Excluded Individual/Licence Cancellation

Directors and company officers may receive a notice requiring them to show why disqualification should not occur under section 206F of the Corporations Act. Recipients can make submissions before a decision is made and, if necessary, seek review through the Administrative Appeals Tribunal (AAT).

Other professional and vocational registration decisions may also be reviewed by the AAT. For example, applications for renewal of registration as a tax agent are made to the Tax Practitioners Board, with review rights available if an application is refused.

The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction to review decisions made by government and statutory bodies, including matters relating to occupational regulation such as:

• Regulation of teachers;
• Proceedings under the Health Practitioner Regulation National Law (Queensland);
• Matters under the Queensland Building and Construction Commission Act, including licence cancellation proceedings and orders relating to excluded individuals;
• Disciplinary action against licensed real estate agents and salespersons.

Regulatory action can have significant consequences, including affecting a person’s ability to carry on a business or earn an income. It is important that these matters are addressed promptly and taken seriously.

These processes typically begin with a notice from the relevant authority outlining its proposed action, such as:

• Refusal to renew registration;
• Suspension or cancellation of registration;
• Declaring a person to be an excluded individual;
• Declaring a corporation to be an excluded corporation;
• Requiring information or submissions to show cause why an order should not be made.

Our Gold Coast litigation lawyers have extensive experience representing clients in these matters, including hearings before ASIC, the AAT and QCAT. Early engagement is important to ensure the decision maker is fully informed of all relevant facts.

If you have received a notice, contact our partner Justin Mathews, who holds specialist accreditation in commercial litigation, for advice.