Papallo v Queensland Building Services Authority

CITATION: Papallo v Queensland Building Services Authority [2012] QCAT 59

PARTIES:	Mr George Anthony Papallo
v
Queensland Building Services Authority

APPLICATION NUMBER: OCR008-10

MATTER TYPE: General administrative review matters

HEARING DATE: 16 &17 May 2011

HEARD AT: Brisbane

DECISION OF: Mr Mark Plunkett, Member

DELIVERED ON: 14 February 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The Tribunal orders that the decisions of the Queensland Building Services Authority to refuse the application to be categorised as a permitted individual be set aside.

CATCHWORDS:

Applicant to be categorised as a permitted individual – refusal – review

Queensland Building Services Authority Act 1991, s 56AD(1)

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr George Anthony Papallo represented by Mr Luke Fox
RESPONDENT:	Queensland Building Services Authority represented by Ms Jodie Stroud

REASONS FOR DECISION

Introduction

1. This is an application by George Anthony Papallo (the applicant) to the Queensland Civil and Administrative Tribunal (the Tribunal) for a merit review of the decision made by the Queensland Building Services Authority (“the respondent”) under the Queensland Building Services Authority Act 1991 (“the QBSA Act”) to deny the applicant a Building Services Authority contractor or nominee supervisor’s licence, or being in a position to control or influence a BSA-licensed company, for a period of five years.

2. Briefly stated, the QBSA Act is designed to regulate the building industry so as to ensure the maintenance of proper standards in the industry and to achieve a reasonable balance between the interests of building contractors and consumers.

3. One mechanism whereby this legislative objective is sought to be achieved is by the licensing and regulating of builders by the respondent. 

4. The security of payment is of particular statutory concern in the building and construction industry.   

5. The QBSA Act makes provision to prevent people from taking advantage of the laws of bankruptcy, or people associated with a failed company, from holding a BSA contractor or nominee supervisor’s licence, or being in a position to control or influence a BSA-licensed company for a period of five years: ss 56AC, 58. A person involved in two insolvency events faces life exclusion: ss 58; 60; 31A; 99.

6. A person becomes an “excluded individual” if the individual becomes bankrupt or otherwise takes advantage of bankruptcy laws by entering into a Part IX agreement, or Part X arrangement, or agreement under the Bankruptcy Act 1966 (Cth) (each of these is a “relevant event”), or is a director, secretary or influential person of a company at any time up to a year before the company has a provisional liquidator, liquidator, administrator or controller appointed, or is wound up or ordered to be wound up (each of these is a “relevant event”): s 56AC.

7. An influential person for a company means “an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the conduct of the company’s affairs, including, for example a shareholder with a significant shareholding, a financier or senior employee”: see Schedule 2, Dictionary.

8. Relevantly, however…