Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 268

268 Proceeding started

(1) This section applies if, before the commencement, a person has, under an enabling Act or another Act as in force before the commencement (the
"former Act" ), started a proceeding before a continuing entity for a QCAT matter.

(2) The continuing entity must hear, or continue to hear, and decide the matter under the former Act, and the former Act and other relevant laws apply as if the QCAT Amendment Act had not been enacted.

(3) The continuing entity’s decision in the proceeding has effect, or must be given effect, in the way the continuing entity’s decision would have had effect, or been given effect, under the former Act if the QCAT Amendment Act had not been enacted.

(4) However, for a proceeding before a court, if the proceeding is a pending proceeding and the court decides it would be practicable for QCAT to hear and decide the matter, the court may, by order, transfer the proceeding to QCAT.

(5) If a court transfers the proceeding to QCAT under subsection (4) —

(a) the proceeding is taken to have been started before QCAT; and

(b) the court may make the orders and give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, an enabling Act or the rules for starting a proceeding before QCAT.

Note—

See part 4 for how QCAT is to conduct the proceeding.

(6) An order under subsection (5) (b) has effect despite any provision of this Act, an enabling Act or the rules.

(7) Subject to subsection (8) , the continuing entity’s final decision in the proceeding has effect under this Act, and any relevant enabling Act, as if it were a final decision of QCAT.

(8) Chapter 2 , part 8 does not apply to a final decision of the continuing entity taken to be a decision of QCAT under subsection (7) .

(9) However, a person may appeal to a court against the final decision if, under the former Act, the person could have appealed to the court against the decision if it had been made by the continuing entity.

(10) An appeal under subsection (9) must be made within the period and in the way the appeal was required to be made under the former Act.