Baker v Queensland Building Services Authority

CITATION: Baker v Queensland Building Services Authority [2013] QCAT 175

PARTIES:	Mr Alan Baker (Applicant)
v
Queensland Building Services Authority (Respondent)

APPLICATION NUMBER: OCR096-12

MATTER TYPE: Occupational regulation matter

HEARING DATE: 22 October 2012

HEARD AT: Brisbane

DECISION OF: Ann Fitzpatrick, Member

DELIVERED ON: 17 April 2013

DELIVERED AT: Brisbane

ORDERS MADE: The decision of the Queensland Building Services Authority to refuse to categorise the applicant as a permitted individual be confirmed.

CATCHWORDS:

PERMITTED INDIVIDUAL

Queensland Building Services Authority Act 1991, s 56AD

Younan v Queensland Building Services Authority [2010] QDC 158
Younan v Queensland Building Services Authority [2011] QCA 1

APPEARANCES and REPRESENTATION (if any):

Applicant: Self represented

Respondent: Queensland Building Services Authority represented by Mr Malcolm Robinson of Robinson Locke Litigation Lawyers Pty Ltd

REASONS FOR DECISION

1. By notice dated 3 November 2010 the respondent Queensland Building Service Authority (QBSA), informed the applicant, Mr Baker, that the QBSA considered him to be an “excluded individual” pursuant to s 56AC of the Queensland Building Services Authority Act 1991 (QBSA Act) as a result of him entering into bankruptcy on 7 September 2009. The effect of Mr Baker being an excluded individual is that he cannot for a period of five years from the date of his bankruptcy hold a licence as a contractor in the class of Plastering Drywall, which he had previously held.

2. Mr Baker applied to the QBSA on 25 November 2010 to be categorised as a Permitted Individual pursuant to s 56AD(1) of the QBSA Act.

3. This is an application to review a decision of the QBSA to refuse to categorise Mr Baker as a “Permitted Individual” for a “relevant event” within the meaning of s 56AD of the QBSA Act.

4. The application is made pursuant to s 86(1)(j) and s 87 of the QBSA Act and relies on the powers of this Tribunal pursuant to s 24(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) to set aside the decision and substitute its own decision that Mr Baker be categorised as a permitted individual. 

5. Under s 20 of the QCAT Act the Tribunal must hear and decide a review of a reviewable decision by way of a fresh hearing on the merits. This Tribunal must be satisfied on the material before it that the test in s 56AD(8) of the QBSA Act is satisfied before it sets aside the QBSA’s decision and substitutes its own.

The Evidence

1. At the hearing of this matter Mr Baker gave evidence.  He relied upon his application filed in this Tribunal on 29 March 2012.  He filed no other material.

2. The QBSA relied upon the affidavit of Ms M Lockton, Senior Compliance Officer, sworn 14 June 2012.  Ms Lockton reviewed and processed Mr Baker’s Permitted Individual Application.

3. It also referred to the bundles of documents filed by it which included the QBSA’s statement of reasons for refusing Mr Baker’s application, dated 14 February 2012.

The Law

1. Section 56AD of the QBSA Act