On 29 March 2022, the Queensland Parliamentary
Counsel introduced the Building and Other Legislation
Amendment Bill 2022 (Qld) (Bill). If passed,
the Bill will mean that the current QBCC head contractor licensing
exemption will not be abolished as previously foreshadowed.
Additionally, a licence category may be introduced for head
contractors undertaking high-risk work.
A quick refresher: What is the head contractor licensing
exemption?
Section 42(1) of the Queensland Building Construction and
Commission Act 1991 (Qld) (QBCC Act) provides
that it is unlawful to carry out, or undertake to carry out,
building work without the appropriate licence.
An exemption to this requirement is contained in section 8,
Schedule 1A of the QBCC Act which provides that an unlicensed
person does not contravene section 42(1) of the QBCC Act if they
engage an appropriately licensed contractor to perform any building
work requiring a licence.
