Stephenson v QBCC

[2017] QCAT 212

CITATION:

Stephenson v QBCC [2017] QCAT 212

PARTIES:

Michael Stephenson
(Applicant)

v

Queensland Building and Construction Commission

(Respondent)

APPLICATION NUMBER:

GAR312-16

MATTER TYPE:

General administrative review matters

HEARING DATE: 

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Rogers

DELIVERED ON:

20 June 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.   The Scope of Works decision dated 6 October 2015 is a reviewable decision.

2.   The time for filing an application to review the decision dated 6 October 2015 is extended to 19 December 2016.

3.   The letter dated 5 October 2015 is not a reviewable decision.

4.   The application to review the IRU decision of 23 November 2016 is dismissed.

CATCHWORDS:

PROFESSIONS AND TRADES – BUILDERS – STATUTORY INSURANCE SCHEME – Scope of Works decision – where scope of works decision made – where subsequent letter notified issues outside of claim – where applicant sought internal review of subsequent letter – whether each is a reviewable decision

Queensland Building and Construction Commission Act 1991 (Qld), s 86(1)(g)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 21(1)

Aramac Constructions Pty Ltd v Queensland Building and Construction Commission [2015] QCAT 364
Brown & Brophy v Queensland Building Services Authority & Thompson [2005] CCT Q200-04
Queensland Building and Construction Commission v Watkins [2014] QCA 172
Sanders vQueensland Building and Construction Commission [2014] QCAT 192

Watkins v Queensland Building Services Authority [2013] QCAT 535

APPEARANCES:

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

REASONS FOR DECISION

1. Mr Stephenson contracted with a builder for the construction of building works. In April 2015 he lodged a claim with the Queensland Building and Construction Commission (‘QBCC’) for defective and incomplete work under the contract. A Home Owners Warranty Assessment Report was completed on 18 August 2015 and a decision about the scope of works was made by Chris O’Shannessy of QBCC on 6 October 2015 (the ‘Scope of Works decision’). That decision included a notice advising Mr Stephenson of a right of review to this Tribunal.

2. Following the Scope of Works decision there was ongoing discussion between Mr Stephenson and the QBCC. Mr Stephenson sent a letter dated 12 September 2016 advising that the original Scope of Works decision would not adequately address the extensive issues at the site, referring to both the issues that had been previously identified and to various defect areas not mentioned in the scope of works, some of which had only emerged recently.

3. On 5 October 2016 Marie-France Wellington of the QBCC wrote back stating that the issues which had emerged recently would require a new claim and then referred to the appeal rights under the original decision. Mr Stephenson responded on 17 October seeking an internal review of the 5 October 2016 ‘decision’ by Marie-France Wellington on the ground that it did not respond to the substantive issues raised in his previous letter.

4. On 23 November Nancy Alexander of the QBCC Internal…