QBCC report needs to dig deeper, building industry specialist says

An industry specialist says the recently-released report into the QBCC “doesn’t address the majority of concerns in the community” and needs to dig deeper to “break down the perception the watchdog colludes with builders to make things go away”.

A building industry specialist says the recently released report by QBCC reviewer Jim Varghese “didn’t address the majority of concerns in the community” and hadn’t touched important issues.

“Dr Varghese’s report doesn’t move outside a very safe space,” says Len Watt, whose firm Becker Watt specialises in building law.

“It seems Dr Varghese has simply done what he was asked to do . and hasn’t even touched on some.

“From my experience, most stakeholders – builders and homeowners – aren’t happy about the lack of transparency around the interactions with QBCC staff at the coalface.

“For example, there shouldn’t be dialogue between the homeowner and the QBCC, that’s not disclosed to the builder – and the other way round. This might help break down the perception that the watchdog colludes with builders to make things go away.”

QBCC reviewer Dr Jim Varghese. Pic Mark Calleja

Mr Watt called on Public Works Minister Mick de Brenni to “dig deeper” in relation to Dr Varghese’s findings around the watchdog being a “model litigant”.

“Our firm has appeared in the Queensland Civil and Administrative Tribunal (QCAT) on numerous occasions instructed by consumers and building contractors who are willing to take action against the QBCC,” Mr Watt said.

“But we’ve also been approached by other stakeholders who are concerned about coming to the attention of the QBCC because they could be scrutinised and it will end badly. I’ve got one client who’s convinced the QBCC launched a vendetta against him because early on he beat a direction to rectify.”

Public Works Minister Mick de Brenni. NewsWire / Sarah Marshall

Dr Varghese recommended QBCC operational procedures be developed “to reflect model litigant principles and recognise the importance of reconciliation.” He stressed that the QBCC, as a state agency, must “always conduct itself as a model litigant during legal proceedings”.

He noted one submission to his review stating that “as a ‘model litigant’ the QBCC must provide QCAT all relevant information to best assist the member make the correct decision”, while another noted “the QBCC is a far cry from the so-called model litigant it supposedly prides itself to be”.