Is there a time limit for making a complaint?
Domestic Building Contracts Act (DBCA) Offences - Under s52 of the Justice Act 1886 a prosecution for a simple offence must be made within one year from the date the offence was committed. To allow for investigation time BSA requests that complaints relating to Domestic building work be made within nine months of the offence date, which in most cases will be the date the contract was entered into.
Queensland Building Services Authority (QBSA) Act - Prosecution must be made within two years from the date the offence was committed or one year from the date BSA first become aware of the offence (whichever is later). To allow for investigation time BSA requests that complaints be made within 18 months of the offence date or within nine months from the date of first notification of the offence to BSA.
What if BSA can not investigate the complaint?
Where BSA can not take action you may still have civil rights you can pursue which are not subject to the same limitations of actions. You should seek legal advice in relation to any civil remedies.
Why do I have to provide my details?
BSA may need to contact you about the investigation. Sometimes more information is required and where prosecution is commenced it is vital to obtain a statement from you. Anonymous complaints will not be investigated.
Why are the contractor's details important?
If BSA can not successfully identify or locate the alleged offender no action can be taken. It is also helpful to find out how you came into contact with the contractor and potentially identify patterns of rogue behaviour.
Why are the site details important?
This will help BSA determine the type of construction being carried out (exempt, domestic or residential work).
What evidence is required?
It is important to provide all documentary evidence you can in relation to the offence. This evidence must prove beyond reasonable doubt who by, when and where the offence was committed. If BSA can not prove all aspects of the alleged offence BSA is unable to proceed.
Do not send original documents - BSA can not return documents.
Any documents provided by you will be destroyed pursuant to Principal 7 - Information Standard 40.
How long will it take to investigate?
Compliance aim to investigate complaints in a timely manner. It is not possible to provide a time frame as there are many factors to consider in any investigation.
You will receive acknowledgement of receipt of your complaint and at investigation completion, or where your complaint does not meet the criteria, you will be notified of this fact and the reason for the non investigation decision. BSA may contact you during the investigation.
BSA Discretion
Any action taken against a contractor is independent to any contractual issues or civil action you may take against the contractor. The purpose of any action BSA takes is in relation to disciplinary action and depending on the severity of the offence this action can include official warnings, infringement notices (fines), prosecution in a court or disciplinary action in the QCAT. BSA may also suspend or cancel a contractors BSA licence. Any action taken is based on several factors and is solely the decision of BSA.
How is a complaint lodged?
You must complete and return the Notification of Offence form - BSA will NOT accept a complaint related to any of the above offences in another format.
You can return your complaint by post, fax, in person at your nearest BSA office or via email. Note - where emailing your complaint to ComplianceComplaints@bsa.qld.gov.au you will need to complete and print the form and scan all documents (form and evidence) and attach them to the email (BSA can only accept documents in a PDF format and your email should not be larger than 8MB).
All information gathered is on a confidential basis. The information you provide will only be used to investigate your complaint or for surveying purposes to assist us in improving our services. Note - some information may be used in taking disciplinary action against an offender and may indicate the origin of the complaint and you may be required to give evidence in court.
Right to Information
The information collected may be requested by other government agencies which have certain powers to request information or disclosed by order of a Court or Tribunal of competent jurisdiction.
All information held by BSA may be subject to application for access under the Right to Information Act 2009 and the Information Privacy Act 2009.
Forms
Notification of Offence Form
