QBSA v C-View Windows Pty Ltd

CITATION: Queensland Building Services Authority v C-View Windows Pty Ltd [2011] QCAT 211

PARTIES:	Queensland Building Services Authority
v
C-View Windows Pty Ltd

APPLICATION NUMBER:   OCR287-10

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Ron Joachim, Member

DELIVERED ON: 5 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

[1]   That the respondent pay the Queensland Building Services Authority the sum of $8,000.

[2]   That the respondent pay the costs of the Queensland Building Services Authority in the amount of $250.

CATCHWORDS:  Application – disciplinary proceeding

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	No appearance
RESPONDENT:	No appearance

REASONS FOR DECISION

1. An application was received by the Tribunal on 2 November 2010 from the Queensland Building Services Authority.  The respondent is C-View Windows Pty Ltd operating from Burleigh Heads. 

1. The Authority is applying to the Tribunal to conduct a proceeding to decide whether a disciplinary ground is established.  Annexure A to the application outlines the orders sought by the Authority and the particulars of the alleged breaches.

1. The breaches alleged to have occurred are that the respondent has contravened sections 89A and or 89K of the Queensland Building Services Authority Act 1991 in that in the licensed years 2005–2006, 2006–2007, 2007–2008 and 2008–2009 it exceeded its allowable annual turnover by several hundred percent in the first of those three years and twenty percent in 2008–2009 all without first notifying the Authority or obtaining the Authority’s approval.  The Authority alleges that the respondents have breached a condition of its license on 4 occasions.  The financial requirements for licensing policy provides licensees must not exceed their allowable annual turnover by more than ten percent.

1. Section 88 of the Queensland Building Services Authority Act 1991 (the QBSA Act) provides that the Authority may apply to the Tribunal to conduct a proceeding to decide whether proper grounds exist for taking disciplinary action.

1. Section 89A of the QBSA Act provides that proper grounds exist for taking disciplinary action if a licensee contravenes the requirement imposed by the QBSA Act. The penalty the Tribunal may impose by order is a maximum of $100,000. There is no minimum penalty. On 7 February 2011 the Queensland Building Services Authority applied to the Tribunal for a decision/order by consent. This application was heard on 10 February 2011 and resulted in consent orders which were agreed to by the parties. The consent orders essentially were that proper grounds existed for the taking of disciplinary action against the respondent for contravening sections 89A and or 89K of the QBSA Act for the reasons outlined in the Authority’s application.

1. The particulars of the contraventions will be outlined later in more particularity.  It was also ordered by consent that the matters of penalty and costs be determined on the papers not before 1 April 2011 and that the applicant and the respondent provide submissions in respect of both penalty and costs.  These submissions have been received by the Tribunal and the Tribunal has considered both submissions. 

1. C-View…