› Validity of regulations — repugnancy to enabling Act
Building and construction law
› Home Warranty Insurance Scheme
› Exclusion of work on multiple dwellings over three storeys
Statutory interpretation
› Text and context
› Meaning of 'work on or for' a multiple dwelling
Quick Take
1The phrase 'work on or for a multiple dwelling' in s 26(a) of the Queensland Building and Construction Commission Regulation 2018 encompasses work carried out within an individual residential unit that forms part of the multiple dwelling, not merely work on the exterior or common property of the building.
2A regulation that draws a boundary on coverage within the scope of an enabling power is not ultra vires merely because the boundary might have been drawn differently; the three-storey threshold in s 26(a) reflects a policy choice committed to by Parliament and is not disproportionate to the enabling purpose.
3Under s 150(3) of the Queensland Civil and Administrative Tribunal Act 2009, leave to appeal will not be granted lightly given the applicant has already had two hearings in QCAT, and there must be reasonable prospects of demonstrating error on a question of law.
