| 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) |
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
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.
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”].
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 ...
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…
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- Case
- [2012] QCAT 3
- Decision Date
CaseChat Overview and Summary
The QCAT began by examining the statutory framework governing building service licensees, focusing on the protective intent behind the annual turnover limit. It found that the limit was intended to safeguard the public interest by ensuring that licensees maintained a certain level of financial stability and capacity to perform their duties. Battaglia Industries' failure to seek approval before exceeding the limit demonstrated a disregard for this protective purpose. The tribunal considered various factors, including the licensee's compliance history, the extent of the turnover exceedance, and the potential impact on public safety and confidence in the building services industry. After weighing these factors, the QCAT determined that a financial penalty was the appropriate disciplinary measure.
The QCAT ordered Battaglia Industries to pay $11,000 to the QBSA as a disciplinary sanction, reflecting the seriousness of the breach and its impact on the regulatory framework. Additionally, the tribunal ordered the respondent to pay $250 in costs to the QBSA. This decision underscored the importance of adhering to statutory limits designed to protect public interest and the potential consequences of failing to do so.
Orders
Orders of the court
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.
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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