Jensen v Queensland Building and Construction Commission

Jensen sought to challenge a decision of the Queensland Building and Construction Commission (QBCC) that refused to categorise him as a “permitted individual” under the Queensland Building Services Authority Act 1991. The application for review was initially made but subsequently withdrawn. After the enabling Act was amended, Jensen sought leave to make a further application for review and an extension of time to do so, which was opposed by the QBCC. The Queensland Civil and Administrative Tribunal (QCAT) was asked to determine whether it should grant leave for the further application under section 46(3) of the Queensland Civil and Administrative Tribunal Act 2009 and an extension of time under section 61 of the same Act.

The primary legal issues before the QCAT were whether it should grant leave to make a further application for review under section 46(3) of the QCAT Act, and whether it should grant an extension of time to make a further application for review under section 61 of the QCAT Act. Additionally, the Tribunal needed to consider which version of the enabling Act applied at the time of the review, given that the Act had been amended since the original decision.

The QCAT held that it should not grant leave to make a further application for review as the application did not meet the criteria for leave under section 46(3) of the QCAT Act. The Tribunal found that there were no new or significantly different matters to be considered that would justify the making of a further application. Furthermore, the QCAT determined that an extension of time should not be granted under section 61 of the QCAT Act, as Jensen had not demonstrated any sufficient reason for the delay in making the application. The Tribunal also found that the version of the enabling Act in force at the time of the original decision applied to the review of that decision.

In light of the above, the QCAT refused Jensen’s application for leave to make a further application for review and his application for an extension of time. The orders made by the QCAT were that the application for leave to make a further application for review pursuant to section 46 of the QCAT Act was refused, and the application for an extension of time under section 61 of the QCAT Act was also refused.