Herrador v Queensland Building and Construction Commission

CITATION: Herrador v Queensland Building and Construction Commission [2014] QCAT 665

PARTIES:	Angel Herrador (Applicant)
v
Queensland Building and Construction Commission (Respondent)

APPLICATION NUMBER: OCR220-13

MATTER TYPE:	Occupational regulation matters
HEARING DATE:	24 July 2014

HEARD AT: Brisbane

DECISION OF: Member Favell

DELIVERED ON: 18 December 2014

DELIVERED AT: Brisbane

ORDERS MADE:

The Tribunal orders that the decision of the Queensland Building Services Authority to refuse the application to be categorised as a Permitted Individual be confirmed.

CATCHWORDS:

Application to be categorised as a permitted individual-refusal-review-S56AD(1)

Queensland Building Services Authority Act 1991 S 56AC, s 56AD (1), (3), (8), (8A), (8D), s 56AF, s 86(1)(j), Part 3 and Part 3A of the Queensland Building Services Authority Act 1991 – s 9(1), s 19, s 20(2),
s 24 QCAT Act –

Shi v Migration Agents Registration Authority (2008) HCA 31 –
Younan v Queensland Building Services Authority [2010] QDC –
Laidlaw v QBSA [2010] QCAT 70 –
Stevens v QBSA [2013] QCAT 4292

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	John Gregg, Gregg Lawyers
RESPONDENT:	Brendan Cole, In House Solicitors QBCC

REASONS FOR DECISION

1. Mr Angel Herrador is a licensed builder who seeks a review of a decision by the Queensland Building Services Authority to refuse to categorise him as a “permitted individual”.

2. On 9 August 2013 the Authority refused to categorise Mr Herrador as a “permitted individual”.[1]

   [1]Queensland Building Services Authority Act 1991 (Qld) s 56AD.

3. On 30 August 2013 Mr Herrador applied to the Tribunal to review the Authority’s decision to refuse to categorise him as a “permitted individual.”

4. Mr Herrador held a licence issued pursuant to the QBSA Act in the following classes:

   (i).Builder/lowrise;

   (ii).Painting and decorating;

   (iii).Roof tiling and wall and floor tiling.

5. He was a director, secretary or influential person of Jar Render Paint and Texture Pty Ltd.

6. On or about 13 June 2013 Rajender Kumar Khatri and Michel John Griffin of Worrells Solvency and Forensic Accountants were appointed liquidators of the company (the event).

7. On 18 June 2013 the BSA sent a notice to Mr Herrador notifying him that:

   (a)BSA considered him to be an excluded individual to be an excluded individual pursuant to section 56AC because of the event;

   (b)the excluded individual was entitled to apply to BSA to be categorised as a “permitted individual” for the event, such application to be in writing in the form approved by the Queensland Building Services Board.

8. On or about 16 July 2013 the BSA received from Mr Herrador a written application made pursuant to section 56AD(1) of the QBSA Act seeking to be categorised as a “permitted individual”.

9. In the application he attributed the main cause of the event to an inability to recover amounts owing. He first became aware of the cause of the events in November 2009. He stated that he received advice on administration and its alternative from an accountant prior to the event.

10. The company had a loan outstanding from Hendon Homes Pty Ltd which was unpaid at the time of its…