit and proper investigation but could not take any action as the Human Rights Act section 32(1) states person (sic) charged with a criminal offence has the right to be presumed innocent until proved guilty according to law,’’ the notes say.

That contradicts subsequent comments from the responsible minister, Mick de Brenni, who blamed two former senior licensing officers for failing to immediately revoke the license right after Camilleri was charged.

“On 11 August 2021 QBCC received verbal advice that Mr Camilleri had been convicted of sexual assault charges. We immediately commenced action, sending Mr Camilleri a Notice of Reasons for Proposed Cancellation or Suspension (NRPCS) of his license,’’ the notes say.

“The QBCC considered an immediate suspension at the time however it was determined that we cannot meet the legislated test for an immediate suspension that we reasonably believe there is a real likelihood that serious harm will occur to the parties identified in Section 49A.’’

The parties referred to in that section of the QBCC Act include consumers, as well as other licensees, employees and suppliers.

“The known offending occurred between 25 May 2016 and 27 March 2019, the QBCC has no evidence to suggest that any offending has occurred after 27 March 2019,’’ the notes say.

“In addition, while we do not have a copy of the sentencing remarks to consider the statement in full, the abc (sic) news article states ‘The judge said Camilleri had no criminal history and was unlikely to reoffend’.

“Based on the above we cannot meet the legislated test for an immediate suspension.’’

Minister for Public Works and Procurement Mick de Brenni

The notes indicate that Mr Camilleri’s solicitors contacted the QBCC and requested an extension of time to respond to the proposed licence cancellation or suspension. They were given until October 6.

When The Courier Mail revealed in late September that Camilleri remained able to work in the industry despite his conviction more than a month earlier, Mr de Brenni responded immediately that “regulatory action to cancel or suspend the license has been commenced and will be rigorously pursued’’.

It still took another two weeks after that comment for the QBCC to finally cancel the license.

Last week, Mr de Brenni announced an independent governance review of the QBCC which will be led by Jim Varghese, a former government department director-general and current Springfield City Group director.

That move followed months of damning claims of improper ministerial and board intervention into regulatory matters. Largely as result of this alleged interference, more than two dozen senior executive have resigned from the QBCC over the past two years.

“There is an awful management culture at QBCC,’’ one of these former executives said.

“They seem to have forgotten that the QBCC exists to protect the community and the honest builders and tradies. What’s worse is that when things do go wrong, they seem to either pretend not to see it or blame others to deflect personal accountability.”

Shadow Minister for Housing and Public Works Tim Mander

Tim Mander, the shadow Minister for Housing and Public Works, said the case “proves the state’s building watchdog is an out-of-touch, rudderless mess’’.

“It beggars belief that the QBCC didn’t do its proper due diligence after such a serious offence was brought to light,’’ Mr Mander said.

“Camilleri’s offences weren’t ‘one off’ … he was convicted of serial sex offences. The risk to the community is too great for him to ever be considered a ‘fit and proper person’ to hold a builder’s licence.

“Instead of checking with the courts, the QBCC did a Google search. This man pleaded guilty to sexually assaulting women in their homes but the QBCC allowed him to continue operating due to a technicality and a Google search.

“The organisation has no genuine leadership and that starts with the Minister.’’

A spokesman for Mr de Brenni declined to comment on Tuesday.

A QBCC spokesman confirmed the licences for both Mr Camilleri and his building company were cancelled on October 7. But he would not elaborate on the decision-making process leading up to that point.

“The QBCC determined that he was not a fit and proper person to hold a contractor’s licence, having regard to his conviction for an indictable offence,’’ he said.