QCAT review of BPEQ decisions

The Queensland Civil and Administrative Tribunal (QCAT) cannot change legislation or take regulatory action. However, QCAT is independent of BPEQ and their review can lead to a new decision. BPEQ must adopt any decision made by QCAT (subject to any appeal rights).

What decisions can be reviewed by QCAT?

The following BPEQ decisions made under the Professional Engineers Act 2002 (Qld) (the “Act”) are reviewable:

• a person whose application for registration, or renewal or restoration of registration, is refused;

• a person whose application for renewal or restoration of registration is not accepted by the board under section 18(4) or 23(3) of the Act;

• a person whose registration is subject to conditions imposed by the board under section 13(2), 21(2), 25(2) or 27A(1) of the Act;

• a person whose registration is cancelled under section 29(4) of the Act;

• a person whose registration is immediately suspended under section 29A(2) of the Act;

• a person who is required to undergo a health assessment under section 35E(2) of the Act;

• a person who has been given, or is entitled to be given, an information notice about a decision to forfeit a seized thing under section 62W of the Act;

• a person who, under section 73(2)(c) or 75(2)(c) of the Act, has been cautioned or reprimanded;

• a person whose registration is subject to a condition imposed under section 73(2)(d) of the Act;

• a person who makes a complaint if the board decides, under section 73(2)(e) of the Act, to take no further action about the complaint.

Applying to QCAT

You can apply to QCAT for a review within 28 calendar days after the day you are notified of the original decision.

The appropriate forms and information on how to start a review in QCAT can be found on the QCAT website. Please be aware that some decisions are not reviewable by QCAT.