QBSA v Battaglia Industries Pty Ltd

CITATION: Queensland Building Services Authority v Battaglia Industries Pty Ltd [2012] QCAT 3

PARTIES:	Queensland Building Services Authority
v
Battaglia Industries Pty Ltd

APPLICATION NUMBER:   OCR119-11  

MATTER TYPE: Occupational regulation matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane

DECISION OF: Dr J R Forbes, Member

DELIVERED ON: 4 January 2012

DELIVERED AT:      Brisbane

ORDERS MADE:

1     That by way of disciplinary sanction the Respondent pay the sum of eleven thousand dollars ($11,000) to the Queensland Building Services Authority within sixty (60) days of service of this order upon it.

2     That the Respondent pay the further sum of two hundred and fifty dollars ($250) to the said Authority, by way of costs.

CATCHWORDS:

Licensee exceeding allowable annual turnover without authority of Board – protective purpose of statutory limit – appropriate sanction

Queensland Building Services Authority Act 1991, ss 9A, 35, 88, 89(a), 89(k), 91(3)(b)
Queensland Civil and Administrative Tribunal Act 2009, ss 6, 9, 10, 32, 102

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. In this disciplinary proceeding the following consent orders are sought:

(i)That proper grounds exist for taking disciplinary action against the Respondent, in that it contravened sections 89(a) and/or 89(k) of the Queensland Building Services Authority Act 1991 in that, during its 2007-2008 licence year it exceeded its Allowable Annual Turnover by one million, ninety-three thousand, four hundred and eight dollars ($1,093,408) or 364.5% without first notifying the Queensland Building Services Authority [“QBSA”] or obtaining the QBSA’s approval.

(ii)That proper grounds exist for taking disciplinary action against the Respondent, in that it contravened sections 89(a) and/or 89(k) of the Queensland Building Services Authority Act 1991 in that, during its 2008-2009 licence year it exceeded its Allowable Annual Turnover by two million, eighteen thousand and nine dollars ($2,018,009) or 143.99% without first notifying the QBSA or obtaining the QBSA’s approval.

(iii)That the matters of penalty and costs be determined by the Tribunal on the papers.

1. Appropriate jurisdiction is conferred on this Tribunal by sections 6, 9, 10, and 102 of the QCAT Act, and sections 88 and 91(3)(b) of the Queensland Building Services Authority Act 1991 [“BSA Act”].

1. Section 89 of the BSA Act provides, so far as is now material:

For section 88, proper grounds exist for taking disciplinary action against a licensee if--

(a) the licensee contravenes a requirement imposed under this Act ...  

1. At all material times the Respondent was a licensee under the BSA Act.  It is an automatic condition of such a licence (a) [that] the licensee's financial circumstances must at all times satisfy the relevant financial requirements stated in the board's policies; and (b) [that] variations of the contractor's turnover[1] and assets must be notified, or notified and approved, in accordance with the relevant financial requirements stated in the board's policies.[2]  The purpose of those requirements is protective, namely to prevent licensees…