© Queensland Building and Construction Commission 2014. ABN 88 568 500 260 Queensland Government
Contractor offences
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Demerit points
How will I get demerit points?
Demerit points are issued if you don’t:
- pay Queensland Home Warranty Insurance premiums
- follow QBCC directions to rectify defective or incomplete work
- meet your legislative requirements
- pay judgment debts (i.e. debts ordered by a court or tribunal).
Demerit point amounts
Offences can attract anything from 2 to 10 demerit points, depending on the offence committed.
If you get 30 demerit points in a 3-year period, you can’t hold a licence for 3 years. If, within 10 years of the first disqualification, you again accumulate 30 demerit points over a 3-year period, you’ll get a lifetime disqualification.
Accumulating demerit points when you are not licensed will affect your ability to apply for a licence.
Demerit point offences
Queensland Building and Construction Commission Act 1991
|
Section of Act |
Description of Offence |
Demerit points applicable |
|
s.42B(1) |
Carrying out building work without a nominee |
10 |
|
s.42D |
Unauthorised fire protection work |
10 |
|
s.43(1) |
Company not ensuring personal supervision |
8 |
|
s.43(2) |
Individual not ensuring personal supervision |
8 |
|
s.43A(1) |
Company not ensuring adequate supervision |
8 |
|
s.43A(2) |
Individual not ensuring adequate supervision |
8 |
|
s.43B(2) |
Construction Manager Company not ensuring personal supervision |
8 |
|
s.43B(3) |
Construction Manager Individual not ensuring personal supervision |
8 |
|
s.43C(2) |
Construction Manager Company not ensuring adequate supervision |
8 |
|
s.43C(3) |
Construction Manager Individual not ensuring adequate supervision |
8 |
|
s.50C(4) |
Failing to comply with audit |
4 |
|
s.51A(1) |
Licensed contractor helping unlicensed contractor commit offence against section 42 |
10 |
|
s.51A(2) |
Licensed contractor using other's name, number or PIN |
10 |
|
s.51B(2) |
Licensed contractor contracting with unlicensed person |
8 |
|
s.53B(1) |
Providing false and misleading documents regarding financial requirements |
4 |
|
s.56(2)(b) |
Partnership with unlicensed person in contravention of section 56(1)(d) |
8 |
|
s.67G(1) |
No written contract (not domestic less than $10,000) |
4 |
|
s.67G(2) |
No written contract (not domestic more than $10,000) |
4 |
|
s.67G(3) |
Contract does not comply with formal requirements (not domestic) |
4 |
|
s.67I(4) |
Direction not in writing (commercial contracts) |
4 |
|
s.67V(1) |
Failure to warn that a contract is a construction management trade contract |
4 |
|
s.68(1) |
Failure to pay insurance premium for residential construction work (offences prior to 28 October 2016) |
4 |
|
s.68B(2) |
Licensed contractor failed to pay appropriate insurance premium (offences occurring on or after 28 October 2016) |
4 |
|
s.68B(3) |
Licensed contractor failed to pay appropriate insurance premium for speculative work (offences occurring on or after 28 October 2016) |
4 |
|
s.68C(2) |
Construction manager failed to pay appropriate insurance premium (offences occurring on or after 28 October 2016) |
4 |
|
s.73 |
Failure to comply with a direction to rectify or remedy |
10 |
|
s.106B(1) |
Failure to produce document |
8 |
|
s.108A(2) |
Failure to keep documents for 7 years |
4 |
|
s.108B(1) |
Providing false or misleading statement |
4 |
|
s.108C(1) |
Providing false or misleading document |
4 |
|
s.108C(3) |
Making false or misleading entry in document |
4 |
Queensland Building and Construction Commission Act 1991 - Schedule 1B (domestic contracts)
|
Section of Act |
Description of Offence |
Demerit points applicable |
|
Schedule 1B s.15 |
Failure to provide copy of contract for building owner including plans and specifications |
4 |
|
Schedule 1B s.16(2) |
Failure to provide copy of commencement notice |
2 |
|
Schedule 1B s.17(2) |
Failure to provide copies of certificate of inspection |
2 |
|
Schedule 1B s.18(2) |
Failure to provide consumer building guide |
2 |
|
Schedule 1B s.30 |
Work started before contract complies |
10 |
|
Schedule 1B s.31(2) |
Foundations data not obtained before entering into a contract |
4 |
|
Schedule 1B s.31(5) |
Failure to provide copy of foundations data to building owner |
2 |
|
Schedule 1B s.33(1) |
Excess deposits |
4 |
|
Schedule 1B s.34(1) |
Progress payments did not directly relate to work |
2 |
|
Schedule 1B s.40(2) |
Variations were not in writing |
2 |
|
Schedule 1B s.40(5) |
Variations were not in writing and signed by building owner before work started |
2 |
|
Schedule 1B s.41(1) |
Variation document failed to comply with formal requirements |
2 |
|
Schedule 1B s.42(2) |
Extension of time did not comply |
2 |
|
Schedule 1B s.42(3) |
Failure to provide signed copy of extension of time |
2 |
|
Schedule 1B s.43(2) |
Caveat lodged on resident owner |
4 |
Other demerit point matters
Queensland Building and Construction Commission Act 1991
|
Section of Act |
Demerit point matter |
Demerit points applicable |
|
s.67AW |
Non-payment of judgment debt |
10 |
Public records and demerit points
Demerit points are publically recorded on our on-line licence search and are removed three years from their date of issue.