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.

A team of highly skilled professionals from the QBCC Plumbing Investigations Unit were deployed to various building sites to ensure plumbing and drainage work is only carried out by appropriately licensed individuals.

QBCC Commissioner, Anissa Levy, says the QBCC is dedicated to ensuring plumbing and drainage work in Queensland is only carried out by licensed professionals, guaranteeing public health and the safety and quality of construction projects.

“As well as attending building sites, our Plumbing Investigations Unit has been providing licensees with important information to raise awareness of topical issues and increase collaboration," Ms Levy says.

"This campaign is not just about compliance; it also provides an opportunity for our team to engage with industry professionals, sharing important information on notifiable work, insurance requirements, and contractual obligations.

“By building strong relationships with the industry, we can collectively work towards fostering a culture of professionalism and compliance."

Recognising the important role of apprentices in the plumbing industry, the team also visited registered training organisations.

"Engaging with apprentices allows us to educate and empower the next generation of plumbing professionals. By instilling a strong understanding of licensing requirements and industry standards, we can lay the foundation for a highly skilled and compliant workforce.”

The QBCC Plumbing Investigations Unit also collaborated with local government bodies as part of their engagement activities.

"We are committed to working hand-in-hand with local governments to increase notifiable work inspections and promote compliance.

By joining forces, we can amplify our impact and ensure safer construction practices," says Commissioner Levy.

Using licensed plumbers and drainers is the best way to ensure your plumbing project complies with regulations and minimises unnecessary risk to your family's health and safety.

Check that your plumber is licensed by searching online or contacting the QBCC on 139 333.

Campaign Highlights:

• 75 licence checks/inspections conducted at 25 building sites (commercial and domestic).
• Two individuals suspected of performing plumbing work without an appropriate licence have been referred for further investigation.
• Visits to regional areas, including Cardwell, Etty Bay, Brandon, Ayr, Bowen, Strathdickie, Sugar Loaf, Cannon Valley, and Gumlu. Engaged with real estate agencies in Collinsville and Bowen to provide information on the use of licensed plumbers and notifiable work.
• Visited TAFE Qld in Cairns and addressed plumbing and drainage apprentices (second-year students) to provide general information about the QBCC, notifiable work, and licensing.
• Attended the MPAQ Trade Expo in Cairns and engaged with local government plumbing inspectors, including those from Cairns, Mareeba, and Cassowary Coast.
• Conducted two fire audits, one in Townsville and the other in Mackay. All individuals identified through service records/logbook held the appropriate licenses for fire protection work.

How building approval affects your claim for incomplete built work

When a claim for assistance to complete residential construction work under the Queensland Home Warranty Scheme (QHWS) is approved, progress of the claim is often restricted by missing certificates that relate to the built work finished before the termination of the original contract, such as:

• certificates for regulated stages of assessable development, prohibiting the progression of the work (Form 16), and/or
• aspect inspection certificates by appointed competent persons (Form 12) and aspect certificates issued by licensed subcontractors (Form 43) restricting issuing of a final certificate (Form 21 and Form 17 for Pools) or a certificate of occupancy (Form 11). 

Obtaining certificates and building approval

We have no power to assist with acquiring certificates for the building work carried out before the termination of your contract with the original contractor. Assistance for the cost of these certificates is expressly excluded from the QHWS terms of cover. 

Note:

• Undertaking the necessary building assessment work to decide if the building work complies with the building approval is the role of a building certifier.
• It is the landowner’s responsibility to acquire and maintain building approval, and to comply with the development approval conditions.
• Consumers must make their own arrangements to obtain any missing certificates for the built work. A final certificate may not be issued unless all the required certificates are lodged with your building certifier.

How we settle your claim for incomplete built work

While the QBCC can settle claims in a variety of ways, it is our position that the most appropriate way to settle claims is to pay an appropriately licensed contractor to complete or rectify the building work. The contractor is appointed by the QBCC following a tender process managed by the QBCC’s external building consultant. The appointed contractor that completes the work is responsible for providing certification for any building work carried out as part of the QHWS claim only.

If your circumstances indicate your claim may be suitable to be settled in another way, your claims officer will discuss the options with you and provide you with written details of the proposal. 

What you should do now

To avoid unnecessary delays to the progress of your claim you should contact the building certifier who provided the building approval to advise you about the building approval process and how to engage their services directly. 

When requesting a quote from the building certifier to re-engage their services request an itemised quote separating:

• certification of the building work carried out by the original contractor, and 
• certification of the new work, the work to be undertaken by the QBCC-appointed completing contractor.

By seeking an itemised quote from the building certifier, you may be entitled to claim for the cost of building approval for the new work, subject to the terms of your original contract and the QHWS. 

If you are unable to re-engage with the private certifier who issued the building approval, you should contact your local council for assistance with the appointment of a private certifier.

Commissioner and CEO Anissa Levy, Board Chair Michelle James, and Chief Building Regulator Angela Masson are setting a great example for women who aspire to have a career in the industry.

Anissa, a civil engineer by profession, and Michelle, a Principal and Director with law firm Maurice Blackburn, are highly accomplished leaders with extensive experience in their respective fields. Angela, a former prosecutor and corporate governance professional, has a strong background in major project infrastructure, regulatory reform, and delivery improvement processes.

Despite the fact that women account for only around 15 per cent of all people employed by construction firms, Anissa, Michelle, and

Angela are optimistic more women will be encouraged to consider a career in the building and construction industry.

Anissa, the QBCC’s first female CEO and Commissioner, celebrated one year in the top job in February, and is urging other women to consider a career in the building and construction industry ahead of International Women’s Day on 8 March.

“This industry can provide fantastic, interesting and challenging careers for women,’’ Anissa says.

“The roles are diverse and you can choose from being physical and on the tool and trade jobs to planning, architecture, design, project management, regulation and engineering.

“This is such a rewarding industry to work in. It is an industry that does something tangible, that has real impacts on peoples’ lives,

whether it is building homes that people live in, the places we work in or major infrastructure.”

The accomplished leader and senior executive with 30 years’ public and private sector experience across a range of roles, including as the inaugural CEO of Water Infrastructure NSW, says it is exciting to be working alongside fantastic and capable women.

“Unfortunately, there are still male-dominated industries that would be better off for having more balance, and that does not just apply to gender. I am proud to be part of an organisation with a Senior Leadership Team of nearly 50 per cent women, and a Board where four out of the seven members are females,’’ Anissa says.

“I hope this encourages women to see that any career is possible and to not let anything limit them.”

Angela was appointed as the inaugural QBCC Chief Building Regulator in August 2022 after working on Queensland’s largest infrastructure project – Cross River Rail.

“It is an exciting time for women in leadership and women in construction,’’ Angela says.

“There are still some barriers for women and it's not easy, but people are starting to look at what a female leader brings as her skill set, rather than the female leader being there as a token gesture.”

QBC Board Chair, Michelle has more than 20 years’ experience in personal injuries litigation and significant expertise in governance, not only as the QBC Chair but also as Director of Maurice Blackburn Lawyers and the Australian Lawyers Alliance.

Michelle served six years on the (Queensland Building and Construction) Board, three of those as Deputy Chair, before being appointed Chair in December 2022, and says employers are increasingly recognising that women bring a different perspective to work in the construction industry.

“There has never been a better time for women to get into the building and construction industry,’’ Michelle says.

“I would encourage any woman considering a career, to contact the Queensland Chapter of the National Association of Women in Construction (NAWIC).”

NAWIC is a not-for-profit organisation that seeks to promote and improve the construction industry through the advancement of women.