I have lodged a FORMAL COMPLAINT - UNLAWFUL POLICY with the QBCC.  My complaint is in the 'public's best interest' and consists of:

Re: FORMAL COMPLAINT – Unlawful Policy

In February 2021 Mr Chris McMahon the then Director of Compliance and Enforcement introduced and approved a new policy which is not in line with the Queensland Parliaments intent to this legislation.

Within the QBCC’s Compliance Investigations Unit Procedures Manual it states:

“In February 2021, a new policy was approved/introduced by the Director, Compliance and Enforcement whereby all A05 appointed Compliance Investigators have approval to issue warnings for all offences”.

In section 115B of the QBCC Act 1991, addresses the powers of the Commissioner to initiate a policy. It states:

(1) The commissioner may make a policy to give guidance about—

(a) compliance with this Act; or

(b) making decisions under this Act; or

(c) consumers’ and licensees’ rights under this Act; or

(d) enforcement of this Act.

(2) However, the policy does not take effect until approved by regulation.

(3) The commissioner must—

(a) publish the policy on the commission’s website; and

(b) keep copies of the policy available for inspection, free of charge, at the commission's office when the office is open to the public; and

(c) if asked, advise where copies of the policy may be obtained.

It is my standpoint that Mr McCahon as the Director, Compliance and Enforcement did not have a legislated ability to implement policy that supersedes the QBCC Act 1991. Mr McCahon’s policy was not approved by regulation.

The ICB knows or should know that Mr McCahon does/did not have a legislated ability to implement policy that supersedes the QBCC Act 1991. The ICB knows or should know that Mr McCahon’s policy has also not been approved by regulation.

This policy is clearly opposing the intention of Parliament, and its application must result in material losses(1) to the State.

The Queensland Audit Office (“QAO”) outlines Material Loss on its website where it states:

“Section 16(3) of the Financial and Performance Management Standard 2019 requires the accountable officer or statutory body to notify the Auditor-General of a material loss. Material loss is defined in the schedule as:

·        for property that is money—a loss of more than $500

·        for other property—a loss valued by the accountable officer of the department or the statutory body at more than $5,000.

Section 307A of the Local Government Regulation 2012 requires the chief executive officer (CEO) to notify the Auditor-General of a material loss that is a reportable loss. Material loss and reportable loss are defined as:

Material loss, for an asset belonging to a local government, means:

(a) for money - a loss of more than $500

(b) for any other asset—a loss valued by the chief executive officer at more than $1,000.

Reportable loss, for an asset belonging to the local government, means a loss resulting from:

(a) the commission of an offence under the Criminal Code or another Act

(b) the corrupt conduct of a councilor, local government employee or local government worker 

(c) conduct of a contractor of the local government that would be corrupt conduct if the contractor were a councilor, local government employee or local government worker.”

It is my standpoint that Mr McCahon’s policy of February 2021, is:

·        unlawful and any application of the policy has likely resulted in a material loss that must be reported to the QAO.

·        a clear breach of s99 (2)(e) of the QBCC Act.

Section 99 of the QBCC Act serves to protect members of the public.

The application of this unlawful policy could cause significant detriment to members of the public by misrepresenting s99 of the Act.

I tender its approval and introduction; subverts the intent of Parliament and the protections it was proposed to provide to members of the public.