JM Kelly (Project Builders) Pty Ltd v Queensland Building Services Authority

JM Kelly (Project Builders) Pty Ltd brought an application to the Queensland Civil and Administrative Tribunal (QCAT) seeking a review of a direction to rectify issued by the Queensland Building Services Authority (QBSA). JM Kelly also filed an application for miscellaneous matters challenging QCAT’s jurisdiction to hear and determine the substantive application. The primary issue before the Deputy President was whether QCAT had jurisdiction to hear and determine the substantive application. JM Kelly argued that the directions to rectify were issued without jurisdiction and that, consequently, QCAT lacked jurisdiction to review the decisions to issue those directions. JM Kelly submitted that the exercise of the QBSA’s power under s 72 of the Queensland Building Services Authority Act 2002 (Qld) is conditioned upon the existence of certain jurisdictional facts. If those jurisdictional facts do not exist, then it says the QBSA had no jurisdiction to issue a direction to rectify under s 72. The Deputy President rejected JM Kelly’s submission that it is obliged to determine whether or not the relevant direction to rectify was within jurisdiction. The Deputy President concluded that QCAT has jurisdiction to hear and determine the substantive application. The application for miscellaneous matters filed by JM Kelly on 9 October 2012 was dismissed.