In the Brisbane District Court on 25 January 2024, Paul Lawrence Coplick was convicted of unlawfully carrying out building work, fined $15,000 and ordered to pay compensation of $3,350 to a home owner.

Unlawfully carrying out building work is an offence under the Queensland Building and Construction Commission Act (QBCC Act) and attracts an escalating series of penalties for each offence.

For a third or subsequent offence, an offender is required to be prosecuted upon indictment before the District Court, as they are alleged to have committed a crime.

The QBCC had previously issued a Public Warning about Mr Coplick in January 2021 following allegations of unlawful conduct, including taking excessive deposits for building work.

Mr Coplick was previously convicted of unlawfully carrying out building work in January 2021 and February 2021, in the Brisbane and Ipswich Magistrates Courts.

In the most recent case, Mr Coplick pleaded guilty before his Honour Judge Rafter SC for unlawfully carrying out building work in relation to a property at Greenslopes, Brisbane.

He was warned by his Honour that if compensation was not paid by 24 July 2024, Mr Coplick would need to show cause why a 3-month prison term should not be enforced.

QBCC Commissioner, Anissa Levy, says this prosecution highlights the legal protection provided to Queensland home owners by the QBCC and should provide a deterrent to other unlicensed individuals.

“If you are not licensed to perform building work and you repeatedly perform work unlawfully, you face the prospect of prosecution and possible imprisonment.” Ms Levy says.

The QBCC strongly encourages consumers to always use the free licence check on the QBCC website to confirm that the person they are dealing with is appropriately licensed.

The QBCC website also offers a free “Find a Local Contractor” search, to help consumers find licensed, qualified, local tradespeople.

BACKGROUND

The QBCC disqualified Mr Coplick from holding a contractor’s licence from 13 February 2018 to 13 February 2021 because he had accumulated 30 demerit points in a 3-year period.

On 2 September 2020, Mr Coplick provided a quote to a home owner for concreting work to an amount of $8,350.00, with $3,350.00 to be paid as a deposit.

The same day, the home owner transferred the deposit of $3,350.00 to Mr Coplick.

However, Mr Coplick did not conduct any work and did not return the deposit.

The home owner subsequently lodged a complaint with the QBCC, leading to Mr Coplick’s conviction on 25 January 2024.

The case against Mr Coplick relates to section 42(1) of the QBCC Act:

42 Unlawful carrying out of building work

(1) Unless exempt under schedule 1A, a person must not carry out, or undertake to carry out, building work unless the person holds a contractor’s licence of the appropriate class under this Act.
Maximum penalty—

(a) for a first offence—250 penalty units; or
(b) for a second offence—300 penalty units; or
(c) for a third or later offence, or if the building work carried out is tier 1 defective work—350 penalty units or 1 year’s imprisonment.

(2) An individual who contravenes subsection (1) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment, commits a crime.

Generally, (however not always) a first offence may be dealt with by way of a penalty infringement notice, the second offence may be dealt with before the Magistrates Court and a third or later offence, upon indictment before the District Court.

While electrical work regulated under the Electrical Safety Act 2002 is not regulated by the QBCC, many electricians will hold a QBCC licence for other fire protection work. If you fit into this category, here is some information you may need to know.

Applying for a licence

As an occupational worker

If you are a licensed electrical mechanic seeking to hold a fire protection – electrical stream occupational – install and maintain – fire alarm systems licence, you may apply for the licence and rely on your electrical mechanic’s licence to meet the technical qualifications. Please note you do not require a QBCC licence to carry our electrical work on fire protection equipment.

Non-electricians can also apply for this occupational licence but will require a Certificate III in Fire Protection Control UEE31020 or a course the QBCC considers is at least equivalent.

As a contractor or nominee supervisor

Electrical mechanics may rely on their electrical mechanic licence to partly meet the technical requirements to hold a Fire protection- electrical stream– install and maintain– fire alarm systems class as either a contractor or nominee supervisor. In addition to their electrical mechanic licence, they will need to hold 15 mandatory units of competency.

Applicants who do not hold a current electrical mechanic licence must hold a Certificate III in Fire Protection Control UEE31020 (or equivalent) and 9 of the 15 units of competency.

Applicants for contractor and nominee supervisor licence types also need to meet experience, fit and proper, and managerial requirements. Applicants for contractor licences must also meet minimum financial requirements.

You can find more information about the current technical qualifications required and how to apply under fire protection – electrical – install and maintain – fire alarm systems licence class on the QBCC website. 

What are my upskilling requirements?

Occupational licence type

Licensees who already hold the fire protection – electrical stream occupational – install and maintain – fire alarm systems licence, may be subject to upskilling requirements if they transitioned from a former fire class on 1 May 2021. This includes those who applied for the former class and were approved for the new class after 1 May 2021.

The upskilling requirements vary depending on whether the licensee holds an electrical mechanic licence.

Licensed electrical mechanics who already hold a fire protection – electrical stream occupational – install and maintain – fire alarm systems licence will not be required to upskill.

Licensees who do not hold an Electrical mechanic licence issued under the Electrical Safety Office are required to show that they have completed the Certificate III in fire Protection Control (UEE31011) by 1 May 2025 to satisfy their Upskilling Requirements.

Contractor or nominee supervisor licence type

Licensed electrical mechanics in either the contractor or nominee supervisor licence type, must meet the upskilling requirement by 1 May 2025. This can be met through holding a current electrical mechanic’s licence and providing the following six units of competency:

• Prevent ozone depleting substance and synthetic greenhouse gas emissions (CPPFES2043A)
• Enter and verify programs for fire protection systems (UEEEC0026)
• Install fire detection and warning systems apparatus (UEEEC0041)
• Repairs basic electronic apparatus faults by replacement of components (UEEEC0060)
• Verify compliance and functionality of fire protection system installation (UEEEC0076)
• Install and maintain cabling for multiple access to telecommunication services (UEEDV0005)

For licensees who do not hold an electrical mechanic licence and have not completed the Certificate III in Fire Protection Control (UEE31011) before 1 May 2021, the additional competency unit of Inspect and test emergency and exit lighting systems (CPPFES2026A) will be required.

It is important to note that Licensees have until 1 May 2025 to provide documentation to the QBCC that they have completed the Upskilling requirements.

More information

If you have any questions about fire protection upskilling requirements or wish to lodge upskilling documentation, you can email them to fireupskilling@qbcc.qld.gov.au

The QBCC has established the Resilient Homes Fund contractor register to assist the Queensland Government's Resilient Homes Fund connect QBCC licensed builders who have interest and experience in resilient building materials and design, with Queenslanders looking to rebuild their homes.  

More than 5,000 homeowners impacted by the 2021-22 Queensland floods are ready to start rebuilding their home through the Resilient Homes Fund. Resilience works including retrofitting and house raising is needed on homes from the Gold Coast, out to Toowoomba and as far north as Rockhampton.

The Resilient Homes Fund contractor register is now open and taking applications from QBCC licensees in the following builder and building design classes:

• Resilient/Retrofit/Repair Works
  • Builder – Low Rise
  • Builder – Medium Rise
  • Builder – Open
  • Building Restricted to Alterations and Additions
  • Building Restricted to Non-Structural Renovations
• Home Raising
  • Builder – Low Rise
  • Builder – Medium Rise
  • Builder – Open
  • Building Restricted to Alterations and Additions
  • Building Restricted to Building Removal
• Preliminary Works
  • Builder – Low Rise
  • Builder – Medium Rise
  • Builder – Open
  • Building Design – Low Rise 
  • Building Design – Medium Rise
  • Building Design – Open 

If you are interested in promoting your business for this work, we encourage you to apply for the Resilient Homes Fund contractor register.

For more information about the Resilient Homes Fund, including a handy guide to the quoting process, visit the Resilient Homes Fund Toolkit for licensed contractors on the Queensland Government website. 
 

The State’s building industry regulator says 9,017 new licensees were approved by the QBCC in the 2021-2022 financial year, an increase of more than 1,200 on the previous financial year.

Meanwhile, the first five months of the 2022-2023 financial year, (1 July to 30 November 2022), has seen 3,264 applications approved for individuals or companies not previously licensed with the QBCC, taking the total number of licensed tradies in the State to 113,724.

QBCC Commissioner, Anissa Levy, says the increase in the number of licensees will provide reassurance to home owners.

“Home owners who hire a licensed contractor can have confidence their work will be done by a qualified and experienced professional,’’ Ms Levy says.

“Anyone considering hiring a contractor should always make sure they are licensed with the QBCC.

“Licensees play an important role in carrying out quality building work to the appropriate standards to ensure the safety of all Queenslanders.”

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

2022 was a busy year for the QBCC, which was quick to offer information and assistance to Queenslanders following the devastating and widespread flooding events in February.

The QBCC established an online Recover and Rebuild Tradie Register to connect property owners with local licensed contractors in the wake of the floods.

In the 2021-2022 financial year, QBCC officers also proactively inspected more than 1,300 active projects to help reduce defective work and identify potentially risky or dangerous products, to better protect the safety of consumers and building industry participants.

Meanwhile, the QBCC Contact Centre received more than 2,000 calls in relation to a temporary, independent mediation service which was launched in July 2021.

The Accelerated Builder/Consumer Dispute (ABCD) Framework, jointly launched by the QBCC and the Department of Energy and Public Works, assists property owners, builders and tradespeople navigating delays and cost imposts due to Australia-wide industry shortages.

To date, there have been 105 applications regarding industry shortages, with just one case still pending.

BACKGROUND

The breakdown of new licensees by region for both the 2021-22 Financial Year and from 1 July 2022 to 30 November 2022 is below:

New licencees