How will I get demerit points?
Demerit points are issued if you don't:
- pay home warranty insurance premiums
- follow QBCC directions to rectify defective or incomplete work
- pay judgment debts (i.e. debts ordered by a court or tribunal)
- meet your legislative requirements e.g.; licence lending, no contract or excess deposit
- supervision offences
- providing a false and misleading statement or information to the QBCC.
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.
If you are convicted of two or more demerit offences as a result of an investigation or audit by QBCC, the maximum demerit points that may be allocated for the convictions is 20. More demerit points may be allocated for offences discovered by later investigations or audits if the offences do not relate to the earlier investigation or audit.
Accumulating demerit points when you are not licensed will affect your ability to apply for a licence.
Demerit point offences
|
Section of Act
|
Description of Offence |
Demerit points applicable |
|
s.42B(1) |
Carrying out building work without a nominee |
10 |
| s.42C(1) | Unlawful carrying out of fire protection work | 10 |
|
s.42D(1) |
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.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.72AA(1) | Delay rectification work | 4 |
| s.72AA(2) | Obstruct rectification work | 4 |
|
s.73 |
Failure to comply with a direction to rectify or remedy |
Up to 10 |
|
s.105R(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 |
|
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 |
|
Section of Act |
Demerit point matter |
Demerit points applicable |
|
s.67AW |
Non-payment of judgment debt |
10 |
