Revealed: QBCC investigation kicked off by ‘ministerial intervention’

A senior QBCC exec wrote an internal briefing note on how to manage the controversial Kirra Vista-Groupline imbroglio, saying that it had been triggered by “ministerial intervention’’.

A senior Queensland Building and Construction Commission (QBCC) executive wrote an internal briefing note on how to manage the controversial Kirra Vista-Groupline imbroglio, saying that it had been triggered by “ministerial intervention’’.

In state parliament on Wednesday, the minister at the centre of the Kirra Vista controversy, Mick de Brenni, said there had never been any ministerial intervention in QBCC matters.

Mr de Brenni was backed by Premier Annastacia Palaszczuk, who said he had done nothing wrong.

A rowdy parliamentary question time was dominated by calls for frontbenchers from both sides of politics to resign.

The Opposition peppered Public Works Minister Mr de Brenni with questions, demanding he explain his ­contact with the QBCC and whether he influenced the Gold Coast development.

LNP backbencher James Lister shouted across the chamber for the minister to “resign”.

Mr de Brenni said a neighbouring property owner raised concerns with his office, but denied suggestions that 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.

Public Works Minister Mick De Brenni. Picture: NCA NewsWire / Dan Peled

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

QBCC acting director of technical services Greg Matthews, in correspondence to another senior executive, deputy commissioner Yvonne Pengilly, dated November 7 2019, wrote a “hot issue brief’’ (HIB) outlining the issue, what actions had been taken and possible future steps.

Under “stakeholder involvement’’, with the document approved by then-Commissioner Brett Bassett, Mr Matthews said: “There is a risk that the issue may draw media attention and/or that the QBCC will be questioned as to their actions (or perceived inaction) in relation to the ongoing issues at the building.

“The initial investigation commencing September 6, 2019, was triggered as a result of ministerial intervention.’’

On November 13, another HIB, again approved by Mr Bassett, was sent to a number of key people, including Mr de Brenni’s senior staff.

Under “stakeholder involvement’’, the reference to ministerial intervention was ­removed.

Instead they agreed to a “co-ordinated approach to managing the issues of ­concern’’.

The HIBs have been obtained under Right to Information laws.

A QBCC HIB obtained under Right to Information laws.

According to the HIB, it also emerged that the Gold Coast City Council had issued a “show cause’’ to the Kirra Vista body corporate on November 1, 2019, six days before its chairwoman Toni Bowler met with Mr de Brenni on September 6, 2019. The “show cause” was issued “on the basis that the building is in a dilapidated condition’’.

The QBCC issued a “show cause” to builder Groupline, which was building a unit complex next door to Kirra Vista, known as Maya.

It then revoked its licence.

Supreme Court judge Peter Flanagan ruled against the QBCC, finding it had “acted beyond its powers’’ in imposing restrictions on Groupline.

The QBCC appealed the decision to the Court of ­Appeal, which dismissed its appeal with costs against the QBCC.

Groupline senior project manager Scott Widdicombe said on Wednesday that his company would be lodging a civil claim against the QBCC for compensation.

Mr Widdicombe called for an inquiry into the so-called Groupline affair.

“They nearly ruined us,’’ he said.

Mr de Brenni said on Wednesday night that “operational decisions are a matter for the QBCC Commissioner”.

“I have not, and no-one in my office has, interfered in this matter or any other ­matter before the QBCC at any time,” he said.

“In relation to this matter, a neighbouring property owner did raise safety concerns with me during an unrelated meeting.

“Those concerns were passed on to the building regulator. When significant safety concerns are brought forward, it is the responsibility of everyone to bring this to the attention of the regulator.

“To do any less would ­simply be reckless,” Mr de Brenni said.

“At no point did I or my ­office direct or instruct the independent regulator on this matter.

“Updates were provided to my office, as is the normal course of business.”

Mr Bassett did not respond to a request for comment.