Gerhardt v Queensland Building and Construction Commission

[2016] QCA 136

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeal from Appeal Tribunal
5. › Leave to appeal restricted to question of law
6. › Whether error of law in finding of unsatisfactory conduct
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)
1. Building and Construction Law
2. › Private certifiers
3. › Restrictions on granting building development approval
4. › Concurrence agencies
5. › Whether local government prescribed as concurrence agency
6. › Whether preliminary approval required before certifier's approval
7. › Building Act 1975 (Qld), ss 45, 46, 83(1)(d), 84(1)
8. › Sustainable Planning Act 2009 (Qld), ss 241, 247, 251
9. › Sustainable Planning Regulation 2009 (Qld), Sch 7, Table 1, item 17
1. Building and Construction Law
2. › Private certifiers
3. › Unsatisfactory conduct
4. › Issuing approval inconsistent with earlier development approval
5. › Whether findings of fact could be challenged on appeal limited to questions of law
6. › Building Act 1975 (Qld), ss 83, 84(1)

Quick Take

Section 83(1)(d) of the Building Act 1975 (Qld) requires only that the concurrence agency assess the relevant part of the application, not that any form of preliminary approval be issued by the concurrence agency. Whether a local government is a 'concurrence agency' is determined by the proper construction of the Sustainable Planning Regulation 2009, Sch 7, and does not depend on the local government making a separate declaration to that effect. A private certifier who issues a building development approval without the concurrence agency having first assessed the relevant part engages in unsatisfactory conduct.