Queensland Building Tribunal Act 2000 (Qld)

QUEENSLAND BUILDING TRIBUNAL ACT 2000

Queensland QUEENSLAND BUILDING TRIBUNAL ACT 2000 Reprinted as in force on 8 May 2002 (includes amendments up to Act No. 13 of 2002) Reprint No. 1B This reprint is prepared by the Ofﬁce of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 8 May 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is speciﬁc to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland QUEENSLAND BUILDING TRIBUNAL ACT 2000 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Division 1—Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—Operation of Act 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Objects of Act 4 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 How objects are to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 4—Interpretation 6 Deﬁnitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Meaning of “building work” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Carrying out building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 2—ESTABLISHMENT AND MEMBERSHIP OF TRIBUNAL 9 Establishment of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Tribunal’s seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Appointment of chairperson and membership of tribunal. . . . . . . . . . . . . . . 14 12 Terms and conditions of member’s appointment . . . . . . . . . . . . . . . . . . . . . 14 13 Chairperson to direct business of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Delegation of powers by chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 15 Appointment of deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 16 Resignation of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 17 Termination of appointment of a member . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

2 Queensland Building Tribunal Act 2000 18 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19 Protection of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 3—REGISTRAR AND OTHER STAFF 20 Registrar of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Registrar’s functions and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Chairperson may direct registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 23 Engagement of consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Appointment of acting registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 26 Appointment of tribunal staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 PART 4—GENERAL JURISDICTION AND OPERATION OF TRIBUNAL Division 1—Constitution and general jurisdiction of tribunal 27 Constitution of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 General jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2—Start of proceedings 29 Start of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 30 Defence and counterclaim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3—Business names 31 Proceeding if business name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 32 Proceeding if registered business name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 33 Proceeding in business name if unregistered. . . . . . . . . . . . . . . . . . . . . . . . . 22 34 Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 35 Amendment as to parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Division 4—Service 36 Service of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 37 Service in relation to a business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 38 Acceptance of service by solicitor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 39 Informal service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 5—Case management 40 Tribunal to ﬁx time and place for proceedings . . . . . . . . . . . . . . . . . . . . . . . 25 41 Way tribunal is to conduct proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 42 Directions and orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

3 Queensland Building Tribunal Act 2000 43 Documents to which disclosure does not apply . . . . . . . . . . . . . . . . . . . . . . 26 44 Extension of time and waiver of compliance . . . . . . . . . . . . . . . . . . . . . . . . 27 45 Joinder of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 46 Consolidation of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 47 Sequence of hearings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 48 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 49 Variation of order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 50 Vexatious proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 51 Conduct of proceeding causing disadvantage . . . . . . . . . . . . . . . . . . . . . . . . 29 52 Withdrawal by applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 53 Withdrawal by respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 Further application after withdrawal restricted . . . . . . . . . . . . . . . . . . . . . . . 30 55 Costs order on applicant’s withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 56 Notice of withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 6—Costs generally 57 Security for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 58 Discretionary factors for security for costs . . . . . . . . . . . . . . . . . . . . . . . . . . 31 59 Way security given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 60 Finalising security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 61 General power of tribunal to award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 62 Stay pending payment of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 7—Representation 63 Purposes of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 64 Who represents party at mediation and case appraisal . . . . . . . . . . . . . . . . . 34 65 Who represents party at pre-hearing conference . . . . . . . . . . . . . . . . . . . . . . 34 66 Who represents party at other proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . 34 67 Representation for a corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 8—Other provisions about proceedings 68 Tribunal may summons witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 69 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 70 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 71 Inspection of documents or things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

4 Queensland Building Tribunal Act 2000 72 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 73 Person must answer certain questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 74 Warrant may be issued if witness does not attend. . . . . . . . . . . . . . . . . . . . . 38 75 Powers of tribunal relating to taking of evidence . . . . . . . . . . . . . . . . . . . . . 39 76 Referral of matters for expert report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 77 Entry and inspection of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 78 Procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 79 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 80 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 81 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 82 Protection of persons before tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Division 9—Tribunal decisions and enforcement 83 Form of decisions of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 84 When decision takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 85 Registration and enforcement of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 43 86 Consequences of failure to comply with tribunal’s orders and directions. . . 44 Division 10—Further action in relation to a proceeding 87 Correcting mistakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 88 Reopening an order if party does not appear. . . . . . . . . . . . . . . . . . . . . . . . . 46 89 Reopening an order if problems with interpretation or implementation . . . . 46 90 Application to reopen order must not be made if appeal ﬁled . . . . . . . . . . . 46 91 Cases stated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 92 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 PART 5—PARTICULAR JURISDICTION OF THE TRIBUNAL Division 1—Building disputes 93 Tribunal may decide building dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 94 When major commercial building dispute may be heard by tribunal . . . . . . 48 95 Procedure to decide whether all parties consent . . . . . . . . . . . . . . . . . . . . . . 49 96 Procedure if another party discovered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 97 Consent may not be withdrawn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 98 Tribunal may make interim order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 99 Proceeding in tribunal stops action by authority . . . . . . . . . . . . . . . . . . . . . . 51

5 Queensland Building Tribunal Act 2000 100 Reports by authority to tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Tribunal to decide about rectiﬁcation or completion work . . . . . . . . . . . . . . 102 Tribunal may hear dispute while contract still in operation . . . . . . . . . . . . . 103 Tribunal may hear dispute regardless of related criminal or disciplinary action ................................................. Division 2—Proceedings for review 104 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Tribunal may try to reach settlement during review . . . . . . . . . . . . . . . . . . . Division 3—Disciplinary proceedings 108 Tribunal may conduct disciplinary proceeding . . . . . . . . . . . . . . . . . . . . . . . 109 Proper grounds for disciplinary action against a licensee . . . . . . . . . . . . . . . 110 Proper grounds for disciplinary action against person not a licensee . . . . . . 111 Orders for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4—Public Examinations 112 Tribunal may conduct public examination . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Procedure before public examination starts . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Stop orders and suspension orders 114 Stop orders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Suspension orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Decisions about debts arising from statutory insurance scheme 116 Decisions about debts arising from statutory insurance scheme. . . . . . . . . . Division 7—Transfer of proceedings 117 Transfer of proceedings between tribunal and the courts . . . . . . . . . . . . . . . PART 6—DISPUTE RESOLUTION PROCEDURES AVAILABLE TO TRIBUNAL Division 1—General 118 Tribunal may conduct hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Hearing of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Purpose of other divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 51 52 52 53 54 55 55 55 56 57 57 58 59 59 60 61 61 62 62 63

6 Queensland Building Tribunal Act 2000 Division 2—Decision by default 121 Decision by default for debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 Setting aside decision by default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Mediation 123 Tribunal may appoint mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Method of mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Matters about mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Mediator precluded from tribunal hearing . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Time limit for mediation before expedited hearing. . . . . . . . . . . . . . . . . . . . Division 4—Expedited hearings 128 Expedited hearing of domestic building disputes . . . . . . . . . . . . . . . . . . . . . 129 Certain minor commercial building disputes may be expedited . . . . . . . . . . 130 Procedure for expedited hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Summary decision 131 Summary decision for applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 Summary decision for respondent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Claims not disposed of by summary decision . . . . . . . . . . . . . . . . . . . . . . . . 134 Evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Examination of parties and witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Stay of enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 Setting aside summary decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6—Case appraisals 141 Referral to case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Jurisdiction of case appraiser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Procedure for case appraisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Case appraiser may seek information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 Case appraisal may be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Case appraiser’s decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Case appraiser’s decision on costs in the dispute . . . . . . . . . . . . . . . . . . . . . 63 64 64 64 65 65 65 66 66 67 67 68 68 69 69 69 70 70 70 70 71 71 71 72 72 72 73

7 Queensland Building Tribunal Act 2000 148 Case appraiser’s decision ﬁnal unless election made . . . . . . . . . . . . . . . . . . 149 Case appraiser to ﬁle report and decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Dissatisﬁed party may elect to go to hearing of tribunal. . . . . . . . . . . . . . . . 151 Case appraiser’s decision may affect costs . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7—Pre-hearing conferences 152 Pre-hearing conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Who is required to attend pre-hearing conferences. . . . . . . . . . . . . . . . . . . . 154 Evidence from pre-hearing conferences inadmissible. . . . . . . . . . . . . . . . . . 155 When member may hear proceeding after presiding at a pre-hearing conference ............................................. 156 Failure of a party to attend a pre-hearing conference . . . . . . . . . . . . . . . . . . Division 8—Settlement Offers 157 Making settlement offers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 Effect of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Accepting settlement offers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Consequences if accepted offer is not complied with . . . . . . . . . . . . . . . . . . 161 Tribunal must order party to pay costs if certain offers to settle rejected . . . PART 7—MISCELLANEOUS 162 Finance and stafﬁng of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 167 Penalties to be paid to authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Contracting out prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Executive ofﬁcers must ensure corporation complies with Act. . . . . . . . . . . 170 Judicial Review excluded for minor domestic building disputes . . . . . . . . . 171 Proof of signature unnecessary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 73 74 74 74 75 75 76 76 77 77 77 78 78 79 79 80 80 80 80 80 81 81 82 82 82 82 83 83

8 Queensland Building Tribunal Act 2000 PART 8—TRANSITIONAL PROVISIONS Division 1—Deﬁnitions 177 Deﬁnitions for pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Transitional matters 178 Proceedings started before commencement . . . . . . . . . . . . . . . . . . . . . . . . . 179 Former member may continue to hear proceeding . . . . . . . . . . . . . . . . . . . . 180 Proceedings that must continue in a court. . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Proceedings about matters arising before commencement to be dealt with under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Records of former tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . DICTIONARY 83 84 84 85 85 85 86 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 91 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

s1 9 s3 Queensland Building Tribunal Act 2000 QUEENSLAND BUILDING TRIBUNAL ACT 2000 [as amended by all amendments that commenced on or before 8 May 2002] An Act to establish a tribunal to resolve disputes in the building industry, to review decisions of the Queensland Building Services Authority and to decide applications by the Queensland Building Services Authority, and for other matters PART 1—PRELIMINARY Division 1—Introduction 1 Short title This Act may be cited as the Queensland Building Tribunal Act 2000 . 2 Commencement This Act commences on a day to be ﬁxed by proclamation. Division 2—Operation of Act 3 Act binds all persons This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

s 4 10 s 5 Queensland Building Tribunal Act 2000 Division 3—Objects of Act 4 Objects of Act The objects of this Act are to establish a tribunal and have it deal with the following in an expeditious way that is just, fair and cost efﬁcient— (a) domestic building disputes and minor commercial building disputes; (b) major commercial building disputes if the parties to this type of dispute agree; (c) reviews of decisions of the authority; (d) applications by the authority for— (i) proceedings to decide whether proper grounds exist for taking disciplinary action against a person; or (ii) public examinations that investigate stated matters for this Act; or (iii) orders prohibiting a person from starting or continuing building work; or (iv) the recovery of amounts paid by the authority for claims under the statutory insurance scheme under the QueenslandBuilding Services Authority Act 1991 ; 1 (e) applications under the Domestic Building Contracts Act 2000 ; (f) other applications that may be made to the tribunal under this or another Act. 5 How objects are to be achieved The objects of this Act are to be achieved by establishing a system of dispute resolution that— (a) is just in the results it delivers; and (b) is fair by— 1 Queensland Building Services Authority Act 1991 , part 5 (The Statutory Insurance Scheme)

s 6 11 s 7 Queensland Building Tribunal Act 2000 (i) ensuring litigants have an equal opportunity, regardless of their resources, to assert or defend their legal rights; and (ii) giving parties to proceedings an opportunity to state their case and to answer their opponent’s case; and (iii) treating like cases alike; and (c) has a range of procedures available and minimises costs to the extent practicable; and (d) deals with applications with reasonable speed and encourages the early resolution of disputes; and (e) is understandable to users of the system; and (f) is responsive to the needs of users of the system; and (g) allows parties to represent themselves and save legal costs wherever appropriate. Division 4—Interpretation 6 Deﬁnitions The dictionary in schedule 2 deﬁnes particular words used in this Act. 7 Meaning of “building work” (1) The following is “building work” — (a) the erection or construction of a building; (b) the renovation, alteration, extension, improvement or repair of a building; (c) the provision of electrical work, water supply, sewerage or drainage or other like services for a building; (d) the demolition, removal or relocation of a building; (e) any site work (including the construction of retaining structures, driveways, landscaping and the construction of a swimming pool) related to building work of a kind mentioned in paragraphs *(a) to (d); (f) the preparation of plans, speciﬁcations or bills of quantity for the carrying out of building work;

s 7 12 s 7 Queensland Building Tribunal Act 2000 (g) the inspection of a completed building; (h) subject to subsection (3), work prescribed under a regulation. (2) To remove doubt, it is declared that domestic building work is building work. (3) The following is not “building work” — (a) the construction, extension, repair or replacement of a water reticulation system, sewerage system or stormwater drain, outside the boundaries of private property; (b) the building or maintenance of a road as deﬁned under the LandAct 1994 ; (c) the construction, maintenance or repair of a bridge, other than a bridge on private property; (d) the construction, maintenance or repair of railway tracks, signals or associated structures, unless the structures are buildings for residential purposes, or are storage or service facilities; (e) the construction, maintenance or repair of airport runways, taxiways and aprons; (f) the construction, maintenance or repair of ports or ports infrastructure, unless the structures are buildings for residential purposes, or are storage or service facilities; (g) the construction, maintenance or repair of a dam; (h) the construction, maintenance or repair of communications installations performed for a public company or public body engaged in radio or television broadcasting or in some other form of communications business or undertaking; (i) the installation of manufacturing equipment or equipment for hoisting, conveying or transporting materials or products (including primary produce), other than the installation of ﬁxed structures providing shelter for the equipment; (j) construction work in mining; (k) work consisting of monumental masonry, sculpture, or the erection or construction of statues, fountains or other works of art, other than work affecting the way in which a building is constructed;

s 8 13 s 10 Queensland Building Tribunal Act 2000 (l) building work carried out by the State for the State or for an entity representing the State; (m) building work carried out by a local government for a local government, the State or an entity representing a local government or the State; (n) building work carried out outside Queensland. (4) For subsection (3)(l), building work is not carried out by the State if the work is carried out for the State by an independent contractor. (5) For subsection (3)(m), building work is not carried out by a local government if the work is carried out for the local government by an independent contractor. 8 Carrying out building work (1) A person carries out building work whether the person carries it out personally, or directly or indirectly causes it to be carried out. (2) A person is taken to carry out building work if the person provides advisory services, administration services, management services or supervisory services relating to the building work. (3) A person undertakes to carry out building work if the person enters into a contract to carry it out or submits a tender or makes an offer to carry it out. PART 2—ESTABLISHMENT AND MEMBERSHIP OF TRIBUNAL 9 Establishment of tribunal The Queensland Building Tribunal is established. 10 Tribunal’s seal (1) The tribunal must have a seal.

s 11 14 s 13 Queensland Building Tribunal Act 2000 (2) The registrar is to have custody of the seal. (3) The seal must be judicially noticed. 11 Appointment of chairperson and membership of tribunal (1) The tribunal consists of the chairperson and the number of other members appointed under this Act. (2) The chairperson and other members of the tribunal are to be appointed by the Governor in Council. (3) A person is eligible for appointment as a member of the tribunal if the person is— (a) a lawyer of not less than 5 years standing; or (b) a retired judge of any Australian court. (4) A member may be appointed on a full-time or part-time basis. (5) A member is appointed for the term (not longer than 7 years) stated by the Governor in Council in the instrument of appointment. (6) A member is to be appointed under this Act, and not under the PublicService Act 1996 . 12 Terms and conditions of member’s appointment (1) A member of the tribunal is entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) To the extent that the terms and conditions are not provided for by this Act, a member of the tribunal holds office on the terms and conditions decided by the Governor in Council. 13 Chairperson to direct business of tribunal (1) The chairperson of the tribunal is to direct the business of the tribunal. (2) Without limiting subsection (1), the chairperson may— (a) direct the professional development and training of members of the tribunal; and (b) decide and implement procedures and policies for the tribunal; and

s 14 15 s 17 Queensland Building Tribunal Act 2000 (c) without limiting paragraph (b), issue practice directions of general application to proceedings. 14 Delegation of powers by chairperson The chairperson may delegate the chairperson’s administrative powers under this or another Act, including the power to give a direction about how the tribunal is to be constituted for a proceeding, to another member or to the registrar. 15 Appointment of deputy chairperson (1) The Governor in Council may appoint 1 or more members of the tribunal to be deputy chairperson. (2) A deputy chairperson may be appointed on a full-time or part-time basis. (3) The chairperson or the Minister may appoint a deputy chairperson to act as chairperson if— (a) the chairperson is not available to carry out the chairperson’s duties; or (b) there is a vacancy in the ofﬁce of chairperson. 16 Resignation of members A member may resign by giving a signed notice of resignation to the Minister. 17 Termination of appointment of a member (1) The Governor in Council may terminate the appointment of a member if the member— (a) becomes incapable of performing the duties of a member because of physical or mental incapacity; or (b) is convicted of an indictable offence; or (c) commits misconduct of a kind that could justify dismissal from the public service if the member were a public service ofﬁcer; or (d) is affected by bankruptcy action.

s 18 16 s 19 Queensland Building Tribunal Act 2000 (2) For subsection (1)(d), a member is affected by bankruptcy action if the member— (a) is bankrupt; or (b) has compounded with creditors; or (c) has otherwise taken, or applied to take, advantage of any law about bankruptcy. 18 Disclosure of interests (1) If a member becomes aware that the member has a conflict of interest about a proceeding before the tribunal, the member must disclose the issue giving rise to the conflict— (a) if the member is the chairperson—to the parties to the proceeding; or (b) otherwise—to the chairperson and the parties to the proceeding. (2) After making the disclosure, the member may disqualify himself or herself. (3) However, the member may take part in the proceeding, or exercise a power for the proceeding— (a) if the member is the chairperson—if the parties agree; or (b) otherwise—if the chairperson and the parties agree. (4) A member has a conflict of interest about a proceeding if the member has an interest, financial or otherwise, that could conflict with the proper performance of the member’s functions for the proceeding. 19 Protection of members A member has, in the performance of the member’s duties as a member, the same protection and immunity as a District Court judge has in the performance of the judge’s duties.

s 20 17 s 21 Queensland Building Tribunal Act 2000 PART 3—REGISTRAR AND OTHER STAFF 20 Registrar of tribunal (1) There is to be a registrar of the tribunal. (2) The registrar is a member of the staff of the tribunal. (3) A person is eligible for appointment as the registrar only if the person has particular knowledge and experience of— (a) public administration; and (b) something else with substantial relevance to the functions of the registrar. 21 Registrar’s functions and powers (1) Subject to the chairperson, the registrar is to be responsible for managing the administrative affairs of the tribunal. (2) Without limiting subsection (1), the registrar must— (a) keep a register containing details of all applications ﬁled; and (b) ensure the register is available for inspection by a person paying the fee, if any, prescribed under a regulation; and (c) supply a certiﬁcate as to the correctness of a matter in the register to a person paying the fee, if any, prescribed under a regulation; and (e) sign and issue summonses; and (f) keep the tribunal’s records and decisions; and (g) keep account of fees paid and payable to the tribunal; and (h) keep account of moneys paid into and out of the tribunal’s trust account. (3) Also, without limiting subsection (1), the registrar is to— (a) appoint mediators and decide whether a proceeding should be the subject of a mediation or expedited hearing and the times and places of mediations or expedited hearings; and (b) give decisions by default under section 121.

s 22 18 s 24 Queensland Building Tribunal Act 2000 (4) The registrar may exercise the powers given to the registrar under this Act. (5) In addition to the registrar’s functions and powers under subsections (1) to (4), it is the duty of the registrar to exercise powers delegated to the registrar under the Retirement Villages Act 1999 . (6) In exercising a power delegated to the registrar under the RetirementVillagesAct1999 , the registrar is subject to the chief executive of the department in which that Act is administered and not the chairperson. 22 Chairperson may direct registrar The chairperson may give the registrar a direction about the exercise of the registrar’s powers, other than to the extent the direction would be inconsistent with the provisions of this Act about the registrar’s powers. 23 Engagement of consultants (1) The registrar may engage persons having suitable qualifications and experience as consultants to perform services for the tribunal. (2) Without limiting subsection (1), the services a consultant may be engaged to perform include conducting research for the tribunal. (3) An engagement under subsection (1) must be made for the State under a written agreement. 24 Appointment of acting registrar (1) The chairperson may appoint an appropriately qualified person to act as registrar. (2) The appointee is to act as registrar if— (a) the registrar is not available to carry out the registrar’s duties; or (b) there is a vacancy in the ofﬁce of registrar. (3) In this section— “appropriately qualiﬁed” includes having particular knowledge and experience of— (a) public administration; and

s 25 19 s 28 Queensland Building Tribunal Act 2000 (b) something else with substantial relevance to the functions of the registrar. 25 Delegation by registrar (1) The registrar may delegate the registrar’s powers under this Act or another Act to an appropriately qualified member of the staff of the tribunal. (2) In this section— “appropriately qualiﬁed” includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s seniority level as a member of the staff of the tribunal. 26 Appointment of tribunal staff The registrar and other staff of the tribunal are to be appointed and employed under the Public Service Act 1996 . PART 4—GENERAL JURISDICTION AND OPERATION OF TRIBUNAL Division 1—Constitution and general jurisdiction of tribunal 27 Constitution of tribunal For a proceeding, the tribunal is to be constituted by a single member. 28 General jurisdiction The tribunal may hear and decide all applications made to it and all matters required or permitted to be heard and decided by it under this Act, the QueenslandBuildingServicesAuthorityAct1991 , the DomesticBuilding Contracts Act 2000 or another Act.

s 29 20 s 30 Queensland Building Tribunal Act 2000 Division 2—Start of proceedings 29 Start of proceedings (1) A proceeding for a matter for which the tribunal has jurisdiction is started by a person (the “applicant” ) filing an application in the approved form in the tribunal and paying the fee prescribed under a regulation. (2) However, the authority does not have to pay a fee for an application filed by it. (3) The application must state— (a) the facts or grounds on which the application is based; and (b) the claims made and outcome or order sought by the applicant. (4) The applicant must serve a copy of the application on each person (the “respondent” ) against whom a claim is made or in relation to whom an outcome or order is sought. (5) Also, if the tribunal considers another person is affected by the application, it may direct the applicant to serve a copy of the application on the person. (6) The applicant must comply with a direction under subsection (5). (7) For a public examination, the person required to be served under subsection (4) is the person proposed to be the subject of the public examination. 30 Defence and counterclaim (1) This section applies to an application starting a proceeding for— (a) a building dispute; or (b) the recovery of a debt under the QueenslandBuildingServicesAuthority Act 1991, section 71; or (c) a matter under the DomesticBuildingContractsAct2000, sections 18, 55, 60 or 84. 2 2 Domestic Building Contracts Act 2000 , section 18 (Effective completion date or period), 55 (Cost plus contracts), 60 (Effect of improper statements) or 84 (Right of building contractor to recover amount for variation)

s 31 21 s 32 Queensland Building Tribunal Act 2000 (2) The respondent must file a defence to the application and any counterclaim that states— (a) the facts relied on by the respondent in defence of the claims by the applicant; and (b) the nature of the defence to each outcome or order sought by the applicant; and (c) the facts on which any counterclaim is based and the outcome or order sought by the respondent relating to the counterclaim. (3) The respondent must act under subsection (2) within 14 days of being served with the application or the extended time allowed by the tribunal. (4) A defence and any counterclaim must be in the approved form. (5) A copy of the defence and any counterclaim must be served on the applicant. (6) Also, if the tribunal considers another person is affected by the defence or counterclaim, it may direct the respondent to serve a copy of the defence or counterclaim on the person. (7) The respondent must comply with a direction under subsection (6). (8) If the respondent does not file a defence within the period or extended period allowed, the tribunal may deal with the matter in the absence of respondent. Division 3—Business names 31 Proceeding if business name A proceeding may be brought against a person under a name or style, other than the person’s own name and under which a person carries on business, regardless of whether the name or style is registered under the Business Names Act 1962 . 32 Proceeding if registered business name (1) This section applies if a proceeding is brought against a person in relation to a business carried on by the person under a name or style other

s 33 22 s 34 Queensland Building Tribunal Act 2000 than the person’s own name and the name is registered under the BusinessNames Act 1962 . (2) The proceeding may be started against the person in the name or style registered under the Business Names Act 1962 . (3) The name or style registered under the Business Names Act 1962 is sufficient designation of the person in a document filed in the proceeding. (4) An order in the proceeding may be enforced against the person. 33 Proceeding in business name if unregistered (1) This section applies if a proceeding is brought against a person in relation to a business carried on by the person under a name or style other than the person’s own name and the name is not registered under the Business Names Act 1962 . (2) The proceeding may be started against the person in the name or style under which the person carries on business. (3) The name or style under which the business is carried on is sufficient designation of the person in a document filed in the proceeding. (4) An order in the proceeding may be enforced against the person. 34 Defence (1) This section applies if a proceeding is brought against a person in relation to a business carried on by the person under a name or style other than the person’s own name, regardless of whether the name or style is registered under the Business Names Act 1962 . (2) A defence must be in the name of the person and not in the business name. (3) If the person files a defence, the person must file and serve with the defence a statement of the names and places of residence of all persons who were carrying on business under the name or style as at the day the proceeding was started. (4) The tribunal may set aside the defence if the person does not comply with subsection (3).

s 35 23 s 37 Queensland Building Tribunal Act 2000 35 Amendment as to parties (1) This section applies if a proceeding is brought against a person in relation to a business carried on by the person under a name or style other than the person’s own name, regardless of whether the name or style is registered under the Business Names Act 1962 . (2) The applicant must, as soon as practicable, take all reasonable steps to find out the name of the person carrying on the business under the name or style in question. (3) The applicant must continue the proceeding in the person’s name and not in the name or style under which the business was carried on. (4) However with the tribunal’s leave, the applicant may take a further step in the proceeding in the name or style under which the business was carried on. (5) Before allowing a proceeding to continue against a named person, the tribunal must be satisfied that the named person is aware the proceeding is being continued against the named person. Division 4—Service 36 Service of documents (1) A document may be served under this Act— (a) in a way directed by the tribunal; or (b) as stated in this Act; or (c) for person licensed under the QueenslandBuildingServicesAuthority Act 1991 — by leaving it at, or sending it by post, telex, facsimile or similar facility to, the address of the person in the register of licensees kept by the authority. (2) Subsection (1) does not limit the ActsInterpretationAct1954 , section 39. 3 37 Service in relation to a business (1) This section applies if— 3 Acts Interpretation Act 1954 , section 39 (Service of documents)

s 38 24 s 39 Queensland Building Tribunal Act 2000 (a) a proceeding is brought against a person in relation to a business carried on by the person under a name or style other than the person’s own name, regardless of whether the name or style is registered under the Business Names Act 1962 ; and (b) the proceeding is brought in the name or style under which the person carries on the business. (2) The application may be served by leaving a copy at the person’s place of business with a person who appears to have control or management of the business at the place. 38 Acceptance of service by solicitor (1) A solicitor may accept service of a document for a party. (2) The document is taken to have been served on the party, unless the party proves the solicitor did not have authority to accept service for the party. (3) This section applies whether or not personal service of the document is required under this Act. (4) The solicitor must make a note on a copy of the document to the effect that the solicitor accepts service for the party. 39 Informal service (1) This section applies if— (a) for any reason, a document is not served as required by this division but the document or a copy of it came into the possession of the person to be served; and (b) the tribunal is satisﬁed on evidence before it that the document came into the person’s possession on or before a particular day. (2) The tribunal may, by order, decide that the possession of the document is service for this Act on the day it came into the person’s possession or a later day stated in the order.

s 40 25 s 41 Queensland Building Tribunal Act 2000 Division 5—Case management 40 Tribunal to ﬁx time and place for proceedings (1) This section applies if an application has been filed and served under this Act. (2) The tribunal must fix a time and place for the proceedings the tribunal considers necessary for resolution of the matters to which the application and any defence and counterclaim relate. (3) However, the tribunal must not fix a time and place for an application for a matter mentioned in section 30(1) 4 until either— (a) a defence and any counterclaim have been ﬁled and served; or (b) the time or extended time (if the tribunal has extended the time for ﬁling a defence and any counterclaim) for ﬁling a defence and counterclaim has ended without a defence being ﬁled. 41 Way tribunal is to conduct proceedings (1) This section applies to a proceeding. (2) The procedure is at the discretion of the tribunal, subject to this Act and the rules of natural justice. (3) The proceeding is to be conducted with as little formality and technicality and with as much speed as the requirements of this Act and a proper consideration of the matters before the tribunal permit. (4) The tribunal is not bound by the rules of evidence but may inform itself in any way it considers appropriate. (5) The tribunal may, if appropriate, conduct the proceeding by means of telephone conferencing, video conferencing or another form of communication that allows reasonably contemporaneous and continuous communication between persons taking part in the proceeding. (6) The tribunal may decide all or part of the proceeding from a consideration of the documents filed, without the parties or witnesses appearing in person if— 4 Section 30 (Defence and counterclaim)

s 42 26 s 43 Queensland Building Tribunal Act 2000 (a) the parties to the proceeding agree; and (b) the tribunal considers it appropriate in all the circumstances. 42 Directions and orders (1) The tribunal may make orders, give directions and do whatever is necessary for the expeditious, just, fair and cost effective resolution of a proceeding. (2) The power to give directions under subsection (1) is subject to practice directions under section 13(2)(c). 5 (3) Without limiting subsection (1), the tribunal may at any time— (a) set time limits for the completion of anything to be done in relation to the proceeding; and (b) require a party to the proceeding to give the tribunal either or both of the following if the tribunal considers it may be relevant to the proceeding— (i) a document in the party’s possession or control; (ii) any other information or evidence. (4) A party must comply with an order or direction within the time stated in the order or direction unless the party applies to the tribunal for and is granted an extension of time to comply with the order or direction. (5) The tribunal, on application of a party or on its own initiative, may at any time vary or revoke an order or direction given by it. (6) The tribunal may not vary or revoke an order or direction given by it if to do so would cause any prejudice or detriment to a party or potential party that can not be remedied by an appropriate order for costs or damages. 43 Documents to which disclosure does not apply (1) The duty of disclosure does not apply to the following documents— (a) a document in relation to which there is a valid claim to privilege from disclosure; 5 Section 13 (Chairperson to direct business of tribunal)

s 44 27 s 44 Queensland Building Tribunal Act 2000 (b) a document relevant only to credit; (c) an additional copy of a document already disclosed, if it is reasonable to suppose the additional copy contains no change, obliteration or other mark or feature likely to affect the outcome of the proceeding. (2) A document consisting of a statement or report of an expert is not privileged from disclosure. (3) In this section— “duty of disclosure” means a requirement under section 42(4) relating to a document mentioned in section 42(3)(b)(i). 44 Extension of time and waiver of compliance (1) The tribunal, on the application of any person or on its own initiative, may extend a time limit fixed by or under this or another Act for the start of a proceeding. (2) The tribunal, on the application of a party or on its own initiative, may for a proceeding— (a) extend a time limit ﬁxed by or under this Act, the QueenslandBuildingServices Authority Act1991 or the DomesticBuildingContracts Act 2000 for the doing of anything; or (b) waive compliance with any procedural requirement under this Act. (3) The tribunal may extend time or waive compliance even if the time or period for compliance has expired. (4) However, an application for an extension of time to file a defence and any counterclaim under section 30(3) 6 must be made before the 14 day period for filing the defence ends. (5) The tribunal may not extend time or waive compliance if to do so would cause any prejudice or detriment to a party or potential party that can not be remedied by an appropriate order for costs or damages. 6 Section 30 (Defence and counterclaim)

s 45 28 s 48 Queensland Building Tribunal Act 2000 45 Joinder of parties (1) For a proceeding the tribunal may order that a person be joined as a party to a proceeding if the tribunal considers that— (a) the person ought to be bound by, or have the beneﬁt of, an order of the tribunal in the proceeding; or (b) the person’s interests are affected by the proceeding; or (c) for another reason it is desirable the person be joined as a party. (2) The tribunal may make an order under subsection (1) on application of any person or on its own initiative. (3) For a proceeding for a major commercial building dispute a person may not be joined as a party except under section 95. 7 46 Consolidation of proceedings The tribunal may on the application of any person or on its own initiative order that 2 or more proceedings be consolidated if— (a) the same or substantially the same question is involved in all the proceedings; or (b) the decision in 1 proceeding will decide or affect the other proceeding or proceedings. 47 Sequence of hearings The tribunal may on the application of any person or on its own initiative order that 2 or more proceedings be heard together or in a particular sequence. 48 Directions If the tribunal orders that proceedings be consolidated or heard together or in a speciﬁed sequence, the tribunal may give a direction it considers appropriate for the conduct of the proceeding or proceedings. 7 Section 95 (Procedure to decide whether all parties consent)

s 49 29 s 51 Queensland Building Tribunal Act 2000 49 Variation of order Before or during the hearing of a consolidated proceeding or of proceedings ordered to be heard together or in a particular sequence, the tribunal may order the proceedings be separated or heard in another sequence. 50 Vexatious proceedings If, in the tribunal’s opinion, a proceeding has been brought vexatiously or oppressively, the tribunal may— (a) summarily dismiss the proceeding; and (b) order costs against the party by whom the proceeding was brought to compensate the party against whom it was brought for loss, inconvenience and embarrassment resulting from the proceeding. 51 Conduct of proceeding causing disadvantage (1) This section applies if the tribunal considers a party to a proceeding is acting in a way that unreasonably disadvantages another party to the proceeding including by— (a) not complying with a direction or order of the tribunal without reasonable excuse; or (b) asking for an adjournment as a result of not complying with a direction or order of the tribunal; or (c) vexatiously conducting the proceeding; or (d) causing an adjournment. (2) The tribunal may— (a) order that the party causing the disadvantage compensate the other party for any costs incurred unnecessarily; or (b) if the party causing the disadvantage is the applicant, dismiss the applicant’s claim; or (c) if the party causing the disadvantage has ﬁled a counterclaim, dismiss the counterclaim. (3) The tribunal may refuse to continue with the proceeding until an order under subsection (2)(a) is complied with.

s 52 30 s 56 Queensland Building Tribunal Act 2000 52 Withdrawal by applicant (1) The authority may withdraw an application or part of an application under section 108 or 112 8 without the tribunal’s leave. (2) For other applications, an applicant may withdraw all or part of an application without the tribunal’s leave if the applicant has not been served with a defence or counterclaim relating to the application. (3) After being served with a defence or counterclaim, an applicant may withdraw all or part of an application only with the tribunal’s leave. (4) Also, if there is more than 1 applicant, an applicant may withdraw all or part of an application only with the tribunal’s leave. (5) An applicant may withdraw against 1 or more respondents without withdrawing against the other respondents only with the tribunal’s leave. 53 Withdrawal by respondent A respondent may withdraw all or part of a defence or counterclaim only with the tribunal’s leave. 54 Further application after withdrawal restricted If an applicant withdraws all or part of an application, the applicant may make a further application relating to the same facts and circumstances only with the tribunal’s leave. 55 Costs order on applicant’s withdrawal If an applicant withdraws all or part of an application, the tribunal may make an order that the applicant pay all, or part of, the costs of the other parties to the proceeding. 56 Notice of withdrawal (1) A withdrawal for which the tribunal’s leave is not required may be effected by filing a notice of withdrawal and serving it as soon as practicable on the other parties. 8 Section 108 (Tribunal may conduct disciplinary proceeding) or 112 (Tribunal may conduct public examination)

s 57 31 s 58 Queensland Building Tribunal Act 2000 (2) A withdrawal for which the tribunal’s leave is required is effected by the order giving leave and a notice of withdrawal is not required. Division 6—Costs generally 57 Security for costs (1) On the application of a party against whom a claim is made or an outcome or order sought in a proceeding, the tribunal may order— (a) that another party give security for the costs of the party applying for security within the time stated in the order; and (b) that the proceeding as against the party applying for security be stayed until the security is given. (2) An application under subsection (1) may be made at any time before the proceeding ends. (3) If security for costs is not given within the time stated in the order, the tribunal may make an order dismissing the proceeding as against the party applying for security. 58 Discretionary factors for security for costs In deciding whether to make an order under section 57, the tribunal may have regard to any of the following matters— (a) the means of the parties to the proceeding; (b) the prospects of success or merits of the proceeding; (c) the genuineness of the proceeding; (d) if the party against whom an order for costs is sought suffers from a lack of means, whether this is attributable to the conduct of the applicant for the order; (e) whether an order for security for costs would be oppressive; (f) whether an order for security for costs would stiﬂe the proceeding; (g) whether delay by a party in starting the proceeding has prejudiced another party;

s 59 32 s 60 Queensland Building Tribunal Act 2000 (h) the costs of the proceeding; (i) anything else the tribunal considers relevant. 59 Way security given (1) If the tribunal orders a party to give security for costs, the security must be given in the form, at the time, and on the conditions, if any, the tribunal directs. (2) If the tribunal does not state the form of the security— (a) it must be given in a form approved by the registrar; and (b) the form of security approved by the registrar must be written on the order before it is issued. (3) A party who gives security for costs must as soon as practicable after giving security serve on the applicant for security written notice of when, and the way in which, the security was given. 60 Finalising security (1) This section applies if, in a proceeding, security for costs has been given by a party under an order made about security for costs under section 57. (2) If the tribunal decides the party must pay all or part of the costs of the proceeding, the security may be applied in satisfaction of the costs. (3) However, the security must be discharged— (a) if the tribunal’s decision relating to the proceeding does not require the party to pay all or part of the costs of the proceeding; or (b) if the tribunal orders the discharge of the security; or (c) if the party entitled to the beneﬁt of the security consents to its discharge; or (d) in relation to the balance after costs have been satisﬁed under subsection (2).

s 61 33 s 61 Queensland Building Tribunal Act 2000 61 General power of tribunal to award costs (1) In a proceeding, the tribunal may award the costs it considers appropriate on— (a) the application of a party to the proceeding; or (b) its own initiative. (2) The costs the tribunal may award may be awarded at any stage of the proceeding or after the proceeding has ended. (3) If the tribunal awards costs during a proceeding, the tribunal may order that the costs not be assessed until the proceedings ends. (4) In deciding whether to award costs, and the amount of the costs, the tribunal may have regard to the following— (a) the outcome of the proceeding; (b) the conduct of the parties to the proceeding before and during the proceeding; (c) the nature and complexity of the proceeding; (d) the relative strengths of the claims made by each of the parties to the proceeding; (e) any contravention of the Queensland Building Services AuthorityAct 1991 , the Domestic Building Contracts Act 2000 or any other Act by a party to the proceeding; (f) for a proceeding to which the authority is a party, whether the other party to the proceeding was afforded natural justice by the authority; (g) anything else the tribunal considers relevant. (5) A party to a proceeding is not entitled to costs merely because— (a) the party was the beneﬁciary of an order of the tribunal; or (b) the party was legally represented at the proceeding. (6) The power of the tribunal to award costs under this section is in addition to the tribunal’s power to award costs under another provision of this or another Act.

s 62 34 s 66 Queensland Building Tribunal Act 2000 62 Stay pending payment of costs (1) This section applies if a party has been ordered to pay the costs of another party whether under section 61 of otherwise, and the party, before paying the costs, starts another proceeding before the tribunal against the other party. (2) The tribunal may order a stay of the other proceeding until the costs are paid. Division 7—Representation 63 Purposes of div 7 The main purpose of this division is to have parties represent themselves and save legal costs unless the interests of justice require otherwise. 64 Who represents party at mediation and case appraisal Unless the mediator or case appraiser considers it appropriate in the interests of justice to allow a party to be represented by a lawyer or other person, a party must represent himself or herself at mediation or case appraisal. 65 Who represents party at pre-hearing conference Unless the tribunal considers it appropriate in the interests of justice to direct otherwise, a party may be represented by a lawyer or other person at a pre-hearing conference. 66 Who represents party at other proceedings (1) A party to a proceeding, other than a proceeding mentioned in sections 64 and 65, must represent himself or herself. (2) However, a party is entitled to be represented by— (a) a lawyer, if all parties to the proceeding agree; or (b) a lawyer or other person if—

s 67 35 s 68 Queensland Building Tribunal Act 2000 (i) the proceeding relates to an application under section 116; 9 or (ii) the proceeding is a disciplinary proceeding; or (iii) the proceeding is a public examination; or (iv) the tribunal directs that representation by a lawyer or other person is appropriate having regard to all the circumstances including, for example— (A) the amount involved; and (B) the complexity of the legal and factual issues involved; and (C) the ability of the lawyer or other person to help the tribunal and the party represented; and (D) the ability of the party to represent himself or herself. (3) At a disciplinary proceeding or a public examination a person summonsed to attend may be represented by a lawyer or other person. 67 Representation for a corporation Sections 64 to 66 do not prevent a party that is a corporation from being represented by a person who is not a lawyer. Division 8—Other provisions about proceedings 68 Tribunal may summons witness (1) The tribunal may, on the application of a party to a proceeding or on its own initiative, summons a person to attend before it at the time and place notified in the summons to do either or both of the following— (a) appear as a witness and be examined on oath about the matters the subject of the proceeding; (b) to produce the documents or things stated in the summons or that belong to a class stated in the summons. 9 Section 116 (Decisions about debts arising from statutory insurance scheme)

s 69 36 s 70 Queensland Building Tribunal Act 2000 (2) A person required to appear as a witness is entitled to the witness fees— (a) prescribed under a regulation; or (b) if no witness fees are prescribed—the reasonable witness fees decided by the tribunal. (3) The witness fees must be paid by the person making the application under subsection (1). 69 False or misleading statements (1) A person appearing as a witness before the tribunal must not state anything the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (2) In a proceeding for an offence against subsection (1), it is enough for a charge to state the statement was, without specifying which, ‘false or misleading’. 70 False or misleading documents (1) A person appearing as a witness before the tribunal must not produce a document containing information the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to a person if the person, when giving the document— (a) tells the tribunal, to the best of the person’s ability, how it is false or misleading; and (b) if the person has, or can reasonably obtain, the correct information—gives the correct information. (3) In a proceeding for an offence against subsection (1), it is enough for a charge to state the document was, without specifying which, ‘false or misleading’.

s 71 37 s 72 Queensland Building Tribunal Act 2000 71 Inspection of documents or things (1) If a document or thing is produced to the tribunal, the tribunal may— (a) inspect the document or thing; and (b) copy or photograph the document or thing if it is relevant to the proceeding before the tribunal. (2) The tribunal may also take possession of the document or thing, and keep it while it is necessary for the proceeding. (3) While it keeps a document or thing, the tribunal must permit a person otherwise entitled to possession of it to inspect, copy or photograph the document or thing at a reasonable place and time the tribunal decides. 72 Offences by witnesses (1) A person summonsed to attend before the tribunal must not fail, without reasonable excuse to— (a) attend as required by the summons; or (b) continue to attend as required by the tribunal until excused from further attendance. Maximum penalty—80 penalty units. (2) A person appearing as a witness before the tribunal must take an oath when required by the tribunal. Maximum penalty—80 penalty units. (3) Also, a person appearing as a witness before the tribunal must not fail, without reasonable excuse— (a) to answer a question the person is required to answer by the tribunal; or (b) to produce a document or thing the person is required to produce under a summons. Maximum penalty—80 penalty units. (4) It is a reasonable excuse to refuse to answer a question or produce a document or thing on the ground that the answer or production of the document or thing might tend to incriminate the person. (5) Despite subsection (1), the tribunal may at any time excuse a person for failing to attend at the time and place notified.

s 73 38 s 74 Queensland Building Tribunal Act 2000 (6) This section is subject to section 73. 73 Person must answer certain questions (1) This section applies if a person, at a public examination, refuses to answer a question about the person’s financial affairs. (2) If the tribunal requires the person to answer the question, the tribunal must advise the person of the following— (a) that if the answer might incriminate the person, the person may claim, before giving the answer, that giving the answer might incriminate the person; (b) the effect that making the claim will have on the admissibility of the answer in any proceeding against the person. (3) The person must answer the question, unless the person has a reasonable excuse. Maximum penalty—500 penalty units. (4) It is not a reasonable excuse to fail to answer the question that answering might tend to incriminate the person. (5) Subsection (6) applies if an answer might incriminate the person and the person claims, before giving the answer, that giving the answer might incriminate the person. (6) The answer is not admissible in any criminal or civil proceeding against the person, other than a proceeding in which the falsity or misleading nature of the answer is relevant. (7) For subsection (6), the following are not proceedings against the person— (a) the public examination of a person; (b) a proceeding for the review of a decision of the authority under part 5, division 2. 10 74 Warrant may be issued if witness does not attend (1) If a person summonsed does not attend as required by the summons, the tribunal may— 10 Part 5 (Particular jurisdiction of the tribunal), division 2 (Proceedings for review)

s 75 39 s 76 Queensland Building Tribunal Act 2000 (a) issue a warrant directed to all police ofﬁcers to bring the person at the time, and to the place, stated in the warrant to give evidence at a proceeding before the tribunal; and (b) adjourn the hearing to the time and place mentioned in paragraph (a) on terms as to costs the tribunal considers appropriate. (2) A warrant issued under subsection (1) is sufficient authority for a police officer to execute it according to its terms. 75 Powers of tribunal relating to taking of evidence (1) For a proceeding, the tribunal may— (a) take evidence on oath; or (b) require a person who is to give evidence before the tribunal to take an oath; or (c) administer an oath to a person who is to give evidence before the tribunal. (2) The oath to be taken or made by a person is an oath that the evidence the person will give will be true. 76 Referral of matters for expert report (1) The tribunal may refer a matter of a technical nature arising in the course of a proceeding for investigation by an appropriate expert. (2) The expert must report the results of the investigation in writing to the tribunal and provide the parties with copies of the report. (3) The tribunal may adopt the findings of the expert in whole or in part. (4) The parties to the proceeding are responsible for any costs of an expert, and must pay those costs in the proportions decided by the tribunal. (5) In doing anything for the purposes of subsection (2), the expert has the same protection and immunity as a member of the tribunal.

s 77 40 s 78 Queensland Building Tribunal Act 2000 77 Entry and inspection of property (1) The member may, if it is necessary to do so for the purposes of a proceeding before the tribunal— (a) for a view, enter and inspect a building or land relevant to the proceeding accompanied by the parties to the proceeding; or (b) authorise a person in writing to take the following action and report to the tribunal on the action taken— (i) enter and inspect a building or land relevant to the proceeding; (ii) take photographs, video ﬁlm or an image of the building or land or anything relevant to the proceeding; (iii) carry out tests approved by the tribunal. Examples of ‘building or land relevant to the proceeding’— A display home mentioned in a contract as the model to be followed by a building contractor if the display home is occupied by a third party. Land adjoining other land on which is situated building work the subject of a proceeding to better inspect the building work from the adjoining land. (2) A person who obstructs a member, or a person authorised under subsection (1)(b), in the exercise of a power mentioned in subsection (1) commits an offence. Maximum penalty—200 penalty units. 78 Procedure before entry (1) This section applies to entry under section 77. (2) Before entering a building or land the member or a person authorised to enter must do or make a reasonable attempt to do the following— (a) give an occupier or, if there is no occupier, the owner, reasonable notice of the entry; (b) on arriving at the building or land, identify himself or herself to a person present who is an occupier of the building or land by producing— (i) for the member, a copy of the member’s notice of appointment or other document evidencing the appointment; or

s 79 41 s 80 Queensland Building Tribunal Act 2000 (ii) for a person authorised to enter, a copy of the authorisation and evidence that the person is the person authorised; (c) give the person present a copy of the things produced under subsection (2)(b); (d) tell the person present the member or authorised person is permitted to enter the building or land. 79 Contempt of tribunal (1) A person is in contempt of the tribunal if the person— (a) insults a member or a member of the tribunal staff at a proceeding, or in going to or returning from the proceeding; or (b) deliberately interrupts a proceeding, or otherwise misbehaves at a proceeding; or (c) creates or continues, or joins in creating or continuing, a disturbance in or near a place where a proceeding is being conducted; or (d) obstructs or assaults a person attending a proceeding; or (e) without lawful excuse, disobeys a lawful order or direction of the tribunal made or given at a proceeding; or (f) obstructs a member, or a person authorised under section 77(1), in the exercise of a power under section 77(1); or (g) does anything at a proceeding or otherwise that would be contempt of court if the tribunal were a court of record. (2) The tribunal may order that a person who is in contempt under subsection (1) at a proceeding be excluded from the place where the proceeding is being conducted. (3) A member of the tribunal staff, acting under the tribunal’s order, may, using necessary and reasonable help and force, exclude the person from the place. 80 Punishment of contempt (1) Without limiting the tribunal’s power to punish for contempt under section 79, a person’s contempt of the tribunal may be punished under this section.

s 81 42 s 82 Queensland Building Tribunal Act 2000 (2) The chairperson may certify the contempt in writing to the Supreme Court (the “court” ). (3) For subsection (2), it is enough for the chairperson to be satisfied there is evidence of contempt. (4) The chairperson may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the court to be dealt with according to law. (5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence. (6) The court must inquire into the alleged contempt. (7) The court must hear— (a) witnesses and evidence that may be produced against or for the person whose contempt was certiﬁed; and (b) any statement given by the person in defence. (8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court. (9) The Uniform Civil Procedure Rules 1999 apply to the court’s investigation, hearing and power to punish with necessary changes. (10) The chairperson’s certificate of contempt is evidence of the matters contained in the certificate. 81 Conduct that is contempt and offence If conduct of a person is both contempt of the tribunal and an offence, the person may be proceeded against for the contempt or for the offence, but the person is not liable to be punished twice for the same conduct. 82 Protection of persons before tribunal (1) A person representing a person before the tribunal has the same protection and immunity as a barrister has if appearing for a party in a proceeding in the District Court. (2) A person summoned to attend or appearing before the tribunal as a witness has the same protection as a witness in a proceeding in the District Court.

s 83 43 s 85 Queensland Building Tribunal Act 2000 Division 9—Tribunal decisions and enforcement 83 Form of decisions of tribunal (1) A decision of the tribunal that finally decides matters the subject of the proceeding— (a) must be in writing; and (b) must state the decision, and the reasons for the decision; and (c) may be published. (2) To remove doubt, it is declared that this section does not apply to a pre-hearing conference. 84 When decision takes effect A decision of the tribunal takes effect— (a) if all parties to a proceeding before the tribunal are present when the decision is given or order is made—when the decision is given or the order is made; or (b) if 1 party only is not present when the decision is given or order is made—when the party is served with the decision; or (c) if 2 or more parties are not present when the decision is given or order is made—when the decision is served on all of those parties. 85 Registration and enforcement of decisions (1) A person (the “registrant” ) may register a decision by the tribunal by filing in the registry of the appropriate court— (a) a copy of the decision certiﬁed as correct by the registrar; and (b) the registrant’s afﬁdavit deposing to— (i) service of a certiﬁed copy of the decision on the party against whom the decision was given; and (ii) noncompliance, or the extent of noncompliance, with the decision by that party. (2) On registration of the decision in the appropriate court—

s 86 44 s 86 Queensland Building Tribunal Act 2000 (a) the decision has, for the purposes of enforcement, the same force and effect; and (b) proceedings may be taken on the decision; and (c) the amount, if any, for which the decision is registered carries interest; and (d) the appropriate court has the same control over the enforcement of the decision; as if the decision had been originally given as a judgment of the appropriate court and entered on the day of registration. (3) No court fee is payable for filing the decision and affidavit in the appropriate court’s registry. (4) In this section— “appropriate court” means— (a) the Magistrates Court if the tribunal’s decision is within that court’s jurisdictional limit; or (b) in any other case—the District Court. (5) For subsection (2), the appropriate court is taken to have had jurisdiction to make the decision. 86 Consequences of failure to comply with tribunal’s orders and directions (1) The tribunal may, in a proceeding to which a licensee is a party, order that the licensee’s licence be suspended or cancelled if the licensee fails to comply with an order or direction of the tribunal within the time allowed by the tribunal. (2) Before ordering that a licence be suspended or cancelled, the tribunal must give the licensee a reasonable opportunity to show cause why it should not be cancelled or suspended. (3) Subsection (2) does not apply to an order or direction made in disciplinary proceedings under part 5, division 3. 11 11 Part 5 (Particular jurisdiction of the tribunal), division 3 (Disciplinary proceedings)

s 87 45 s 87 Queensland Building Tribunal Act 2000 (4) An order under this section operates, of its own force, to suspend or cancel the licence if the licensee fails to comply with the tribunal’s order or direction within the time allowed by the tribunal. Division 10—Further action in relation to a proceeding 87 Correcting mistakes (1) The tribunal may correct a decision made by it if the decision contains— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or (c) a material miscalculation of ﬁgures or a material mistake in the description of any person, thing or matter referred to in the decision; or (d) a defect of form. (2) The correction may be made— (a) on the tribunal’s own initiative; or (b) on the written application of a party to the proceeding to which the decision relates. (3) An application under this section— (a) must be made within 14 days after the making of the decision; and (b) must be based on something mentioned in subsection (1)(a) to (d) that is of sufﬁcient signiﬁcance to have inﬂuenced the outcome of the proceeding. (4) The tribunal need not conduct a hearing for the application. (5) The correction— (a) may be made by the member who made the decision, the chairperson or another member; and (b) must be made only on the evidence placed before the tribunal at the hearing of the proceeding in which the decision was made. (6) The making of the application under this section does not, of itself, stop the order or decision from taking effect according to its terms.

s 88 46 s 91 Queensland Building Tribunal Act 2000 88 Reopening an order if party does not appear (1) A person in relation to whom an order is made may apply to the tribunal for a review of the order if the person did not appear and was not represented at the hearing at which the order was made. (2) An application under this section must be made within 14 days after the order is served on the person. (3) A person may apply only once in relation to the same order. (4) The tribunal may grant the application if satisfied that the applicant had a reasonable excuse for not attending or for not being represented at the hearing. (5) On a review under this section, the tribunal may confirm, vary or revoke the order. 89 Reopening an order if problems with interpretation or implementation (1) A party to a proceeding may apply to the tribunal to vary an order if the party considers there are problems with interpreting or implementing the order. (2) The tribunal may grant the application if satisfied that there are problems with interpreting or implementing the order. (3) The tribunal may grant an application under subsection (2) only if it has given all parties to the proceeding an opportunity to be heard on the application. 90 Application to reopen order must not be made if appeal ﬁled An application under sections 88 or 89 must not be made for a proceeding in relation to which an appeal has been ﬁled under section 92. 91 Cases stated (1) The tribunal may, on the application of a party to a proceeding or on its own initiative, state a case on a question of law arising in the proceeding for the opinion of the District Court.

s 92 47 s 92 Queensland Building Tribunal Act 2000 (2) The District Court may decide a question of law stated under this section as it considers just and make consequential or ancillary orders and directions. (3) If a question has been stated for the opinion of the District Court, the tribunal must not, in the proceeding— (a) make a decision to which the question is relevant while the reference is pending; or (b) proceed in a way, or make a decision, that is inconsistent with the District Court’s opinion on the question. 92 Appeals (1) A party to a proceeding before the tribunal may appeal to the District Court against a decision of the tribunal that finally decides matters the subject of the proceeding. (2) An appeal must be filed within 28 days after the decision takes effect. (3) An appeal must— (a) be accompanied by the tribunal’s decision and reasons for decision, if any; and (b) refer to the tribunal’s decision and reasons for decision, if any, and any other relevant material and state the grounds for the application. (4) The appeal is by way of rehearing, unaffected by the tribunal’s decision, on the material before the tribunal and any further evidence allowed by the District Court. (5) The tribunal is not a party to the appeal but the party appealing must serve a copy of the appeal and supporting documents on the tribunal within 7 days of filing the appeal in the District Court. (6) On an appeal, the District Court may do any of the following— (a) conﬁrm, annul, vary or reverse the tribunal’s decision; or (b) remit the case to the tribunal for further hearing or rehearing; or (c) make consequential or ancillary orders or directions. (7) The registrar of the District Court must give the tribunal a copy of the court’s judgment and reasons.

s 144 72 Queensland Building Tribunal Act 2000 s 146 (b) unless the case appraiser considers it necessary to clarify or expand on evidence in the documents being considered, must conduct the case appraisal— (i) in the absence of the parties; and (ii) without oral evidence from witnesses; and (c) if the case appraiser allows parties to be present, must not allow cross-examination unless the case appraiser considers it necessary to clarify or expand on evidence in the documents being considered. 144 Case appraiser may seek information (1) A case appraiser may ask anyone for information and may obtain, and act on, information obtained from anyone on any aspect of the proceeding. (2) However, if obtaining the information involves extra cost, the case appraiser must first obtain— (a) the parties’ agreement to pay the extra cost; or (b) the tribunal’s leave. (3) If the tribunal gives leave, the tribunal must also— (a) order the parties to pay the extra cost; and (b) state to whom and by when the payment must be made. (4) The case appraiser must disclose the substance of the information to the parties. 145 Case appraisal may be recorded (1) A case appraiser may have the case appraisal recorded if the case appraiser considers it appropriate, in the special circumstances of the case. (2) If the case appraisal is to be recorded, the case appraiser must decide the extent to which, and the way in which, the recording may be done. 146 Case appraiser’s decision (1) A case appraiser’s decision must be in writing, but the case appraiser need not give reasons for the decision.

s 147 73 Queensland Building Tribunal Act 2000 s 149 (2) However, a case appraiser may, at any stage of a case appraisal decline to proceed further with the appraisal. Example for subsection (2)— The dispute proves to be unsuitable for case appraisal. (3) A copy of the decision must be given to each party. 147 Case appraiser’s decision on costs in the dispute (1) A case appraiser has the same power to award costs in the dispute as the tribunal would have had if the tribunal had heard and decided the dispute. (2) A case appraiser’s decision must include a decision on costs in the dispute. 148 Case appraiser’s decision ﬁnal unless election made A case appraiser’s decision about a dispute is ﬁnal, unless an election to have the dispute heard by the tribunal is made under section 150. 149 Case appraiser to ﬁle report and decision (1) As soon as practicable after a case appraisal has finished, the case appraiser must file— (a) a report about the case appraisal; and (b) the case appraiser’s decision, if any; and (c) if the case appraisal was recorded, a copy of the record. (2) If the case appraiser makes a decision about the dispute or any issue in the dispute, the case appraiser must— (a) place the written decision in a sealed container, for example, an envelope; and (b) mark the container with a distinguishing number; and (c) endorse the container ‘Not to be opened without an order of the tribunal’; and (d) ﬁle the container.

s 150 74 Queensland Building Tribunal Act 2000 s 152 (3) The container may be opened only if the tribunal orders it to be opened. (4) No fee is payable for filing anything under this section. 150 Dissatisﬁed party may elect to go to hearing of tribunal (1) A party who is dissatisfied with a case appraiser’s decision about a dispute may elect to have the dispute heard by the tribunal. (2) To elect to have a dispute heard by the tribunal, the dissatisfied party must file an election within 14 days after the party receives a copy of the decision. (3) If an election is filed as mentioned in subsection (1)— (a) the case appraiser’s decision ceases to have effect except for section 151; and (b) the dispute must be decided by the tribunal as if it had never been referred to the case appraiser. (4) To remove doubt, it is declared that anything said or done during the case appraisal is inadmissible in the hearing of the dispute by the tribunal. 151 Case appraiser’s decision may affect costs (1) If the tribunal’s decision in the dispute is not more favourable overall to a party filing an election than the case appraiser’s decision in the dispute was to the party, the costs of the proceeding including the case appraisal must be awarded against the party. (2) If all parties to a dispute elect to have the dispute heard by the tribunal, the case appraiser’s decision has no effect on the awarding of costs. Division 7—Pre-hearing conferences 152 Pre-hearing conferences (1) The tribunal may require the parties to a proceeding to attend 1 or more pre-hearing conferences before the tribunal before the proceeding is heard by the tribunal.

s 153 75 Queensland Building Tribunal Act 2000 s 154 (2) At a pre-hearing conference the tribunal may do any of the following— (a) identify and clarify the issues in dispute in the proceeding; (b) promote a settlement of the proceeding; (c) identify the questions of fact and law to be decided by the tribunal; (d) if the proceeding is not settled, give directions about the conduct of the proceeding; (e) make the orders and give the directions the tribunal considers appropriate to manage the proceeding or resolve the dispute the subject of the proceeding. Examples for subsection (2)(e)— The tribunal may order a party to pay an amount into the tribunal’s trust account pending settlement of, or a decision in relation to, the dispute. (3) Written notice of a pre-hearing conference must be given to each party by the registrar. (4) Unless the tribunal otherwise directs, a pre-hearing conference must be held in private. (5) The procedure for a pre-hearing conference is at the discretion of the tribunal. 153 Who is required to attend pre-hearing conferences The tribunal may require a party to attend a pre-hearing conference personally or by a representative who has authority to settle the proceeding on behalf of the party. 154 Evidence from pre-hearing conferences inadmissible Evidence of anything said or done in the course of a pre-hearing conference is inadmissible in any hearing before the tribunal in the proceeding, except— (a) if all parties agree to the admission of the evidence; or (b) evidence of directions given at a pre-hearing conference or the reasons for the directions; or (c) evidence of anything said or done relevant to—

s 155 76 Queensland Building Tribunal Act 2000 s 156 (i) a proceeding for an offence in relation to the giving of false or misleading information; or (ii) a proceeding under section 79; 25 or (iii) a proceeding relating to an order made under section 156(b)(i). 155 When member may hear proceeding after presiding at a pre-hearing conference (1) A member who presides at a pre-hearing conference for a proceeding that attempts to promote a settlement of the proceeding— (a) may disqualify himself or herself from constituting the tribunal that hears the proceeding; and (b) must not constitute the tribunal that hears the proceeding if a party to the proceeding objects to the member hearing the proceeding. (2) At the end of a pre-hearing conference that attempts to promote a settlement of the proceeding the presiding member must advise the parties of their rights under subsection (1)(b). (3) An objection under subsection (1)(b) must be made within 48 hours of receiving the advice mentioned in subsection (2) or before the start of the hearing of the proceeding, whichever is the shorter period. 156 Failure of a party to attend a pre-hearing conference If a party does not attend a pre-hearing conference— (a) the conference may proceed at the appointed time in the party’s absence; and (b) if all the parties present agree, the tribunal may— (i) decide the proceeding adversely to the absent party and make appropriate orders; or (ii) direct that the absent party be struck out of the proceeding. 25 Section 79 (Contempt of tribunal)

s 157 77 Queensland Building Tribunal Act 2000 s 159 Division 8—Settlement Offers 157 Making settlement offers (1) A party to a proceeding may offer to settle the proceeding in so far as it relates to another party. (2) The offer must be made by signed writing served on the party to whom the offer relates. (3) A party may make more than one offer. (4) If an offer provides for the payment of an amount by a party to another person, the offer must state when the amount is to be paid and to whom. (5) Payment under subsection (4) may be into the tribunal’s trust account 26 to be disbursed in accordance with the terms of the settlement. 158 Effect of offer (1) An offer to settle under this division is taken to be an offer made without prejudice. (2) The tribunal must not be told of the offer until after it has made its decision on the matters in dispute. 159 Accepting settlement offers (1) An offer to settle must remain open until immediately before the tribunal delivers its decision, or until the expiry of a period stated in the offer, whichever is the shorter period. (2) If a period is stated, that period must be at least 14 days from the date of service of the offer. (3) A party can only accept an offer by serving the party who made the offer with a signed notice of acceptance of the offer. (4) A party may accept an offer even though it has made a counteroffer. 26 Section 163 (Trust account)

s 160 78 Queensland Building Tribunal Act 2000 s 161 160 Consequences if accepted offer is not complied with (1) This section applies if an offer is accepted, but the party who made the offer does not comply with its terms. (2) The tribunal, at the request of a party who accepted the offer, may— (a) make an order giving effect to the terms of the offer; or (b) if the party making the offer was the applicant— (i) dismiss the proceeding; or (ii) if a party who accepted the offer made a counterclaim before the offer was made, make an order awarding the party any or all of the things asked for in the counterclaim; or (c) if a party who accepted the offer is the applicant, make an order awarding the applicant any or all of the things asked for in the application. 161 Tribunal must order party to pay costs if certain offers to settle rejected (1) This section applies if— (a) a party to a proceeding serves another party to the proceeding with an offer in writing to settle the matters in dispute between the parties; and (b) the other party does not accept the offer within the time the offer is open; and (c) the offer complies with this division; and (d) in the opinion of the tribunal, the decision of the tribunal on the matters in dispute is not more favourable to the other party than the offer. (2) The tribunal must award the party who made the offer all reasonable costs incurred by that party in conducting the proceeding after the offer was made. (3) If a proceeding involves more than 2 parties, this section applies only if the acceptance of the offer would have resulted in the settlement of the matters in dispute between all the parties.

s 162 79 Queensland Building Tribunal Act 2000 s 163 (4) In deciding whether a decision is or is not more favourable to a party than an offer, the tribunal must— (a) take into account any costs it would have awarded on the date the offer was served; and (b) disregard any interest or costs it awarded relating to any period after the date the offer was served. PART 7—MISCELLANEOUS 162 Finance and stafﬁng of tribunal (1) The tribunal is part of the department for the FinancialAdministration and Audit Act 1977 . (2) However, the costs of the tribunal are to be paid from the authority’s General Statutory Fund under the Queensland Building Services AuthorityAct 1991 at the written direction of the Minister. 163 Trust account (1) The tribunal must maintain a trust account to receive and hold— (a) amounts paid to the trust account under sections 98 and 157; 27 and (b) amounts ordered by the tribunal to paid to the trust account for a proceeding. (2) The tribunal must pay amounts from the trust account— (a) for amounts paid to the trust account under sections 98 and 157, in accordance with those sections; and (b) for amounts ordered by the tribunal to be paid to the trust account for a proceeding, as ordered by the tribunal. (3) Interest on the trust account is to be applied to the cost of keeping the account with any balance relating to interest as at 30 June each year to be paid to the authority. 27 Sections 98 (Tribunal may make interim order) and 157 (Making settlement offers)

s 164 80 Queensland Building Tribunal Act 2000 s 168 164 Annual report (1) As soon as practicable each year, but not later than 30 September, the chairperson must give the Minister a report containing— (a) a review of the operation of the tribunal during the 12 months ending on the preceding 30 June; and (b) proposals for improving the operation of, and forecasts of the workload of, the tribunal in the 12 months following that 30 June. (2) The Minister must cause a copy of the report to be laid before the Parliament within 14 sitting days after its receipt by the Minister. 165 Proceedings for offences A prosecution for an offence against this Act is by way of summary proceedings under the Justices Act 1886 . 166 Limitation on time for starting summary proceedings A proceeding for an offence against this Act must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 3 years after the commission of the offence. 167 Penalties to be paid to authority All penalties recovered as a result of proceedings for offences against this Act brought by the authority must be ordered to be paid to the authority. 168 Contracting out prohibited (1) A contract or agreement is void to the extent to which it— (a) is contrary to this Act; or (b) purports to annul, exclude, restrict or otherwise change the effect of a provision of this Act.

s 169 81 Queensland Building Tribunal Act 2000 s 170 (2) Subsection (1) does not apply to an agreement that a building dispute be referred to arbitration if the agreement is entered into after the dispute arises. (3) Nothing in this section prevents the parties to a contract or agreement from including provisions in the contract or agreement that impose greater or more onerous obligations on a person than are imposed under this Act. (4) This section applies to contracts or agreements entered into before or after the commencement of this Act. 169 Executive ofﬁcers must ensure corporation complies with Act (1) The executive officers of a corporation must ensure the corporation complies with this Act. (2) If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure that the corporation complies with the provision. Maximum penalty—the penalty for the contravention of the provision by an individual. (3) Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure that the corporation complies with the provision. (4) However, it is a defence for an executive officer to prove— (a) if the ofﬁcer was in a position to inﬂuence the conduct of the corporation in relation to the offence—the ofﬁcer exercised reasonable diligence to ensure the corporation complied with the provision; or (b) the ofﬁcer was not in a position to inﬂuence the conduct of the corporation in relation to the offence. 170 Judicial Review excluded for minor domestic building disputes (1) The exercise by the tribunal of its powers in relation to a proceeding for a minor domestic building dispute is not subject to the Judicial ReviewAct 1991 . (2) Subsection (1) does not apply if—

s 171 82 Queensland Building Tribunal Act 2000 s 174 (a) the tribunal had or has no jurisdiction under the Act to hear and decide the proceeding; or (b) a breach of the rules of natural justice happened in relation to a party to the proceeding. 171 Proof of signature unnecessary A signature purporting to be the signature of the registrar or a member of the tribunal is evidence of the signature it purports to be. 172 Evidentiary aids (1) A certificate signed by the registrar certifying anything about the contents of the register is evidence of the thing stated. (2) A certificate by the registrar stating that a stated document is a record or document, a copy of a record or document, or an extract from a record or document, kept under this Act is evidence of the matter. 173 Protection from liability (1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. (3) In this section— “ofﬁcial” means— (a) a member of the staff of the tribunal; or (b) a person authorised under section 77 28 by the tribunal. 174 Forms The chairperson may approve forms for use under this Act. 28 Section 77 (Entry and inspection of property)

s 175 83 Queensland Building Tribunal Act 2000 s 177 175 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) Without limiting subsection (1), a regulation may set fees payable under this Act. (3) A regulation may impose a penalty of not more than 40 penalty units for a contravention of a provision of a regulation. 176 Rules (1) The Governor in Council may make rules about— (a) the practice and procedure in the tribunal; and (b) the conduct of the business of the tribunal. (2) A rule made under subsection (1) is subordinate legislation. PART 8—TRANSITIONAL PROVISIONS Division 1—Deﬁnitions 177 Deﬁnitions for pt 8 In this part— “commencement” means the commencement of this section. “former Act” means the Queensland Building Services Authority Act 1991 as in force from time to time before the commencement. “former member” means a member of the former tribunal. “former tribunal” means the Queensland Building Tribunal under the former Act.

s 178 84 Queensland Building Tribunal Act 2000 s 179 Division 2—Transitional matters 178 Proceedings started before commencement (1) A proceeding under the former Act started in a court or the former tribunal before the commencement must continue under the former Act as if this Act had not commenced and, for that purpose, the tribunal under this Act has the jurisdiction of the former tribunal. (2) To remove doubt, it is declared that a proceeding may be removed under section 97 29 of the former Act and if removed continues under the former Act. (3) The following proceedings may be heard and decided under the former Act by the tribunal as if it were the former tribunal— (a) a proceeding started under the former Act before the commencement; and (b) a proceeding removed to the tribunal under section 97 of the former Act. 179 Former member may continue to hear proceeding (1) A former member hearing a proceeding or doing anything else in relation to a proceeding under the former Act at the commencement may continue to hear the proceeding or do the thing after the commencement under the former Act. (2) For subsection (1), the former member is taken to constitute the tribunal. (3) For hearing a proceeding or doing anything else under the former Act a former member has— (a) for a former member not appointed as a member under this Act, the member’s entitlements under the former Act; or (b) for a former member appointed as member under this Act, the member’s entitlements under this Act. 29 QueenslandBuildingServicesAuthorityAct1991 , section 97 (Transfer of proceedings between tribunal and the courts)

s 180 85 Queensland Building Tribunal Act 2000 s 182 180 Proceedings that must continue in a court (1) This section applies to a proceeding started in a court before the commencement for which the tribunal has jurisdiction but the former tribunal did not. (2) The court must continue to hear the proceeding under the former Act. (3) The proceeding must not be removed to the tribunal. 181 Proceedings about matters arising before commencement to be dealt with under this Act (1) A proceeding for a matter arising before the commencement for which the tribunal has jurisdiction under this Act may be started in the tribunal after the commencement. (2) Subsection (1) applies even if the former tribunal would not have had jurisdiction under the former Act. (3) However, this section does not apply to a matter for which a proceeding is started before the commencement in a court or in the former tribunal. (4) A matter for which a proceeding is started before the commencement in a court or in the former tribunal must not be restarted under this Act. 182 Records of former tribunal All records of the former tribunal are taken to be records of the tribunal.

86 Queensland Building Tribunal Act 2000 SCHEDULE 2 DICTIONARY section 6 “applicant” see section 29. “approved form” means a form approved by the chairperson under section 174. “authority” means the Queensland Building Services Authority established under the QueenslandBuildingServicesAuthorityAct 1991 . “building” includes any fixed structure. “building contractor” means a person who carries on a business that consists of or includes carrying out building work, and includes a subcontractor who carries out building work for a building contractor. “building dispute” means— (a) a domestic building dispute; or (b) a minor commercial building dispute; or (c) a major commercial building dispute if the parties to the dispute consent to the dispute being heard by the tribunal under section 95. “building owner” means a person for whom building work is to be, is being or has been carried out, but does not include a building contractor for whom building work is carried out by a subcontractor. “building work” see section 7. “chairperson” means the chairperson of the tribunal. “commercial building dispute” means— (a) a claim or dispute arising between a building owner and a building contractor relating to the performance of commercial building work or a contract for the performance of commercial building work; or

87 Queensland Building Tribunal Act 2000 SCHEDULE 2 (continued) (b) a claim or dispute arising between 2 or more building contractors relating to the performance of commercial building work or a contract for the performance of commercial building work; or (c) a claim or dispute in negligence, nuisance or trespass related to the performance of commercial building work other than a claim for personal injuries; or (d) a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of commercial building work or a contract for the performance of commercial building work— (i) an architect; (ii) an engineer; (iii) a surveyor; (iv) a quantity surveyor; (v) an electrician or an electrical contractor; (vi) a supplier or manufacturer of materials used in the building work. “commercial building work” means building work other than domestic building work. “contract” means a contract for carrying out building work. “decision” includes an order or direction. “decision by default” , for part 6, division 2, see section 121. “defective” , in relation to building work, includes faulty or unsatisfactory. “disciplinary proceeding” means a proceeding under section 108. “domestic building contract” see Domestic Building Contracts Act 2000 , section 7. “domestic building dispute” means— (a) a claim or dispute arising between a building owner and a building contractor relating to the performance of domestic building work or a contract for the performance of domestic building work; or

88 Queensland Building Tribunal Act 2000 SCHEDULE 2 (continued) (b) a claim or dispute arising between 2 or more building contractors relating to the performance of domestic building work or a contract for the performance of domestic building work; or (c) a claim or dispute in negligence, nuisance or trespass related to the performance of domestic building work other than a claim for personal injuries; or (d) a claim or dispute arising between a building owner or a building contractor and any 1 or more of the following relating to the performance of domestic building work or a contract for the performance of domestic building work— (i) an architect; (ii) an engineer; (iii) a surveyor; (iv) a quantity surveyor; (v) an electrician or an electrical contractor; (vi) a supplier or manufacturer of materials used in the building work. “domestic building work” has the meaning given by the DomesticBuilding Contracts Act 2000 , except that for applying section 8(8) of that Act, the definition “excluded building work” in that Act is taken not to mean anything mentioned in paragraph (b), (c) or (d) of the definition. “executive ofﬁcer” , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. “expedited hearing” means an expedited hearing conducted under part 6, division 4. “ﬁle” means file in the tribunal. “licence” means a licence under the QueenslandBuildingServicesAuthority Act 1991 . “licensee” means a licensee under the QueenslandBuildingServicesAuthority Act 1991 .

89 Queensland Building Tribunal Act 2000 SCHEDULE 2 (continued) “major commercial building dispute” means a commercial building dispute where either the claim or the counterclaim exceeds $50 000. “member” means a member of the tribunal. “minor commercial building dispute” means a commercial building dispute where neither the claim nor the counterclaim exceeds $50 000. “minor domestic building dispute” means a domestic building dispute where neither the claim nor the counterclaim exceeds $10 000. “obstructs” includes attempt to obstruct. “party” means a party to a proceeding before the tribunal, including— (a) the applicant; and (b) the respondent; and (c) a person joined as a party under section 45. “proceeding” means a proceeding— (a) started by application to the tribunal; or (b) removed to the tribunal by order of a court under section 117. “public examination” means a public examination by the tribunal under part 5, division 4. “registrar” means the registrar of the tribunal. “respondent” see section 29. “reviewable decision” means a decision of the authority that is reviewable by the tribunal under section 104. “statutory insurance scheme” means the statutory insurance scheme under the Queensland Building Services Authority Act 1991. “subcontractor” means— (a) a building contractor that carries out building work for another building contractor; or (b) a building contractor that carries out building work for another person under a construction management trade contract under the Queensland Building Services Authority Act 1991 , section 67B. “summary decision” , for part 6, division 5, see section 131(1).

90 Queensland Building Tribunal Act 2000 SCHEDULE 2 (continued) “tribunal” means the Queensland Building Tribunal established under section 9.

91 Queensland Building Tribunal Act 2000 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 8 May 2002. Future amendments of the Queensland Building Tribunal Act 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = deﬁnition = division = expires/expired = gazette = heading = inserted = lapsed = notiﬁed = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

92 Queensland Building Tribunal Act 2000 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 1A Amendments included to Act No. 24 of 2000 to Act No. 24 of 2000 Reprint date 7 July 2000 19 January 2001 5 List of legislation Queensland Building Tribunal Act 2000 No. 10 date of assent 20 April 2000 ss 1–2 commenced on date of assent ss 45(3), 94–97, 117(2), 129, sch 2 def “building dispute” paras (b) and (c) commenced 1 January 2001 (2000 SL No. 157) remaining provisions commenced 1 July 2000 (2000 SL No. 157) amending legislation— Equity and Fair Trading (Miscellaneous Provisions) Act 2000 No. 24 pts 1, 12 date of assent 27 June 2000 commenced on date of assent Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2002 No. 13 ss 1, 124 sch date of assent 24 April 2002 commenced on date of assent 6 List of annotations Registrar’s functions and powers s 21 amd 2000 No. 24 s 44 Contempt of tribunal s 79 amd 2002 No. 13 s 124 sch PART 9—CONSEQUENTIAL AND OTHER AMENDMENTS pt hd g om R1 (see RA s 40) Amendments—sch 1 s 183 om R1 (see RA s 40)

93 Queensland Building Tribunal Act 2000 SCHEDULE 1—CONSEQUENTIAL AND OTHER AMENDMENTS OF QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 om R1 (see RA s 40) © State of Queensland 2002