Queensland Consolidated Acts

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 35

35 Acceptance or rejection of application or referral

(1) This section applies if a person makes an application, or refers a matter, to the tribunal.

(2) The principal registrar may—

(a) accept the application or referral without imposing any conditions; or

(b) accept the application or referral on conditions stated in the rules; or

(c) reject the application or referral on a ground mentioned in subsection (3) ; or

(d) refer the application or referral to the tribunal if the principal registrar believes there is a ground for rejecting the application or referral under subsection (3) .

(3) The principal registrar may reject an application or referral on any of the following grounds—

(a) the application or referral is made by a person who is not authorised to make it;

(b) the application or referral is made after the expiry of the period within which it is required to be made under this Act;

(c) the application or referral does not otherwise comply with this Act, an enabling Act or the rules.

(4) If the principal registrar rejects an application or referral, or accepts an application or referral on conditions—

(a) the principal registrar must notify the applicant that the applicant may request the principal registrar to refer the decision to the tribunal for review; and

(b) if the applicant makes the request, the principal registrar must refer the decision to the tribunal for review.

(5) No fee is payable for a request for a referral under subsection (4) .

(6) If the question of whether or not an application or referral should be rejected is referred to the tribunal under subsection (2) (d) or (4) (b) , the tribunal must direct the principal registrar—

(a) to reject the application or referral; or

(b) to accept the application or referral on stated conditions or no conditions.

(7) If the question of whether or not an application or referral should be accepted on stated conditions is referred to the tribunal under subsection (4) (b) , the tribunal must direct the principal registrar—

(a) to accept the application or referral on no conditions; or

(b) to accept the application or referral on the stated conditions or different conditions; or

(c) to reject the application or referral.

(8) The tribunal may direct the principal registrar to reject an application or referral only if a ground for rejecting the application or referral under subsection (3) exists.

Note—

A decision of the tribunal under subsection (6) or (7) is not subject to appeal under part 8 . See sections 142 (2) and 149 (4) .