1. Before you apply to QCAT
If you wish to make a complaint against a builder, please contact the Queensland Building and Construction Commission (QBCC).
If you wish to review a QBCC disciplinary or licensing decision related to building certifiers, contractors or licensing and compliance please click here.
QCAT can review decisions made by the QBCC. Reviewable decisions include:
- certain directions about work made by the QBCC, such as rectification of work and insurance claims for domestic building work
- statutory insurance scheme decisions
- validity of domestic building contracts
- adjudication registrar decisions
(For full list of reviewable decisions please view the Queensland Building and Construction Commission Act 1991)
QCAT does not have power to review:
- a decision to recover an amount from a licensed contractor paid out under the QBCC statutory insurance scheme under section 71 of the QBCC Act 1991
- a decision to direct rectification or completion of work and any finding by QBCC, if more than 28 days have passed since the direction and QBCC has either:
- commenced disciplinary action
- served a notice advising a claim under the insurance scheme has been approved
- commenced prosecution action
- served an infringement notice
- 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
- the decision has not been reviewed
- an adjudicator decision made under the Building Industry Fairness (Security of Payment) Act 2017
- the Department of Housing and Public Works' Development Tribunals review of local councils' and private building certifiers' decisions
Before you apply to review a decision, you must ensure the relevant decision letter issued to you is included with your application forms. The letter sets out the decision made and your review rights. A separate application must be filed for each decision sought to be reviewed.
For more information on the guided process related to review of QBCC decisions please see Practice Direction 9 of 2022 - Applications for review of decisions made by the Queensland Building and Construction Commission.
2. Internal review process
Government agencies can internally review your decision. This means the government agency 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 from the government agency. For more information visit www.qbcc.qld.gov.au.
Please note that strict time limits 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 is internally reviewed, you can then apply to QCAT if you are still unhappy with the QBCC internally reviewed decision.
3. If your application is urgent
If you believe your application is urgent and wish to have the original decision placed on hold, you can apply to QCAT to ‘stay’ the decision. A stay order postpones the original decision until after the review decision has been made.
Depending on the type of reviewable decision, you must be prepared that QCAT may not grant a stay in the case.
If you apply to QCAT to stay a decision during QBCC’s internal review, you must pay the appropriate fee.
If you apply to QCAT to stay a decision after QBCC’s internal review process you are not required to pay a fee.
You must ensure you clearly set out why a stay order should be granted with supporting evidence. The relevant stay application form is found below.
4. Complete and lodge this form
To apply 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.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
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.
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.
Form 44 - Application to stay a decision
The purpose of this form is to ask QCAT to place the original or internally reviewed decision on hold until such time as the review has been conducted.
5. 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:
Queensland Civil and Administrative Tribunal
or at any local Magistrates Court
Queensland Civil and Administrative Tribunal
Your application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this is done, sealed copies of your application are sent back to you to give to the other party. You can also keep a copy for your personal records.
6. Giving your application to the government agency
You are required to give a copy of your application and supporting material to the relevant government agency named in the application within seven days of receiving the application or as otherwise directed by QCAT.
The preferred method of giving the Commission a copy of the initiating application is by email at QBCC.LegalBranch@qbcc.qld.gov.au.
If a party cannot give the application by email, then the method of giving the Commission the application is by post to: QBCC Legal Branch GPO Box 5099 Brisbane Qld 4001
Visit this page for further information on service requirements.
To prove you have given your application to the government agency, the applicant must complete the affidavit of service for each party and provide a copy to QCAT.
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.
7. What happens next?
Find out what happens after you apply.