McLeod and Queensland Building and Construction Commission

This matter concerned an application by Mr McLeod to the Administrative Appeals Tribunal for a review of decisions made by the Queensland Building and Construction Commission (QBCC). Mr McLeod sought a Queensland Builder - Open Licence based on mutual recognition of his New South Wales Contractor Licence and a New Zealand Licence. The QBCC had initially granted a restricted licence under the Mutual Recognition Act 1992 (Cth) and postponed the application under the Trans-Tasman Mutual Recognition Act 1997 (Cth) due to a lack of equivalent licence classes for his New Zealand licence. Subsequently, the QBCC refused the application under the Trans-Tasman Mutual Recognition Act, stating that his New Zealand licence was not equivalent and equivalence could not be achieved by imposing conditions. Following a review, the QBCC granted a Queensland Builder - Open Licence with conditions.

The primary legal issues before the Tribunal were whether Mr McLeod's New South Wales Licence and New Zealand Licence were equivalent to a Queensland Builder - Open Licence for the purposes of the Mutual Recognition Act and the Trans-Tasman Mutual Recognition Act, respectively. Specifically, the Tribunal had to determine if the activities authorised by his New Zealand Licence were substantially the same as those authorised by a Queensland Builder - Open Licence, and if equivalence could be achieved through the imposition of conditions.

The Tribunal considered the scope of Mr McLeod's New South Wales Licence, which authorised him to contract for residential building work as defined by the Home Building Act 1989 (NSW). It noted that this licence was declared equivalent to a Queensland "Builder - Open Licence – Contractor Grade Restricted to BCA 1a, 2, 4, 10" under the Mutual Recognition (Equivalence of Gaming and Other Occupations) Declaration 2009 (Cth). Regarding his New Zealand Licence, the Tribunal found that by imposing specific conditions on his Queensland Builder - Open Licence, equivalence could be achieved with his New Zealand Site Licence Area of Practice 3, pursuant to section 28 of the Trans-Tasman Mutual Recognition Act 1997 (Cth).

Accordingly, the Tribunal ordered that the QBCC's decision be varied. Mr McLeod was granted a Queensland Builder - Open Licence Class Contractor Grade Restricted to BCA 1a, 2, 4, 10. Additionally, he was granted a Builder - Open Licence Class Builder Grade, subject to the condition that all building work, other than that authorised by the restricted licence, was limited to the provision of supervisory, management, and administration services as defined in the QBCC Act.