QBCC defect works could be deemed unlawful due to embarrassing legislative bungle

A legislative oversight has forced the Queensland construction watchdog to immediately halt all defect works because they may be deemed unlawful, and it could have ramifications for all defect works carried out since November 2019.

An embarrassing legislative bungle has forced the Queensland Building and Construction Commission to halt all defect works because they may be deemed unlawful.

It means works undertaken by the QBCC since November, 2019, may not be lawful in the eyes of the court.

Public Works Minister Mick de Brenni will rush through new legislation as soon as possible to ensure the defective work is legal.

It’s just another example of a statutory body in crisis, critics say.

All Directions to Rectify (DTR) issued by the QBCC “could be construed as unlawful due to a timeframe not being prescribed in the QBCC regulation’’.

In an email to staff late on Wednesday, interim Commissioner Richard Cassidy said staff were no longer to issue statutory notices.

It’s estimated there are hundreds of DTRs issued unlawfully, not to mention the associated demerit points and fines that go into the QBCC coffers when the DTR or any other fine is not complied with.

In the email, Mr Cassidy says: “As some of you may be aware, we’ve identified an issue relating to Directions to Rectify and some regulatory action surrounding this.

Queensland Public Works Minister Mick de Brenni will rush through new legislation as soon as possible to ensure the defective work is legal. Picture: NCA NewsWire / Dan Peled

“The issue relates to timeframes prescribed in regulation, and while we have been operating as per the intent of the QBCC Act, it’s evident that more clarity is needed in the legislation.

“As a result, I have made the decision to temporarily pause issuing Directions to Rectify.

“The majority of you shouldn’t be impacted by this, and the QBCC will continue its important work as the regulator, administering the licensing system, the Queensland Home Warranty Scheme, dispute resolution services, and functions around non-conforming building products and minimum financial requirements.

“Homeowners can still raise a complaint to the QBCC, the complaint will be investigated, site inspections may be undertaken and discussions will be had with both the homeowner and the licensee. We have activated the Complex Case Management Team as a point of escalation

for homeowners or licensees who contact us with questions.

“The Queensland Government has advised it is contemplating the appropriate legislative and regulatory changes to resolve this as a matter of priority. Today, I met with industry leaders at the Ministerial Construction Council; you can read the Communique from the meeting in the attachment above.

“If you have any queries, please feel free to chat with your line manager, and escalate it to your SLT if you require further information.’’

A spokesman for Minister De Brenni said it was a QBCC matter and could not comment further.