Excluded Individuals and Permitted Individuals pursuant to the Queensland Building Services Act 1991

The Queensland Building Services Authority Act contains provisions designed to prevent Builders and Contractors from avoiding their financial obligations. The provisions were originally designed to prevent builders and contractors from entering in to bankruptcy or liquidation then immediately starting a new construction business.

The Queensland Building Services Authority may classify you as an Excluded Individual for a period of 5 years from an "insolvency event" such as being associated with a failed company or becoming bankrupt or entering into a Part IX or X. This means that you will not be allowed to hold or obtain a QBCC contractors licence.

Many contractors don't realise that you can be classified as an excluded individual even if the failed Company had nothing to do with the building industry. Contractors must also be aware that the Queensland Building Services Authority may classify you as an Excluded Individual because you were an "Influential Person"in relation to a company that has failed during the 12 month period leading up to the "insolvency event". Influential persons can include various people, including but not limited to former managers, financial controllers or major shareholders.

The excluded individual provisions provide that a contractor can be prevented from holding a QBCC contractor or Nominee Supervisor Licence, or being in a position of control or influence of a QBCC licensed company for a period of 5 years from the date of the "insolvency event."

If you are associated with 2 insolvency events you may face a life exclusion from obtaining a QBCC License in Queensland.

If you are deemed to be an Excluded Individual by the QBCC you have the right to have the decision reviewed however strict time limits apply to make the application for review. Reviews are heard in the Queensland Civil and Administrative Tribunal (QCAT).

If you become an Excluded Individual you can apply to the QBCC to become a "Permitted Individual" which means that you would be able to obtain a QBCC License, however the process is complicated and success is not guaranteed.

If the QBCC declines your application to be a "Permitted Individual" you also have the right to have that decision reviewed in QCAT but again strict time limits apply.

Lawyers Qld Building Solicitors have the knowledge and experience to guide you through this complicated process.

If you need legal advice on being and "Excluded Individual" or becoming a "Permitted Individual" call Lawyers Queensland building Solicitors on Brisbane 07 30365233 or 07 56770533.

Lawyers Qld Pty Ltd - Liability limited by a scheme approved under Professional Standards legislation. Disclaimer The content of this website is provided as an information source only and is not Legal Advice. If you have a Legal Problem, you should seek legal advice from a Lawyer. Lawyers Qld Pty Ltd believes that the information contained within this website is accurate as at January 2013 but accepts no responsibility for any errors or omissions and denies all liability for any expenses, losses, damages and costs you might incur due to the information being inaccurate or incomplete an any way. Lawyers Qld Pty Ltd 2013