Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 170 individuals as part of an ongoing campaign around the State to stamp out unlicensed, illegal and defective work.

QBCC Commissioner, Anissa Levy, says another individual was suspected of hiring an unlicensed worker and officers detected a further 22 offences relating to non-compliant signage during the recent three-day audit of residential building sites.

“The three people suspected of performing unlicensed work and the builder suspected of engaging an unlicensed worker are now subject to further investigations which could result in prosecution,” Commissioner Levy says.

“The QBCC has zero tolerance for these illegal activities and there are significant penalties for anyone caught acting unlawfully.

“One of the reasons we take a tough stance in proactively identifying and preventing unlawful activity is to help protect owners and workers from financial risks or defective building work.

“Our compliance audits also ensure there is a level playing field for our licensees who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.”

Commissioner Levy says the QBCC’s audits are not just about detecting offending behaviour, as previous campaigns reveal the majority of individuals working on building sites are compliant.

“As most people are doing the right thing, our officers visiting building sites can focus on engaging with licensees and home owners to raise awareness of topical issues, provide them with advice on their rights and responsibilities, and information about the role of the QBCC,” she says.

“Building strong relationships with the industry and home owners, allows us to foster a culture of professionalism and compliance and it helps ensure safer construction practices."

Background

An individual or company caught working without a licence can be issued with fines of up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.

Public licence register

The QBCC website provides free information to help home and property owners find a qualified, licensed local contractor.

The Queensland Building and Construction Commission (QBCC) has banned Kevin Fleiner of PJC Business Consulting from being a ‘Qualified Accountant’ for the purposes of MFR reporting.

Mr Fleiner is excluded from providing MFR Reports but can provide annual financial reporting services to building industry clients.
Queensland is the only jurisdiction in the nation where the building regulator requires licensees to submit annual financial reporting information.

The privacy and confidentiality requirements of the Queensland Building and Construction Commission Act 1991 prohibit the QBCC from disclosing information that does not appear on a publicly available QBCC register.

Accountants excluded under the QBCC Act appear on the register of excluded accountants.

QBCC Commissioner, Anissa Levy, says financial reporting helps to provide reassurances about the financial wellbeing of a licensee, and an accountant’s role in preparing reports is an important one.

“Our strict financial reporting laws help protect industry members and home owners, so the QBCC carefully monitors information provided by accountants and takes exclusion action against accountants in appropriate cases,” Ms Levy says.

An accountant can be excluded by the QBCC if, within the previous three years, the accountant has:

• given information they knew to be false or misleading to a licensed contractor, or to the QBCC, in relation to a licensed contractor's satisfaction of the MFR, or
• failed to comply with the MFR in relation to information required to be given to the QBCC, or
• not complied with a requirement in a previous exclusion notice given to the accountant

The last time the QBCC excluded an accountant was in September 2020.

“We liaise regularly with accountants and their representative bodies to ensure they are aware of their responsibilities regarding MFR reporting and any other relevant legislation,” Ms Levy says

The QBCC provides regular educational newsletters to accountants and meets quarterly with leading accountancy organisations, the Institute of Public Accountants, Chartered Accountants Australia and New Zealand, and Certified Practising Accountants.

Sixty-four Queensland Building and Construction Commission (QBCC) officers checked the licences of almost 4,000 workers as part of the Statewide campaign in October and early November.

QBCC Commissioner, Anissa Levy, says during the four-week blitz, which extended from the far north to the Gold Coast, officers looked at everything from home renovation projects to new builds.

“The rate of suspected unlicensed contracting detected during the blitz was just 1.86 per cent, showing that the majority of workers are doing the right thing and Queenslanders should feel confident that their homes are being built by people with the appropriate skills and qualifications,” Commissioner Levy says.

“However, the 73 people suspected of performing unlicensed work are now subject to further investigations which could result in prosecution.”

Commissioner Levy says the people suspected of unlicensed contracting were a mix of experienced and inexperienced individuals.

The unlicensed activity included work involving brick and block laying, carpentry, concreting, plumbing and drainage, painting and decorating, roof and wall cladding, structural landscaping, wall and floor tiling and waterproofing.

“In addition to the suspected unlicensed workers, our officers detected a number of minor offences in each region, resulting in warnings or educational letters,” Ms Levy says.

QBCC officers are preparing to issue more than 200 letters about non-compliant signage.

Commissioner Levy says proactive campaigns like this are conducted to help the QBCC ensure the construction industry is meeting its obligations regarding licensing, including the use of appropriately licensed subcontractors.

“We also take the opportunity during these campaigns to provide educational advice to licensees and to inform home owners of their rights and responsibilities, and about the role of the QBCC,” Commissioner Levy says.

“On this particular campaign our officers distributed more than 2,000 information pamphlets to workers on sites.”

Unlicensed contracting and improper use of a licence were among the five most common offences investigated by QBCC officers around the State in the last financial year.

During 2022-2023, the QBCC investigated 735 people for unlicensed contracting and 204 people were investigated for improper use of a licence.

Commissioner Levy says the QBCC has zero tolerance for these illegal activities and there are significant penalties for anyone caught acting unlawfully.

“One of the reasons we take a tough stance is to protect home owners and workers on construction sites. By proactively identifying and preventing unlawful activity, we are helping to keep everyone safe,’’ she says.

“It also ensures there is a level playing field for our licensed contractors who are doing the right thing by obtaining qualifications and experience and providing the QBCC with evidence of their financial stability each year.

“Another reason we take such a tough stance is to make sure home owners are aware of, and not forgoing their access to Australia’s most accessible home warranty scheme, the Queensland Home Warranty Scheme, administered by the QBCC.”

Background

An individual or company caught working without a licence can be issued with fines up to $3,096 or prosecuted in court. Repeat offending can lead to imprisonment for up to a year.