Riaz and Queensland Building and Construction Commission

The Queensland Building and Construction Commission (QBCC) refused Mr. Riaz's application for registration as a building practitioner. Mr. Riaz sought to rely on a licence he held in New South Wales under the *Mutual Recognition Act 1992* (Cth) (MRA). The QBCC's initial decision to grant registration was based on this NSW licence, but it was subsequently revoked by the NSW licensing authority before the QBCC's reviewable decision was made. The QBCC then affirmed its refusal to register Mr. Riaz. Mr. Riaz appealed this decision to the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue before Deputy President Rayment was whether the QBCC was entitled to refuse Mr. Riaz's application for registration, notwithstanding his prior NSW licence, given that the NSW licence had been revoked. This involved determining the proper application of the MRA in circumstances where a licence relied upon for mutual recognition was later found to have been granted in error and subsequently revoked. The Tribunal was required to consider the effect of the revocation of the NSW licence on Mr. Riaz's eligibility for registration in Queensland under the MRA.

Deputy President Rayment reasoned that the MRA operates on the basis of a licence being currently in force and valid. As the NSW licence had been revoked prior to the QBCC's reviewable decision, it was no longer a valid licence for the purposes of mutual recognition. The fact that the licence was initially granted in error and then revoked meant that Mr. Riaz did not, at the relevant time, hold an equivalent occupational licence in another state or territory that would entitle him to automatic registration in Queensland under the MRA. Consequently, the QBCC was entitled to refuse his application.

The appeal was dismissed, and the decision of the Queensland Building and Construction Commission to refuse Mr. Riaz's application for registration was affirmed.