Fit and proper

What does it mean to be fit and proper?  

In deciding whether you are fit and proper to hold a contractor’s licence, we consider: 

• your honesty and integrity in commercial and other dealings 
• any failure to carry out commercial or statutory obligations and the reasons behind the failure 
• whether you have done any Tier 1 defective work 
• whether you are an enforcement debtor under an enforcement order for an offence under the Queensland Building and Construction Commission Act 1991 (i.e. you have an unpaid infringement notice fine issued by the QBCC that is outstanding with SPER).
• whether you have had an interstate or New Zealand licence cancelled or suspended 
• any other relevant factor (e.g. criminal history). 

Criminal offence

Before you apply for a licence, you must tell us if you have been convicted of any criminal offence (excluding traffic offences) within the last 10 years.

• If you have any convictions, you must provide a National Police Certificate from an Australian State or Federal Police department
• If applicable, you must provide the details and current status of proceedings of any criminal offences which are yet to be decided by the courts.

What happens if I am not fit and proper? 

If we are not satisfied that you are fit and proper to hold a licence, we will issue you with a show cause notice. The show cause notice provides at least 21 days for you to provide further supporting documentation and submissions to demonstrate you meet the fit and proper criteria.

After considering any submissions made within the timeframe provided, if the QBCC is not satisfied you are fit and proper to hold a licence we may not grant you a licence, or we may suspend or cancel your existing licence.

Reviewing QBCC’s decision

If we refuse your licence application, or suspend or cancel your existing licence, because you are not fit and proper, you have the right to have that decision reviewed by Internal Review, or through Queensland Civil and Administrative Tribunal.