An appeal concerning the application of the excluded individual provisions in s 56AC of the Queensland Building and Construction Commission Act 1991 (Qld), where the Act was amended between the date of the QBCC’s decision and the Tribunal’s decision on review.
The respondent was classified as a permanently excluded individual when he became an excluded individual for the second time, as a consequence of being an officeholder of two companies prior to the companies’ liquidation. Prior to the amendment of s 56AC(2)(c)(ii) of the QBCC Act which increased the relevant period to two years prior to a company’s liquidation, the respondent would not have been classified as an excluded individual for the second company event.
The Tribunal applied the earlier version of s 56AC(2)(c)(ii) that was in force at the time of the QBCC’s decision and set aside the QBCC’s decision in relation to the second company event.
On appeal, the Appeal Tribunal considered whether the amended provision created a complete liability and whether its application in this case would give the Act retrospective operation.
Rachel De Luchi appeared for the Applicant, instructed by Robinson Locke.
The judgment is published here.