West v Queensland Building and Construction Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

West v Queensland Building and Construction Commission [2019] QCAT 237

PARTIES:

AMY-ROSE WEST

(applicant)

v

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION

(respondent)

APPLICATION NO/S:

GAR284-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

22 August 2019

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

Matter GAR284-18 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where the applicant complained about a private certifier – where the respondent investigated the complaint – where the applicant sought external review of the decision of the respondent that the certifier had not engaged in unsatisfactory conduct or professional misconduct in the Tribunal – where the respondent applied to strike out the proceedings on the basis of lack of standing to bring an application for review in the Tribunal – where alternatively the respondent claimed the application should be struck out on the basis that the complaints lacked substance

Acts Interpretation Act 1954 (Qld), s 14(4)

Building Act 1975 (Qld), s 136(1), s 179(3)(d), s 180(a),
s 190(1), s 194, s 204(1), s 204(2)
Queensland Building and Construction Commission Act 1991 (Qld), s 86A, s 87
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47

Building Regulation 2006 (Qld), s 30(2)(a), s 31(1), s 31(2)

Allan v Transurban City Link Limited [2001] HCA 58

Alphapharm Pty Ltd v SmithKline Beecham (Australia) Pty Ltd [1994] FCA 996
Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development [2014] HCA 50
Control Investments Pty Ltd & Ors v Australian Broadcasting Tribunal [1980] AATA 78

McCrystal v QBCC [2018] QCAT 207

REPRESENTATION:
Applicant:	Self-represented
Respondent:	Self-represented by D McNulty, Solicitor
APPEARANCES:	This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. On 9 March 2017 a development approval was issued by a building certifier, Mr Dunn, authorising construction of an in-ground fibreglass swimming pool and pool fence at a property at Coolum Beach.

2. On 17 July 2017 another certifier, Mr Wibrow, was engaged to conduct a final inspection of the pool and fence. Mr Wibrow issued a form 17 final inspection certificate approving the pool and fence.

3. Ms West owns land next door. On 10 November 2017 she complained to the respondent (‘QBCC’) about the pool and fence and both certifiers.

4. QBCC dismissed the complaint against Mr Dunn.

5. In relation to Mr Wibrow, QBCC investigators determined that the certifier had not engaged in unsatisfactory conduct or professional misconduct.

6. Ms West sought internal review of that decision by review officers of QBCC. On 25 July 2018 QBCC made an internal review decision again concluding that the building certifier had not engaged in either unsatisfactory conduct or professional misconduct.

7. Ms West filed an application in the Tribunal seeking review of the QBCC internal review decision. QBCC has now brought an application asking that Ms West’s application to the Tribunal be dismissed or struck out pursuant…