Domestic Maintenance Pty Ltd v Queensland Building Services Authority

Domestic Maintenance Pty Ltd appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT) which dismissed their application for an extension of time to commence proceedings. The QCAT had earlier dismissed the applicant's application to review a decision of the Queensland Building Services Authority (QBSA) that directed the applicant to carry out specified work. The applicant's delay in applying for review was held to be fatal. The applicant's grounds of appeal included the assertion that QCAT should have extended the time for the application for review under section 61 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). The applicant submitted that QCAT should not have dismissed the application for review because QCAT had jurisdiction to extend time and QCAT should have exercised that jurisdiction. The applicant further submitted that the time for application for review should not run until the QBSA had provided the applicant with full reasons for its decision. The appeal was dismissed. The appeal court held that QCAT did not err in concluding that it did not have jurisdiction to extend the time for the application for review. The QCAT Act expressly provided that in the case of inconsistency between an enabling Act and the QCAT Act, the enabling Act would prevail. Here, the QBSA Act expressly prohibited QCAT from reviewing the QBSA's decision if certain conditions were met, and QCAT was bound by those provisions. The appeal court also held that QCAT was correct to conclude that time for the application for review began to run on 27 August 2010. The provision in the QBSA Act setting out the time limit for review did not require the QBSA to provide reasons before time began to run.