The purpose of the Committee is to provide observations, strategic advice, and guidance to the QBC Board in relation to matters affecting the building and construction industry to achieve a reasonable balance between the interests of building industry practitioners and consumers.

Interested?

Here’s how to get involved:

1. Find out more about the role and scope of the Committee and the obligations of its members. Terms of reference (PDF, 225KB)
2. Find out how to submit your expression of interest.
3. Send your application by 5:00pm, 26 April 2024.
    

QBCC Commissioner Anissa Levy says Queensland is the only state to offer first resort home warranty consumer protection cover.

“Customers can face many challenges when a construction company collapses and there are contracts and incomplete projects they need to navigate,” Ms Levy says.

“One of the reasons the QHWS is in place, is to help protect homeowners when something like this happens.

“Last financial year, the QBCC approved claims totalling $36 million under the QHWS.

“This money helps thousands of Queenslanders who have been left with unfinished projects, or if a builder has failed to rectify defective works, or if their building has been affected by subsidence or settlement,” Ms Levy says.

The QHWS extends coverage for incomplete residential construction work where the homeowner has paid a deposit, but work has not started. In these circumstances, the scheme may refund the deposit to the homeowner.

Where work has started the QHWS may cover completion of the work up to a maximum of $200,000. The level of assistance the scheme can provide will be assessed on a case-by-case basis.

There are certain eligibility requirements for a non-completion claim. The contract must be validly terminated within two years of work commencing on site, and the claim must be made within three months of the termination. Homeowners are encouraged to seek legal advice about their contractual rights and obligations. Commissioner Levy is also reminding homeowners that claims can take time.

“Every claim is unique and approval times for claims will vary, depending on a range of factors. Simpler claims can be processed quickly (for example, deposit refunds where no work has started). However, more complex non-completion claims require careful consideration and may therefore take longer to assess.

“In all other states in Australia, a consumer has to wait until the builder is deceased, insolvent or is otherwise non-contactable, before a homeowner can make a claim, or exhaust all other options via a court process,” Ms Levy says.

For residential construction projects, the QHWS provides claims coverage of up to $200,000 for incomplete work, and up to $200,000 for defective work or subsidence-related issues post completion.

The work is covered for a period of 6 years 6 months. Further information about the Queensland Home Warranty Scheme is available on the QBCC website.

Oracle Building Corporation Pty Ltd

Queensland homeowners who have a contract with Oracle Building Corporation Pty Ltd Homes and have paid a deposit can make a claim under the Queensland Home Warranty Scheme.

With the consent of the appointed liquidators, the QBCC cancelled Oracle’s QBCC licence on Friday, 26 August 2022. This will save homeowners time and money because all contracts between Queensland homeowners and Oracle are ‘at and end’.

Consequently, it is not necessary for homeowners to terminate their contract with Oracle prior to making a claim under the QHWS.

There are time limits that apply to coverage under the QHWS. Affected consumers have until Monday, 28 November 2022 to lodge a claim for refund of deposit or for completion of their home.

Non-completion claims lodged after this date will not be eligible for assistance.

The annual reporting requirements, administered by QBCC, are an important measure to help protect consumers from financially unhealthy construction companies.

Licensees must have sufficient assets and the financial means to complete the work for the homeowners or builders they’re contracted to licensees who do not submit their reports to the QBCC face potential regulatory action, such as no-new-work conditions, licence suspensions, and licence cancellations.

QBCC Commissioner Anissa Levy says the licensees were in category SC1, with an annual allowable turnover of up to $200,000.

“The licensees were reminded several times to lodge their reports but failed to submit the required information which was due on 31 March 2022,” Ms Levy says.

“If they still fail to lodge their financial reports, their licences are scheduled to be cancelled on or around 19 September 2022.
Ms Levy says the majority of licensees had lodged their reports. 

Background

Annual financial reporting is required under the Minimum Financial Requirements (MFR) Regulation 2018.

The four owners of the buildings pleaded guilty in Brisbane Magistrates Court in May, June, and August in separate cases brought by the Queensland Building and Construction Commission (QBCC).

One owner was charged with three counts of failing to provide the QBCC a completed combustible cladding checklist, a Building Fire Safety Risk Assessment and a Fire Engineer Statement, in contravention of the Building Regulation 2006 (Qld).

The charges related to three separate private buildings, and resulted in a total of $15,000 in fines and an order to pay $750 in legal costs. 

The other three owners pleaded guilty to the same charges, in relation to their individual properties, and were fined $8,000, $7,000 and $5,000 respectively and ordered to pay legal costs.

QBCC Commissioner, Anissa Levy, said the Safer Buildings Program had helped create more certainty and safety in regard to construction materials used on Queensland buildings.

“These laws help protect us all in the buildings where we live, work and gather, and were introduced following the tragic death of 72 people in London’s Grenfell Tower,” Ms Levy says.

The QBCC is currently prosecuting a number of other private building owners in Queensland who have allegedly failed to submit the required documentation.

BACKGROUND
The Queensland Government introduced changes to the Building Regulation 2006, which commenced on 1 October, 2018.

The changes required owners of particular buildings to undertake an assessment of the material used on the external walls of their building using the combustible cladding checklist.
 
The checklist process is designed to identify which buildings are affected by combustible cladding and whether cladding rectification work is likely to be required to achieve an acceptable level of safety. 

The deadline for building owners to submit the checklist without penalty was 3 May, 2021.
 
Failure to submit the checklist is an offence and may result in regulatory action, including monetary penalties and prosecution in the Magistrates Court. 

The Jennings family approached the QBCC for help after problems arose with the renovations at their home in northwest Brisbane.

QBCC Commissioner, Anissa Levy says the regulator stepped in to get the renovation back on track for the Arana Hills family thanks to the Queensland Home Warranty Scheme (QHWS).

“It's always good to hear from one of our many satisfied customers. In this instance we had a family of five living in a home with several defects including unusable bathrooms,” Ms Levy said.

“Thanks to the QHWS, the QBCC, our partners Sedgwick Building Consultants and the rectification builders this family now have their renovations completed including three working bathrooms.”

Ms Jennings said she was thrilled to have their family home back in working order.

“It’s a welcome relief to have the work completed and we are very satisfied with the excellent job by the rectification builder and the QBCC kept us informed the whole way,” Ms Jennings said.

Commissioner Levy says Queensland is the only State to offer first resort home warranty consumer protection cover.

“Being a first resort limited scheme, the QBCC is the first port of call for consumers. If QBCC cannot resolve the issue, and the contractor is at fault, a claim is paid provided the statutory requirements are met.

“This process means that consumers are not required to take expensive and lengthy legal action against builders".

“Instead, the QBCC pays a claim within the limits of the scheme, and, wherever possible, takes recovery action against any person or company that is determined to be responsible for the debt.

“In all other states, the consumer has to wait until the builder is deceased, insolvent or is otherwise non-contactable, before a homeowner can make a claim, or exhaust all other options via a court process.”

Further information about the Queensland Home Warranty Scheme is available on the QBCC website.

BACKGROUND

For residential construction projects, the QHWS provides claims coverage of up to $200,000 for incomplete work, defective work or subsidence-related issues post completion.

The work is covered for a period of 6 years 6 months from when the contract is signed by the homeowner and the primary contractor.
In 2021-22, 150,171 Queensland Home Warranty Scheme polices were written. Of those contracts 119,682 (80 per cent) were for renovations and 30,489 (20 per cent) were for new construction.

In November 2021, the Department of Energy and Public Works commissioned an independent review into the governance arrangements of the QBCC.

The QBCC Governance Review Report along with the government’s response is now available here – QBCC Governance review | Department of Energy and Public Works.

To help ensure the QBCC’s success, the independent review has made 17 recommendations.

It is the intent of the Queensland Government that all recommendations are either supported, or supported in principle, noting further detailed analysis is needed for some recommendations before deciding the best approach to achieve the outcome being sought.

An implementation committee has already been established to effect changes spanning the QBCC’s structure, systems, capability, culture, processes, and performance.

It’s business as usual right now for the QBCC, and nothing changes if you’re a QBCC licensee or if you’re a homeowner with an active case. Any changes which may affect you will be communicated ahead of time.

Queensland Building and Construction Commission (QBCC) officers visited 37 building sites on the islands, conducting contractor licence checks and interviews.

As a result, a number of potential offences were detected, including unlicensed building work, non-compliant site signage and contracting with unlicensed persons.

The QBCC is currently undertaking further investigations into these matters, and anticipates that a number of fines and warnings will be issued as a result.

QBCC Commissioner, Anissa Levy, says compliance audits help ensure building work is performed by licensed, qualified contractors, which protects home owners from potentially defective, dangerous work.

“Unlicensed building work is illegal building work and potentially exposes current and future owners and residents to unacceptable risks,” Ms Levy says.

She says the coordinated, targeted audits on the islands demonstrates that the QBCC will take action against unlicensed individuals wherever and whenever necessary, to maintain a level playing field for licensees and to protect property owners.

“Our licensees are qualified, experienced individuals who must prove their financial status with the QBCC. These requirements help to ensure that their work will be completed and done to the appropriate standards and codes.”

During the compliance audit, QBCC officers also provided building information and advice to builders and property owners.

BACKGROUND

Unlicensed building offences can result in fines for an individual ranging between $2,757 for a first offence and up to $34,462.50 if prosecuted through a magistrates court.

Other offences can attract warnings, fines and/or education requirements, depending on the type and severity of the offence.

Cassandra Hicking was named the National Association of Women in Construction's (NAWIC) annual scholarship winner and this is the fourth year the Queensland Building and Construction Commission (QBCC) has sponsored the scholarship.

QBCC Commissioner Anissa Levy said the Australian Institute of Company Directors (AICD) scholarship would provide Mrs Hicking the opportunity to further her self-development.

“We know how important it is to have women represented in the building and construction industry but we also need to offer them support and encouragement along the way,” Ms Levy said.

“The QBCC has sponsored this scholarship since 2018 because we know how important it is to have women represented in this industry.”

Cassandra Hicking was named the QBCC’s 2022 winner of the AICD scholarship program.

Mrs Hicking, 42, owns CH Resourcing and said she was looking forward to continuing helping women gain employment, as well as confidence, from roles in the building and construction industry.

“I think women need to know there are many rewarding roles in the construction industry” she said.

“This type of awareness needs to start at a young age so women have more opportunities to consider when thinking about their career.”

Mrs Hicking has participated in NAWIC’s mentoring program, both as a mentor and mentee and is the program lead for education engagement at NAWIC.

NAWIC Queensland President Sheree Taylor said NAWIC’s vision had always been to have an equitable construction industry where women participated.

“The AICD scholarship is an important initiative to create a pipeline of talented women who are ideal future board members. This is a life-changing opportunity for our scholarship winner Cassandra,” Ms Taylor said.

“We are extremely grateful for QBCC’s ongoing support to NAWIC Queensland and for sponsoring this scholarship.”

The scholarship entitles Mrs Hicking to a 12-month membership with the Australian Institute of Company Directors, as well as completing their company directors’ course.