Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 271

271 Conduct of proceeding generally

(1) QCAT must deal with the matter the subject of the existing proceeding under this Act or an enabling Act.

(2) However, in relation to the matter—

(a) QCAT has, and only has, the functions that the former entity had in relation to the matter under the former Act; and

(b) QCAT can, and can only, make a decision the former entity could have made in relation to the matter under the former Act.

(3) If the matter is an appeal against a decision, the decision appealed against is a reviewable decision for applying this Act to the proceeding under this section.

(4) Anything done or existing in relation to the existing proceeding continues and is taken to be done or existing in relation to the proceeding under this Act.

(5) Without limiting subsection (4) , a prescribed interim decision of a former entity is taken to be a decision of QCAT and may be enforced—

(a) under chapter 2 , part 7 , division 4 as if it were a final decision mentioned in that division; or

(b) if the former Act under which the prescribed interim decision was made provides for enforcing the decision in a different way—in the way the decision was enforceable under the former Act.

Note—

Section 252 provides for final decisions of former tribunals.

(6) Also, without limiting subsection (4) and subject to any further decision by QCAT—

(a) a notice given by the former entity to attend at a stated hearing of the proceeding is taken to be a notice given by QCAT under section 97 (1) (a) to attend at a hearing at the same time and place before QCAT; and

(b) a notice given by the former entity to produce a stated document or other thing to the entity is taken to be a notice given by QCAT under section 97 (1) (b) to produce the document or thing to QCAT.

Notes—

1 See section 97 (3) and (4) for fees and allowances payable to a person who attends a hearing in compliance with a notice under section 97 (1) (a) .

2 See sections 214 and 215 for consequences of failing to comply with a notice under section 97 .

(7) Further, without limiting subsection (4) , a warrant issued under the repealed Commercial and Consumer Tribunal Act 2003 , section 79 that has not been executed at the commencement continues to have effect according to its terms as if—

(a) a provision of this Act authorised QCAT to issue the warrant and a police officer to execute it; and

(b) QCAT issued the warrant under that provision.

(8) Without limiting subsection (4) , (5) , (6) or (7) , a reference in an Act to a decision, act or omission of QCAT is taken to include a reference to a decision, act or omission of a former tribunal taken to be a decision, act or omission of QCAT under subsection (4) .

(9) This section is subject to sections 272 , 273 and 274 .

(10) In this section—

"prescribed interim decision" , of a former entity, means—

(a) an order or injunction of the former entity that has effect for the duration of the proceeding or a shorter period; or

(b) a decision of the former entity requiring a person to pay an amount to someone else that is made before the end of the proceeding.