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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - As at 1 February 2024 - Act 23 of 2009

- As at 1 February 2024 - Act 23 of 2009

Table of Provisions

CHAPTER 1 - PRELIMINARY

  • 1 Short title
  • 2 Commencement
  • 3 Objects
  • 4 Tribunal’s functions relating to the objects
  • 5 Act binds all persons
  • 6 Relationship between this Act and enabling Acts generally
  • 7 Application of Act if modifying provision in enabling Act
  • 8 Definitions

CHAPTER 2 - JURISDICTION AND PROCEDURE

PART 1 - JURISDICTION OF TRIBUNAL

Division 1 - Preliminary

  • 9 Jurisdiction generally

Division 2 - Original jurisdiction

  • 10 Generally
  • 11 Jurisdiction for minor civil disputes
  • 11A Calculating whether amount, value, damage or sum is more than particular monetary limits
  • 12 When jurisdiction for minor civil dispute exercised
  • 13 Deciding minor civil dispute generally
  • 14 Awarding interest for minor civil dispute
  • 15 When jurisdiction conferred by enabling Act exercised
  • 16 Functions for jurisdiction conferred by enabling Act

Division 3 - Review jurisdiction

  • 17 Generally
  • 18 When review jurisdiction exercised
  • 19 Exercising review jurisdiction generally
  • 20 Review involves fresh hearing
  • 21 Decision-maker must help tribunal
  • 22 Effect of review on reviewable decision
  • 23 Inviting decision-maker to reconsider decision
  • 24 Functions for review jurisdiction

Division 4 - Appeal jurisdiction

  • 25 Generally
  • 26 Jurisdiction for decisions of the tribunal
  • 27 When appeal jurisdiction exercised

PART 2 - PRACTICES AND PROCEDURES

  • 28 Conducting proceedings generally
  • 29 Ensuring proper understanding and regard
  • 30 Principal registrar to help parties and potential parties
  • 31 Related criminal or disciplinary action
  • 32 Proceeding by remote conferencing or on the papers

PART 3 - STARTING PROCEEDING

  • 33 Making an application
  • 34 Referring matter
  • 35 Acceptance or rejection of application or referral
  • 36 When proceeding starts
  • 37 Notice
  • 38 Prescribed fees

PART 4 - PARTIES TO A PROCEEDING

  • 39 Parties to original jurisdiction
  • 40 Parties to review jurisdiction
  • 41 Intervention
  • 42 Joining and removing parties
  • 43 Representation
  • 44 Use of interpreters and other persons
  • 45 General obligation of parties

PART 5 - PRELIMINARY DEALINGS WITH PROCEEDING

Division 1 - Early end to proceeding

  • 46 Withdrawal of application or referral
  • 47 Dismissing, striking out or deciding if unjustified proceeding or part
  • 48 Dismissing, striking out or deciding if party causing disadvantage
  • 49 Reinstatement of proceeding and restriction on new application or referral

Division 2 - Decision by default

  • 50 Decision by default for debt or liquidated demand of money
  • 50A Decision by default for unliquidated damages
  • 51 Setting aside decision by default
  • 51A Effect of application under s 51 on decision by default

Division 3 - Transfer

  • 52 Transfer to more appropriate forum
  • 53 Transfer from a court

Division 4 - Consolidation or sequence directions

  • 54 Consolidation
  • 55 Sequence
  • 56 Variation of direction

PART 6 - OTHER PROVISIONS ABOUT A PROCEEDING

Division 1 - Procedural powers

  • 57 General powers
  • 58 Interim orders
  • 59 Injunctions
  • 60 Declarations
  • 61 Relief from procedural requirements
  • 62 Directions
  • 63 Obtaining a document or thing from third parties
  • 64 Amending particular documents
  • 65 Dealing with documents and other things
  • 66 Non-publication orders

Division 1A - Conciliation

  • 66A Referral by tribunal or principal registrar
  • 66B Personal or representative attendance
  • 66C Purpose
  • 66D Function of conciliator
  • 66E Procedure
  • 66F Who may be a conciliator
  • 66G Disclosure of interests
  • 66H Member or adjudicator conducting conciliation
  • 66I Notification of outcome
  • 66J Inadmissibility of particular evidence

Division 2 - Compulsory conferences

  • 67 Direction by tribunal or principal registrar
  • 68 Personal or representative attendance
  • 69 Purposes
  • 70 Procedure generally
  • 71 Orders and directions generally
  • 72 Party fails to attend
  • 73 Member or adjudicator presiding
  • 74 Inadmissibility of particular evidence

Division 3 - Mediation

  • 75 Referral by tribunal or principal registrar
  • 76 Personal or representative attendance
  • 77 Purpose
  • 78 Procedure generally
  • 79 Who may be a mediator
  • 80 Disclosure of interests
  • 81 Member or adjudicator conducting mediation
  • 82 Notification of outcome
  • 83 Inadmissibility of particular evidence

Division 4 - Settlement and accepted offers to settle

  • 84 Settlement in compulsory conference
  • 85 Settlement at conciliation or mediation
  • 86 Settlement other than in compulsory conference or at conciliation or mediation
  • 87 Limitation on making order giving effect to settlement
  • 88 Effect of order giving effect to settlement
  • 89 Consequences if accepted offer to settle is not complied with

Division 5 - Hearings

  • 90 Public hearing
  • 91 Support person may be allowed in private hearing
  • 92 Notice
  • 93 Deciding in absence of person
  • 94 Expedited hearing
  • 95 Evidence
  • 96 Authorising taking of evidence
  • 97 Requiring witness to attend or produce document or thing
  • 98 Powers relating to witnesses
  • 99 Dealing with special witnesses

Division 6 - Costs

  • 100 Each party usually bears own costs
  • 101 Limitation for children
  • 102 Costs against party in interests of justice
  • 103 Costs against representative in interests of justice
  • 104 Costs against intervening parties
  • 105 Other power to award costs
  • 106 Costs awarded at any stage
  • 107 Fixing or assessing costs
  • 108 Staying proceeding
  • 109 Security

Division 7 - Assessors

  • 110 Appointment
  • 111 Helping the tribunal
  • 112 Costs for assessor
  • 113 Disclosure of interests

PART 7 - DECISIONS AND ENFORCEMENT

Division 1 - Making decision

  • 114 Conditions and ancillary orders and directions
  • 115 More than 1 member constitutes tribunal
  • 116 Deciding question of law
  • 117 Referring question of law to president
  • 118 Referring question of law to Court of Appeal
  • 119 Decision to be given within a reasonable time

Division 2 - Giving decision etc.

  • 120 Giving decision or notice to particular persons
  • 121 Giving final decision other than in an appeal
  • 122 Request for written reasons
  • 123 Transcript or audio recording is sufficient
  • 124 Confidentiality
  • 125 Publication

Division 3 - Effect of decision and its validity

  • 126 Effect of decision
  • 127 When decision takes effect
  • 128 Procedural defects etc.

Division 4 - Enforcing final decision

Division 5 - Renewal of final decision

  • 133 Application for renewal
  • 134 Renewed final decision

Division 6 - Correcting mistakes

  • 135 Tribunal may correct mistake

Division 7 - Reopening

  • 136 Application of div 7
  • 137 Definition for div 7
  • 138 Application to reopen
  • 138A Effect of application under s 138 on decision in proceeding
  • 139 Deciding whether to reopen
  • 140 Effect of decision to reopen
  • 141 No appeal until application finally dealt with

PART 8 - APPEALS ETC.

Division 1 - Appeals to appeal tribunal

  • 142 Party may appeal
  • 143 Appealing or applying for leave to appeal
  • 143A Referring matter to tribunal to consider reopening
  • 144 Transfer to Court of Appeal
  • 145 Effect of appeal on decision
  • 146 Deciding appeal on question of law only
  • 147 Deciding appeal on question of fact or mixed law and fact
  • 148 Giving final decision in an appeal

Division 2 - Appeals to Court of Appeal

  • 149 Party may appeal—decisions of tribunal
  • 150 Party may appeal—decisions of appeal tribunal
  • 151 Appealing or applying for leave to appeal
  • 152 Effect of appeal on decision
  • 153 Deciding appeal on question of law only
  • 154 Deciding appeal on question of fact or mixed law and fact

Division 3 - Miscellaneous

CHAPTER 3 - REASONS TO BE GIVEN FOR REVIEWABLE DECISIONS

  • 157 Information notice to be given
  • 158 Obtaining statement of reasons
  • 159 Tribunal order requiring statement of reasons be given
  • 160 Further statement

CHAPTER 4 - ESTABLISHMENT AND ADMINISTRATION

PART 1 - ESTABLISHMENT OF TRIBUNAL

  • 161 Queensland Civil and Administrative Tribunal
  • 162 Independence
  • 163 Operating throughout Queensland
  • 164 Tribunal is a court of record

PART 2 - CONSTITUTION OF TRIBUNAL

PART 3 - MEMBERS OF TRIBUNAL

Division 1 - General

  • 171 The members

Division 2 - The president and deputy president

  • 172 President’s functions generally
  • 173 Directions for president’s function about training
  • 174 Deputy president’s functions
  • 175 Appointment of the president
  • 176 Appointment of the deputy president
  • 177 Conditions of appointment
  • 178 Vacancy of office
  • 179 Resignation
  • 180 Acting president
  • 181 Acting deputy president
  • 182 Delegation

Division 3 - Senior members and ordinary members

  • 183 Appointment of senior members and ordinary members
  • 184 Criminal history checks
  • 185 Disclosure of changes in criminal history
  • 186 Conditions of appointment
  • 187 Resignation
  • 188 Removal from office
  • 189 Suspension
  • 190 Investigation of suspended member
  • 191 Acting senior members
  • 191A Acting ordinary members

Division 4 - Supplementary members

  • 192 Appointment of supplementary members
  • 193 Vacancy of office
  • 194 Resignation

Division 5 - Miscellaneous

  • 194A Period of office ends—finishing proceedings
  • 194B Member resigns—finishing proceedings

PART 4 - ADJUDICATORS

  • 195 Functions generally
  • 196 Independence
  • 197 Referring matters to president
  • 198 Appointment of adjudicators
  • 198A Judicial registrars are adjudicators for minor civil disputes
  • 199 Criminal history checks
  • 200 Disclosure of changes in criminal history
  • 201 Conditions of appointment
  • 202 Resignation
  • 203 Removal from office
  • 204 Suspension
  • 205 Investigation of suspended adjudicator
  • 206 Acting adjudicators
  • 206AA Application of ss 194A and 194B

PART 4A - DUAL APPOINTMENTS

  • 206A Dual appointment

PART 4B - QCAT JUSTICES OF THE PEACE

Division 1 - Preliminary

  • 206B Purpose of pt 4B
  • 206BB. (Repealed)
  • 206C Definitions for pt 4B
  • 206D Relationship with other provisions of Act

Division 2 - Constitution of tribunal by QCAT justices of the peace

  • 206E Tribunal may be constituted by QCAT justices of the peace
  • 206F Reconstitution
  • 206G Presiding QCAT justice of the peace

Division 3 - Decisions of QCAT justices of the peace

  • 206H Differing decisions of QCAT justices of the peace
  • 206I Deciding question of law
  • 206J Referring question of law to president
  • 206K Giving decision

Division 4 - General matters about tribunal constituted by QCAT justices of the peace

  • 206L Functions generally
  • 206M Independence
  • 206N Referring matters to president
  • 206O Appointment
  • 206P Criminal history checks
  • 206Q Disclosure of changes in criminal history
  • 206R Conditions of appointment
  • 206S Resignation
  • 206T Removal from office
  • 206U Suspension
  • 206V Investigation about suspension
  • 206W Acting QCAT justices of the peace

Division 5 - Application of particular provisions for pt 4B

  • 206X Purpose of div 5
  • 206Y Application of chs 1 and 2 provisions
  • 206Z Application of ch 4 provisions
  • 206ZA Application of ch 5 provisions

Division 6 - Other provision

  • 206ZB Hearing of matter after location stops being prescribed location

PART 5 - THE QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL REGISTRY AND ASSOCIATES

  • 207 Registry established
  • 208 Appointment of officers and staff
  • 209 Role of chief executive
  • 210 Principal registrar’s functions and power to delegate
  • 211 Registrar’s functions
  • 212 Principal registrar must disclose interests
  • 212A Associates to senior members

CHAPTER 5 - GENERAL

PART 1 - OFFENCES AND CONTEMPT

  • 213 Contravening decision
  • 214 Offences by witnesses
  • 215 Warrant may be issued if witness does not attend
  • 216 False or misleading information
  • 217 Influencing participants
  • 218 Contempt of tribunal
  • 219 Punishment of contempt
  • 220 Tribunal may exclude person
  • 221 Person not to be punished twice for same conduct
  • 222 Court’s powers relating to person contravening non-publication order

PART 2 - RULES COMMITTEE, RULES AND PRACTICE DIRECTIONS

  • 223 The rules committee
  • 224 Rule-making power
  • 225 Rules are exempt from automatic expiry
  • 226 Practice directions

PART 3 - MISCELLANEOUS PROVISIONS

Division 1 - Operation of tribunal

  • 227 Arrangements with ombudsman
  • 228 Oath of office
  • 229 Register of proceedings
  • 230 Record for proceeding
  • 231 Trust account
  • 232 Annual report

Division 2 - Confidentiality

  • 233 Confidentiality generally
  • 234 Further limitation on disclosure to a court etc.

Division 3 - Evidentiary provisions

  • 235 Appointment and authority
  • 236 Signatures and documents

Division 4 - Protection from liability

  • 237 Immunity of participants etc.
  • 238 Protection from civil liability

Division 5 - Other provisions

  • 239 Contracting out prohibited
  • 240 Review of Act
  • 241 Approved forms
  • 242 Regulation-making power
  • 242A. (Repealed)

CHAPTER 6 - REPEAL PROVISION

CHAPTER 7 - TRANSITIONAL PROVISIONS FOR ACT NO. 23 OF 2009

PART 1 - PRELIMINARY

PART 2 - TRANSITIONAL PROVISIONS ABOUT FORMER TRIBUNALS

Division 1 - Abolition and related matters

  • 247 Abolition of former tribunals
  • 248 QCAT is legal successor
  • 249 Assets and liabilities etc. of a former tribunal
  • 250 Proceeding not yet started by or against a former tribunal
  • 251 Proceeding to which a former tribunal was a party
  • 252 Existing final decisions of a former tribunal
  • 253 Records of former tribunals
  • 254 References to former tribunals etc.

Division 2 - Proceeding not yet started before former tribunal

  • 255 QCAT may deal with proceeding

Division 3 - Proceeding started before former tribunal

  • 256 Pending proceeding
  • 257 Other proceeding

Division 4 - Appeal against decision of a former tribunal

  • 258 Appeal yet to be started
  • 259 Appeal started
  • 260 Effect of court’s decision in appeal

Division 5 - Other matters

  • 261 Particular request of former Children Services Tribunal
  • 262 Annual reports for former tribunals
  • 263 Transferring membership of particular members
  • 264 Particular offences continue
  • 265 Confidentiality
  • 266 Particular penalties payable to particular entities

PART 3 - TRANSITIONAL PROVISIONS ABOUT CONTINUING ENTITIES

  • 267 Proceeding not yet started
  • 268 Proceeding started

PART 4 - CONDUCTING PROCEEDING FROM FORMER TRIBUNAL OR CONTINUING ENTITY

  • 269 Application of pt 4
  • 270 Definition for pt 4
  • 271 Conduct of proceeding generally
  • 272 Time limits
  • 273 Withdrawal of existing proceeding
  • 274 Related proceedings
  • 275 Inconsistencies and other difficulties

PART 5 - OTHER TRANSITIONAL PROVISIONS

  • 276 Information notices
  • 277 Initial rules
  • 277A The chief executive may approve forms for limited period
  • 278 (Expired)
  • 279. (Repealed)

CHAPTER 8 - VALIDATING PROVISION FOR PARTICULAR DECISIONS BY DEFAULT

  • 280 Declaration and validation concerning particular decisions by default

CHAPTER 9 - TRANSITIONAL AND VALIDATION PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2010

281. (Repealed)
  • 282 Validation relating to dual appointments

CHAPTER 10 - OTHER TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR CIVIL PROCEEDINGS ACT 2011

PART 2 - TRANSITIONAL PROVISIONS FOR QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL AND OTHER LEGISLATION AMENDMENT ACT 2019

  • 285 Definitions for part
  • 286 Existing motor vehicle matters before the tribunal
  • 287 Existing motor vehicle matters if proceeding not started
  • 288 Additional jurisdiction for existing motor vehicle matters if proceeding not started
  • 289 Transfer of particular tenancy matters

PART 3 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023

  • 290 Existing associates to senior members

CHAPTER 11 - (Repealed)

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