Excluded Individuals

Pursuant to section 56AC of the Queensland Building Services Authority Act 1991 (‘the Act’) a Queensland Building Licensee is deemed to be an ‘excluded individual’ for the purposes of the Act following a personal insolvency event or involvement in a Corporate insolvency event.

The effect of this exclusion is that the Authority must not issue you with a licence for a period of five years from the relevant insolvency event unless you make representations to the Authority to become a permitted individual. Such representations must be made in writing to the Authority within 28 days of receiving notification of the exclusion.

The Queensland Building Services Authority (‘the Authority’) will normally advise in writing of the exclusion immediately following an external administration appointment.

Joba Management Services are highly experienced in preparing these applications. Our services in this regard include:

• Pre insolvency event advice to licensees and their advisors includiing insolvency strategy;

• Preliminary Prospects assessments for licensees and their advisors (including a consideration of the validity of the notices received);

• Preparation of Permitted Individual Applications;

• Preparation of QCAT reviews opposing the exclusion categorisation placed on an individual or Company (including pre review negotiation, if appropriate, with the QBSA);

• Preparation of QCAT reviews where the Permitted Individual Application is unsuccessful; and

• Litigation support to engaged solicitors on QCAT reviews (after initial filing of review).

We receive hundreds of enquires each year on these matters and have prepared the attached Frequently Asked Questions for the benefit of licensees and their advisors (click here).

Excluded Companies

Similarly, ongoing licensed entities associated with an 'excluded individual' are categorised as an 'excluded Company' under the Act requiring action to be taken.

Life Bans

Where two exclusions have arisen since 1999 the individual will be exposed to a life ban under the Act. It is irrelevant whether the insolvent entities were involved in the building and construction industry or not.

 Our Expertise

Permitted Individual Applications (and opposing exclusion categorisations), if performed correctly, are generally a hybrid of the disciplines of law, insolvency, accounting and of course building and construction.

Given our expertise in the relevant disciplines and the fact we have been specialising in this area for many years makes JOBA Management Services the obvious choice for contractors and their advisors. This is quite aside from the obvious commercial advantages of engaging a specialist suburban firm at a significant cost discount to CDB alternatives, should they in fact exist.

These are significant applications often involving many folders of information detailing insolvency and related analysis. For this reason, neither contractors or their advisors ought to delay addressing the issue.

We welcome the opportunity to work with contractors and their professional advisors in such matters.

Notable tribunal decisions we have prepared / ran in recent years include:

• Meredith v  QBSA [2010] QCAT 188 (27 April 2010); 

• Bohan v QBSA [2010] QCAT 404 (14 May 2010);

• Weldon v QBSA [2008] QCCTB 178 (26 September 2008); and

• Morsali-Yekan v QBSA [2008] QCCTB 237 (20 November 2008)*.

*JOBA Management Services only prepared the successful Company application. Third parties provided advice to client after the Company application was submitted.