Review a decision - Building certifiers and contractors

1. Before you apply to QCAT

Building Certifiers and contractors are administered by the Queensland Building and Construction Commission (QBCC).

The primary aim of the QBCC is to protect the public and to regulate the building and construction industry in Queensland.

If you disagree with a decision, QCAT can review various decisions made by the QBCC the regulation of building certifiers and contractors. Reviewable decisions include:

  • a licensing decision;
  • disciplinary action;
  • certain directions about work made by the QBCC; and
  • statutory insurance scheme decisions.

(For full list of reviewable decisions please view the Building Act 1975 and Queensland Building and Construction Commission Act 1991)

Before you apply, there are also certain related decisions that QCAT cannot consider for review.

QCAT cannot review:

  • a decision to recover an amount under section 71 of the Queensland Building and Construction Commission Act 1991;
  • a decision to direct rectification or completion of work and any finding by the commission in arriving at the decision if more than 28 days have passed since the direction; and the commission has either commenced disciplinary action, served a notice advising a claim under the insurance scheme has been approved, or commenced prosecution action or served an infringement notice; or
  • a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete work if more than 28 days have passed since service of the decision and the decision has not been reviewed.

Before you apply to review a decision at QCAT, you must ensure the relevant decision letter or information notice issued to you is included with your application forms. The letter sets out the decision made by the relevant authority and your review rights.


2. Internal review process

You can seek an internal review of your decision. This means the QBCC reviews their decision themselves through an internal review process.

Before applying to QCAT, QBCC internally reviews its decisions. You should consider the instructions set out in the original decision letter issued to you by the QBCC. For more information visit www.qbcc.qld.gov.au.

Please note that there are strict time limits to apply to internally review a decision and any application made to QCAT before or during the QBCC internal review process causes the internal review to lapse. After your decision has been internally reviewed, you can then apply to QCAT if you are still dissatisfied with the QBCC internally reviewed decision.


3. Complete and lodge this form to review a decision

To make an application for a review of a decision, complete and lodge the appropriate application form from the list below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted. When you apply you must ensure the relevant reviewable decision letter issued to you is included with your application forms or the review may be delayed until the letter is provided.


Form 23 - Application to review a decision

The purpose of this form is to ask QCAT to review the decision of the relevant government agency or entity.

PDF File (417.6 KB)

Form 42 - Application to extend or shorten a time limit or for waiver of compliance with procedural requirement

The purpose of this form is to ask QCAT for permission to make your application outside the 28 day or other statutory review timeframe.

PDF File (738.1 KB)
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4. How to lodge your application

When filing an application to review a decision, you are required to file the application and supporting material along with three copies in one of the following ways:

Emailenquiries@qcat.qld.gov.au
In person

Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000

or at any local Magistrates Court 

Mail to

Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

Your application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you to give to the other party. You can also keep a copy for your personal records.


5. Giving your application to the relevant authority

You are required to give a copy of your application and supporting material to the relevant authority named in the application within seven days of receiving the application or as otherwise directed by QCAT.

Visit this page for further information on service requirements.

To prove you have given your application to the other parties, the applicant must complete the affidavit of service for each party and provide a copy to QCAT. You do not need to provide a copy to the other party.

Form 9 - Affidavit of service

The purpose of this form is to prove your application has been served on all other parties. This form must be witnessed by a Justice of the Peace.

PDF File (520.4 KB)

6. What happens next?

Find out what happens after you apply.