| CITATION: | Orenshaw v Queensland Building Services Authority [2012] QCAT 79 |
| PARTIES: | Wayne Frances Orenshaw (Applicant/Appellant) |
| v | |
| Queensland Building Services Authority (Respondent) |
| APPLICATION NUMBER: | GAR338-11 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Kate Buxton, Member |
| DELIVERED ON: | 24 February 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Application to extend time dismissed. 2. Application to review a decision dismissed. |
| CATCHWORDS: | Building dispute – where Authority issued scope of works – where home owner’s application to review filed outside 28 day period – application to extend time – whether Tribunal has jurisdiction to review decision Queensland Building Services Authority Act 1991, ss 86(1)(g) and (2)(c) Smith v QBSA [2010] QCAT 448 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).
REASONS FOR DECISION
Mr Orenshaw is a homeowner who has, by application filed 2 November 2011, sought review of a decision of the Queensland Building Services Authority (the “BSA”) made on 1 August 2011 and 19 August 2011 (“the decisions”).
The decisions relate to the scope of works to be undertaken under the statutory insurance scheme created under the Queensland Building Services Authority Act 1991 (“the QBSA Act”). Such decision is, prima face, reviewable by QCAT subject to the terms of the QBSA Act which I will set out in detail below insofar as they relate to this application.
Mr Orenshaw’s application to review was filed in QCAT after more than 28 days had expired from the making of the decisions. This Tribunal must therefore consider Mr Orenshaw’s application to extend time for filing of the application for review.
Section 86 of the QBSA Act sets out the scope of QCAT’s review jurisdiction in respect of the BSA’s decisions. Relevantly, this section provides:
86 Reviewable decisions
(1) The tribunal may review the following decisions of the authority—
…
(g)a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work;
…
(2) The tribunal must not review the following decisions of the authority—
…
(c)a decision about the scope of works to be undertaken under the statutory insurance scheme to rectify or complete tribunal work if 28 days have elapsed since the decision was served on the building contractor and the contractor has not, within that time, applied to the tribunal for a review of the decision.
Mr Orenshaw’s application to extend time seeks to enliven the Tribunal’s jurisdiction under section 61(1)(a) of the QCAT Act which permits the Tribunal to extend a time limit fixed for the start of proceedings, including under an enabling Act such as the QBSA Act. That provision allows for relief from procedural requirements. In order to be…
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- Case
- [2012] QCAT 79
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was whether it had the jurisdiction to review the QBSA's decision to issue the scope of works, given that the homeowner's application to review was filed beyond the statutory 28-day period. A secondary issue was whether the Tribunal could grant an extension of time for the homeowner's application to review. The Tribunal had to consider relevant statutory provisions, case law, and principles of administrative law in reaching its decision.
The Tribunal held that it did not have the jurisdiction to review the QBSA's decision as the homeowner's application was filed outside the 28-day period stipulated by the Building Act. The Tribunal emphasised that the statutory timeframe was mandatory and jurisdictional, meaning that the Tribunal could not extend the time for the application to review. The Tribunal also dismissed the application to extend time, as it found that there were no exceptional circumstances warranting an extension. Consequently, both the application to extend time and the application to review the QBSA's decision were dismissed.
The final orders of the Tribunal were clear and straightforward. The application to extend the time for the homeowner's application to review was dismissed. Additionally, the application to review the QBSA's decision to issue the scope of works was also dismissed due to the late filing and the lack of jurisdiction to review it. These decisions underscored the importance of adhering to statutory timeframes in administrative law and the limited circumstances under which a Tribunal may grant an extension of time.
Orders
Orders of the court
1. Application to extend time dismissed.
2. Application to review a decision dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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