Neller v Queensland Building and Construction Commission

Luke Edward Neller applied to the Tribunal for review of a decision of the Queensland Building and Construction Commission that he had engaged in unsatisfactory conduct as a building certifier. The Commission had decided that Mr Neller’s conduct had caused or may have caused significant financial loss or other serious harm, a matter which permitted the Commission to accept a complaint made after the cut-off date for such complaints. The Tribunal was required to determine whether the Commission’s decision was correct. The Tribunal found that Mr Neller’s conduct had a sufficient causal connection to the risk of serious harm, and therefore that the complaint was validly made. The Tribunal upheld the Commission’s decision.
The Tribunal directed that the requirements of s 190(2A) of the Building Act 1975 (Qld) are met.