Under section 72 of the Queensland Building and Construction
C
ommission Act 1991 (Qld) (QBCC Act),
the Queensland Building and
Construction Commission (QBCC), is able to
direct a person who carried out building work to rectify such work
if it is defective or incomplete. The QBCC Act also sets out
mechanisms regarding when a direction can be given and how long the
QBCC must give a contractor to rectify such work.
What needed rectifying?
Subsection 72(2A) of the QBCC Act previously provided that the
QBCC must make a direction to rectify (DTR) before
the end of 'the period prescribed by regulation.'
In addition, subsection 72(4) of the QBCC Act provided that the
period stated in the DTR – within which the contractor is to
rectify defective building work, must be 'the period prescribed
by regulation' unless the QBCC is satisfied that the defect
would cause substantial losses, or pose a significant hazard to
health, safety or the environment if rectification was
