BSA Licensing fact sheet: Excluded persons and permitted Individuals
If you are a licensed builder then you need to be aware of the potential consequences if you are declared bankrupt including with respect to your role as a director, secretary or influential person of a company that is wound up (an event).
When an event occurs the Queensland Building Services Authority (QBSA) will deem the person to be an “excluded individual” pursuant to section 56AC of the Queensland Building Services Authority Act 1991 (Act).
What are the consequences of this occurring with the QBSA?
Where one event occurs the effect of this will be that the person will be an excluded individual for a period of 5 years unless you can make appropriate submissions to the QBSA to have you deemed to be a permitted individual. This application must be made to the QBSA within 28 days after you receive notice from the QBSA that they intend to deem you an excluded individual. Where a second or subsequent event occurs you receive a second or subsequent notices from the QBSA. The QBSA has the power to deem you an excluded person for life. This means that you can never be a licensee or a director or secretary of a licensee company for the rest of your life. Once again you have 28 days from the date that you receive notice of the QBSA’s intention to deem you an excluded individual, to make an application to the QBSA that you should be categorised as a permitted individual.
Where you receive such an exclusion notice you should immediately contact your professional advisors so that steps can be taken to determine whether you should make such an application and to properly prepare the application on your behalf. There are a variety of factors which must be considered to comply with the requirements of the legislation and give you the best chance of succeeding in your application.
The QBSA has considered my application and it has been refused, what do I do next?
Where the QBSA decides that it will not categorise a person as a permitted individual, that person is at liberty to apply for a review of that decision through the Queensland Civil and Administrative Tribunal (QCAT).
The purpose of this application is for the QCAT member to conduct a new review of the matter to decide if the QBSA decision should have been to categorise the person as a permitted individual.
These are important and complicated applications and once again you should instruct competent lawyers to act on your behalf in the application.
Streten Masons Lawyers have extensive experience in acting for licensees making applications to be categorised as a permitted individual with both the QBSA and QCAT. Contact us today to discuss your requirements.