Mick de Brenni linked to QBCC’s abortive multimillion-dollar court action

State minister Mick de Brenni has denied reports he interfered in decisions made by the building watchdog that led to a failed bid to prosecute a Gold Coast company.

Public Works Minister Mick de Brenni has denied reports he and his office interfered with operational decisions made by the Queensland Building and Construction Commission.

An explosive series of emails between former QBCC commissioner Brett Bassett and the Mr de Brenni has revealed the constituent complaint that led to the QBCC’s decision to launch a failed prosecution against a Gold Coast building company.

The email trail, obtained by The Courier-Mail, emerged as former senior staff and whistleblowers allege widespread interference within the trouble-plagued Queensland Building and Construction Commission.

The toxic and dysfunctional culture has sparked an exodus of senior executives over the past two years, with at least a dozen departing.

Multiple whistleblowers – none of whom would go on the record for fear of retribution – have portrayed a statutory body in crisis.

Mr de Brenni said a neighbouring property owner raised concerns with his office, but denied suggestions decisions of the statutory QBCC body were influenced by his office.

“When significant safety concerns are brought forward it is the responsibility of everyone to bring them forward,” he said.

Mr de Brenni said “at no point” did he or anyone in his office pressure the QBCC.

The explosive allegations follow the QBCC’s decision to spend millions of dollars in court to unsuccessfully prosecute Gold Coast company Groupline, with a judge finding they had acted outside their statutory authority.

Mr de Brenni last night responded to a series of questions about the accusations, saying: “Operational decisions are a matter for the commissioner.’’

A spokesman for the QBCC said: “Regulatory decisions taken by the QBCC are made in accordance with the law.”

Groupline is a third-generation small building company that had begun building an eight-level, 16-unit block, Maya, at Kirra Beach on the Gold Coast in 2019.

The QBCC took its court action all the way to the Court of Appeal, which found in Groupline’s favour and ordered that the QBCC pay costs.

The court said that in prosecuting Groupline the QBCC had “betrayed another erroneous understanding by the QBCC of its powers’’.

Public Works Minister Mick de Brenni

Supreme Court judge Peter Flanagan was the first to raise questions on the QBCC and the Groupline project.

Last year, he ruled six of the seven conditions placed on Groupline by the QBCC over its Kirra development were invalid and imposed unlawfully.

Judge Flanagan found the QBCC had “acted beyond its powers’’ in imposing restrictions on Groupline Constructions.

When the QBCC appealed against Judge Flanagan’s decision, the building ­regulator lost again.

Court of Appeal judges Hugh Fraser, Phillip McMurdo and Thomas Bradley upheld the decision and ordered the QBCC to pay costs. On September 6, 2019, in Mr de Brenni’s parliamentary diary, the minister, whose jurisdiction includes the QBCC, met with Kirra Vista body corporate chairwoman Toni Bowler, who lived next door to the Groupline project at Kirra Vista apartments.

In the first email from Mr Bassett to senior QBCC executive Bruce Graydon, dated September 6, 2019, at 6.40pm – the day Mr de Brenni met with Ms Bowler – he says: “As discussed, I received a call from the MO (Minister’s office) this afternoon.

“In short, representations have been made by an occupant of Kirra Vista apartments that, as a result of some building works next door, cracks have started to appear in the building.

“If there is a need to engage with local council, feel free to do so. Greg, thanks for doing this. Please take this email as approval for overtime.

“The owner’s details are Toni Bowler.

“Please make contact tomorrow morning to arrange a time for inspection.’’

QBCC commissioner Brett Bassett

On September 9, Mr Bassett issued a show-cause notice to Groupline saying he was satisfied the company was carrying out building work in contravention of the building code.

On September 19, a stop-work notice was issued by the QBCC. On November 13, Groupline’s building licence was cancelled.

An email dated Saturday, September 21, was sent from Mr Bassett to Ravi Chandra and Melissa Hallam, both from Mr de Brenni’s office.

Mr Chandra was the-then chief of staff for Mr de Brenni and Ms Hallam is currently his chief of staff and was a senior policy adviser attached to his office.

Mr Bassett, in the email, says he provides “an update on the status of Kirra Vista stop work’’. Mr Bassett lists a litany of dramas at the site, and says video footage has been obtained, suggesting the QBCC instruct lawyers to consider legal options.

That email was not included in any documentation provided to an extensive RTI request from then Opposition housing spokesman Michael Hart.

Groupline halted works immediately and commissioned a structural report on Kirra Vista.

It then redesigned Maya to accommodate the ageing and poorly constructed Kirra Vista units, at its own cost, delaying the Maya construction period. On December 18, 2019, the Supreme Court ruled the QBCC acted outside its legal jurisdiction by cancelling the licence, and work started almost immediately again on the Maya site.

The QBCC appealed against this decision and on November 10 last year the Court of Appeal dismissed the QBCC’s final appeal.

The Maya Kirra Beach high-rise (left) next door to Kirra Vista on the Gold Coast. Picture Glenn Hampson

In an estimates hearing earlier this year, Mr de Brenni was asked by his opposition counterpart, Tim Mander, if there had been any ministerial interventions with QBCC matters.

“I do not intervene in any decisions of the commission,’’ Mr de Brenni said.

Mr Mander asked had he or his staff intervened in decisions of the QBCC.

“The answer is ‘no’,’’ said Mr de Brenni.

“I can categorically assure the committee that operational decisions of the commission are a matter for its officers.

“Neither the board nor my office, nor anyone else, has involvement in those matters.’’

“In respect of individual cases, there is no role for anybody on the board of the commission or myself or my office in any circumstance.’’

Mr Bassett also gave an assurance at the estimates hearing that he had no direct involvement on operational matters with the minister or his office.

Mr Bassett told estimates that he had never been directed to take certain action by the minister or his staff.

A whistleblower, who was a former QBCC senior executive, also criticised its approach to the Groupline row, saying they had been excluded from providing advice.

“A paper being presented to the May (2020) reg and res meeting on Groupline that did not incorporate my views or those of employee X, and I was then criticised by the board committee members for disagreeing with colleagues after the commissioner had advised he wanted our views discussed before the committee,’’ the person said in an email to an internal review.

“Board members have taken direct interest in regulatory matters. I believe my indepen­dence in matters raised by board members where they have an interest in the outcome and board members’ unhappiness with regulatory determinations contrary to their ex­pectations have caused, at least in part, the board to consider a lack of confidence in me.’’

Mr Bassett was contacted for comment.