Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 274

274 Related proceedings

(1) If a related proceeding for the existing proceeding has been started under a former Act—

(a) the related proceeding must be continued under the former Act until it is finished; and

(b) the person who was conducting the related proceeding under the former Act may continue to conduct it until it is finished; and

(c) the former Act continues to apply in relation to the related proceeding and the person conducting the related proceeding as if—

(i) for a former Act that has been repealed—the former Act were still in force; or

(ii) for another former Act—the QCAT Amendment Act had not been enacted.

(2) When the related proceeding is finished—

(a) it is taken to have been conducted under this Act as if this Act authorised or permitted the related proceeding to be conducted; and

(b) QCAT must deal with the result of the related proceeding in the way the former entity would have been required to deal with the result under the former Act if that Act were still in force.

(3) QCAT may make the orders or directions necessary or convenient to facilitate dealing with the result of the related proceeding under subsection (2) (b) .

(4) In this section—

"related proceeding" means a proceeding or other action taken in relation to an existing proceeding, and includes—

(a) mediation; and

(b) a pre-hearing conference (however named); and

(c) another alternative dispute resolution process; and

(d) an inquiry, examination or investigation.

Examples of inquiries or investigations—

• an independent inquiry under the repealed Children Services Tribunal Act 2000 , part 5

• a medical examination under the repealed Children Services Tribunal Act 2000 , sections 106 and 107

• an investigation under the repealed Misconduct Tribunals Act 1997 , section 27