Non-Conforming Building Products

What is a Safety Matter for the purposes of s54A?

This section applies if a licensee becomes aware of either of the following (each a safety matter) a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work;

or

a person carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening

  • a notice or injunction under the Work Health and Safety Act 2011, part 10; or
  • a notice or injunction under the Electrical Safety Act 2002, part 11A.

What is a notifiable incident?

A notifiable incident means:

  • the death or serious injury or illness of a person; or
  • an incident that exposes a person to a risk of serious injury or illness.

The example of an incident that exposes a person to risk of serious injury or illness in the Act is the collapse or partial collapse of a building.

When do you inform QBCC about notifiable incidents?

Licensees must notify QBCC (and WH&S) when a notifiable incident has occurred on a building site under the licensee’s control or on which the licensee is carrying out building work.

Licensees must notify QBCC (and WH&S and/or Electrical Safety Office) when a person is carrying out building or other work on a building site under the licensee’s control, or on which the licensee is carrying out building work, has contravened or is contravening:

  • A notice or injunction under the Work Health and Safety Act 2011 part 10 
  • A notice or injunction under the Electrical Safety Act 2002 Part 11A

The obligation to notify QBCC is on the Licensee when a safety matter has occurred on a building site which is:

  •  under the licensee's control; or 
  • on which the licensee is carrying out building work. 

The legislation states that QBCC must be notified in the fastest possible way by telephone or in writing (which can be via email or other electronic means). Licensees might also have other regulators, such as Electrical Safety Office and Queensland Health, that they need to notify depending on their circumstances. 

It is important to ensure the relevant regulators are all notified is because:

  • the issue may be associated with an entity that is licensed by a number of the different regulators involved; and
  • each of the respective regulators has different regulatory obligations in relation to such hazardous risks/situations.

Inform QBCC about a Notifiable Incident

See the Notifiable Incident Safety Matter Form

You can use this form to provide the relevant information to QBCC. Ideally the following information would be provided:

  1. Time of the event
  2. Date of the event
  3. Place of the event
  4. Was the site under the control of the licensee? 
  5. Who was injured or who breached the WH&S ES order? 
  6. If there was an injury was medical assistance called/is anyone hospitalised?
  7. Do they know why the event occured?