Berthelsen v Queensland Building and Construction Commission

The applicant, Berthelsen, sought to challenge decisions of the Queensland Building and Construction Commission (QBCC) to cancel his licence as a building practitioner and the licence of a building company he was associated with. The QBCC had determined that Berthelsen was not a fit and proper person to hold a licence, primarily due to the provision of false information regarding his prior criminal convictions and a false declaration as to the accuracy of his licence renewal applications. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with reviewing these decisions.

The central legal issues before the court involved interpreting the meaning of "fit and proper person" as required under the Queensland Building and Construction Commission Act 1991, and assessing the impact of Berthelsen’s false declarations on his fitness and propriety. The court also considered the relevance of his knowledge and honesty in the context of the statutory criteria. This included examining the precedents set in cases like McDonald v Director-General of Social Security and Abebe v Commonwealth, which dealt with similar statutory tests of propriety in other contexts.

The tribunal held that Berthelsen's actions demonstrated a lack of honesty and knowledge, key components of the fit and proper person test. The tribunal found that his deliberate misrepresentations in the licence renewal applications undermined his credibility and reliability, thereby justifying the QBCC's decisions. The tribunal's decision was influenced by the High Court's ruling in Szbel v Minister for Immigration and Multicultural and Indigenous Affairs, which emphasised the importance of honesty in assessments of fitness and propriety. The tribunal confirmed the QBCC's decisions, dismissing Berthelsen's applications for review.

The tribunal made an order dismissing the applications for review and confirmed the QBCC's decisions to cancel Berthelsen's licence and that of the building company.