QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009

Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 19 September 2024
- Act 23 of 2009

TABLE OF PROVISIONS

Long Title

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

129. Definition for div 4
130. Application of Limitation of Actions Act 1974
131. Monetary decisions
132. Non-monetary decisions

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

155. Particular documents to be given to Court of Appeal
156. Application of Judicial Review Act 1991

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

165. Constitution generally
166. Constitution of appeal tribunal
167. Choosing persons
168. Reconstitution
169. Disclosure of interests
170. Presiding member

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

243. Repeals

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

PART 1 - PRELIMINARY

244. Definitions for ch 7
245. What is a pending proceeding
246. Acts Interpretation Act 1954, s 20 not limited

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 AND VALIDATION PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR CIVIL PROCEEDINGS ACT 2011

284. Application of 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

PART 4 - VALIDATION

291. Failure of member to take or make oath

PART 5 - TRANSITIONAL PROVISION FOR RESPECT AT WORK AND OTHER MATTERS AMENDMENT ACT 2024

292. Retrospective operation of amended s 237
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback