Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 255

255 QCAT may deal with proceeding

(1) This section applies if—

(a) immediately before the commencement, a person could have started a proceeding for a matter before a former tribunal within a particular period (the
"prescribed period" ); and

(b) at the commencement, the person has not started the proceeding.

(2) QCAT has jurisdiction to deal with the matter under this Act.

(3) A proceeding for the matter may be started under this Act—

(a) within the prescribed period; and

(b) in the way the proceeding could be started if the matter had arisen after the commencement.

(4) If a proceeding for the matter is started under this Act, QCAT must deal with the matter under this Act and has, and only has, functions under this Act or an enabling Act in relation to the matter.

(5) If the matter is an appeal against a decision that could have been started as mentioned in subsection (1) (a) , the decision that could have been appealed against is a reviewable decision for applying this Act to the proceeding under subsections (3) and (4) .

(6) This section does not apply to an examination under the Small Claims Tribunals Act 1973 , section 23A .

(7) Subsections (4) and (6) apply despite the Acts Interpretation Act 1954 , section 20 .