When can a complaint be lodged against a certifier?
BSA can only accept a complaint against a building certifier if it is in writing and takes the form of a statutory declaration. You are able to lodge a complaint where you believe that the certifier has engaged in unsatisfactory conduct or professional misconduct (in relation to the certifer's certifying functions - mandatory inspections, building work meets standards etc). You must be able to substantiate the complaint.
Can a complaint be lodged against a company?
No - A complaint can only be lodged against an individual certifer who is licensed, or previously licensed, (not against a company or business where the certifier works).
How is a complaint lodged?
1. Complete and return (via mail or in person) the Complaint Against a Certifier form.
2. Provide a copy of your complaint and supporting documentation (engineers reports, inspection certificates, approval notice, photographic evidence etc) that have been certified by a Justice of the Peace or Commissioner for Declarations (BSA will retain all original copies).
3. Ensure you have supplied a daytime telephone number - this will help during the investigation and facilitate contact.
Note - this process relates to complaints against certifiers ONLY. Should you wish to lodge a complaint to BSA in relation to a builder or trade contractor for defective building work click here.
What happens after a complaint has been lodged?
The certifier is provided with a full copy of complaint. Written submissions by the complainant and respondent are reviewed. Some site inspections may be carried out - dependent on the nature of the complaint. Mediation may also be recommended.
BSA may (under section 190 of the Building Act) dismiss a complaint if it does not contain the particulars of the complaint or is not verfied by statutory declaration.
Timeframes for the handling of a complaint depend on the time taken to review the written submissions, the nature and the subject of the complaint.
BSA can apply a decision against a certifier (under section 204 of the Building Act) for unsatisfactory conduct or professional misconduct. Where professional misconduct has been engaged in BSA must apply to the Queensland Civil and Administrative Tribunal to start disciplinary proceedings.
Confidentiality and Right to Information
Information provided to BSA during the complaint process is kept confidential. However information held by BSA (including the documents supplied and information gained during the resolution process) can be subject to an application for access under the Right to Information Act 1992 and the Information Privacy Act 2009. Information can only be released in accordance with the Act - click here for more information.
