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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SCHEDULE 3

SCHEDULE 3 – Dictionary


"adjudicator" means—

(a) a person appointed as an adjudicator under section 198 ; or
(b) a person who is an adjudicator under section 198A .

"appeal tribunal" means the tribunal constituted, or to be constituted, under section 165 for the purpose of—
(a) hearing and deciding an appeal against—
(i) a decision of the tribunal; or
(ii) a decision of another entity under an enabling Act for which the enabling Act confers appeal jurisdiction on the tribunal; or
(b) deciding an application for leave to appeal against a decision mentioned in paragraph (a)(i) or (ii).

"applicant" means—
(a) for an application or a proceeding to be started on application—the person who makes the application; or
(b) for a referral or a proceeding to be started on referral—
(i) the person who makes the referral; or
(ii) if the enabling Act under which the referral is made states another person is the applicant for the referral or proceeding—the person stated in the enabling Act.

"application" means an application to the tribunal under this Act or an enabling Act.

"assessor" means an assessor appointed under section 110 .

"Australian lawyer" has the meaning given by the Legal Profession Act 2007 .

"child" means an individual under 18 years.

"commencement" , for chapter 7, see section 244 .

"compulsory conference" means a compulsory conference under chapter 2, part 6, division 2.

"constitute" , the tribunal, in relation to a member, means to constitute the tribunal whether by sitting alone or with other members.

"consumer" means an individual—
(a) who buys or hires goods other than—
(i) for resale or letting on hire; or
(ii) in a trade or business carried on by the individual; or
(iii) as a member of a business partnership; or
(b) for whom services are supplied for fee or reward other than—
(i) in a trade or business carried on by the individual; or
(ii) as a member of a business partnership; or
(c) who is or was the tenant of premises let to the individual as a dwelling other than for—
(i) assigning or subletting the premises to someone else; or
(ii) a trade or business carried on by the individual.

"continuing entity" , for chapter 7, see section 244 .

"contract" includes all agreements, whether written or oral.

"cost-amount decision" means a decision of the tribunal about the amount of costs fixed or assessed by it under section 107 .

"costs order" means an order awarding costs.

"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and—
(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.

"deal with" , a matter, includes hear and decide the matter.

"decision" , of the tribunal—
(a) means—
(i) an order made or direction given by the tribunal; or
(ii) the tribunal’s final decision in a proceeding; and
(b) for chapter 7—see section 244 .

"decision by default" , in relation to an application made under section 50 (2) or 50A (2) claiming a debt, liquidated demand of money or unliquidated damages, means an order in favour of the applicant for the debt, liquidated demand or unliquidated damages claimed.

"decision-maker" , for a reviewable decision, see section 17 (2) .

"deputy president" means the deputy president of the tribunal.

"enabling Act"
(a) generally—see section 6 (2) ; or
(b) for chapter 7—see section 244 .

"existing court proceeding" , for chapter 7, see section 244 .

"existing proceeding" , for chapter 7, see section 244 .

"existing tribunal proceeding" , for chapter 7, see section 244 .

"final decision" , of a former tribunal or a court in a proceeding, for chapter 7, see section 244 .

"final decision" , of the tribunal in a proceeding
(a) means the tribunal’s decision that finally decides the matters the subject of the proceeding; and
(b) for chapter 2, part 7, division 4—see section 129 .

"former Act" , for chapter 7, see section 244 .

"former entity" , for chapter 7, part 4, see section 270 .

"former judge" means—
(a) a former Supreme Court judge or District Court judge; or
(b) a former judge of a court of the Commonwealth or another State, other than a magistrates court of the Commonwealth or another State.

"former tribunal" , for chapter 7, see section 244 .

"function" includes power.

"goods" includes everything that is the subject of trade or manufacture or merchandise.

"hearing" , for chapter 2, part 7, division 7, see section 137 .

"impaired capacity" has the meaning under the Guardianship and Administration Act 2000 .

"judicial member"
(a) means—
(i) the president; or
(ii) the deputy president; or
(iii) a supplementary member who is a Supreme Court judge or District Court judge; and
(b) for the exercise of a power of the tribunal to make an order or give a direction—includes a senior member or ordinary member who is a former judge and is nominated by the president to exercise the power; and
(c) includes a senior member or ordinary member who is a former judge and is nominated by the president to constitute the tribunal for a matter or class of matters.

"judicial registrar" means a person who is a judicial registrar under the Magistrates Act 1991 .

"legally qualified member" means—
(a) a judicial member; or
(b) an ordinary member or supplementary member who is a magistrate; or
(c) a senior member or ordinary member who is an Australian lawyer of at least 6 years standing.

"Magistrates Court staff member" means—
(a) the clerk of a Magistrates Court; or
(b) a person employed in the registry of a Magistrates Court.

"mediator" means a person who conducts mediation under this Act.

"member"
(a) generally—means a member of the tribunal under section 171 ; or
(b) for chapter 7—see section 244 .

"minor civil dispute"
1
"Minor civil dispute" means—
(a) a claim to recover a debt or liquidated demand of money, with or without interest, of up to the prescribed amount; or
(b) a claim arising out of a contract between a consumer and trader, or a contract between 2 or more traders, that is—
(i) for payment of money of a value not more than the prescribed amount; or
(ii) for relief from payment of money of a value not more than the prescribed amount; or
(iii) for performance of work of a value not more than the prescribed amount to rectify a defect in goods supplied or services provided; or
(iv) for return of goods of a value not more than the prescribed amount; or
(v) for a combination of any 2 or more claims mentioned in subparagraphs (i) to (iv) where the total value of the combined claim is not more than the prescribed amount; or
(c) a claim for an amount of not more than the prescribed amount for damage to property caused by, or arising out of the use of, a vehicle; or
(d) a claim for repair of a defect under the Motor Dealers and Chattel Auctioneers Act 2014 , schedule 1 , section 13 ; or
(e) a tenancy matter; or
(f) a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , chapter 2 and is for an amount not more than the prescribed amount; or
(g) a matter in relation to which a person may, under the Building Act 1975 , chapter 8, part 2A apply to the tribunal for an order.
Note—
A matter mentioned in paragraph (g) would relate to part of a barrier for a swimming pool along a common boundary.
2 However, if an enabling Act confers jurisdiction on the tribunal to deal with a claim (however called) within the meaning of paragraph 1(a), the claim is not a minor civil dispute unless the enabling Act expressly states it is a minor civil dispute.

"monetary decision" means a decision of the tribunal in a proceeding requiring a person to pay an amount to someone else, whether or not the decision is, or is a part of, the tribunal’s final decision in the proceeding.

"non-publication order" means—
(a) an order under section 66 ; or
(b) a confidentiality order under the Adoption of Children Act 1964 , section 36M (1) ; or
(c) a confidentiality order under the Child Protection Act 1999 , section 99ZD (1) ; or
(d) a non-publication order or confidentiality order under the Guardianship and Administration Act 2000 ; or
(e) an order under the Legal Profession Act 2007 , section 656D (1) or (4).

"official" means—
(a) a member; or
(b) an adjudicator; or
(c) a mediator; or
(d) an assessor; or
(e) the chief executive; or
(f) the principal registrar; or
(g) a registrar.

"ordinary member" means an ordinary member of the tribunal.

"outside Queensland" includes in a foreign country.

"pending proceeding" , for chapter 7, see section 245 .

"perform" a function includes exercise a power.

"prescribed amount" means $25000.

"prescribed fee" means a fee prescribed under a regulation.

"president" means the president of the tribunal.

"presiding member" see section 170 .

"principal registrar" means the principal registrar of the registry.

"proceeding"
(a) generally—means a proceeding before the tribunal, including an appeal before the appeal tribunal and a proceeding relating to an application for leave to appeal to the appeal tribunal; or
(b) for chapter 7—see section 244 .

"QCAT" , for chapter 7, see section 244 .

"QCAT Amendment Act" , for chapter 7, see section 244 .

"QCAT matter" , for chapter 7, see section 244 .

"referral" means a referral of a matter to the tribunal under this Act or an enabling Act.

"registry" see section 207 .

"registry staff member" means a member of the administrative staff of the registry other than the principal registrar or a registrar.

"reopening ground" , for a party to a proceeding, means—
(a) the party did not appear at the hearing of the proceeding and had a reasonable excuse for not attending the hearing; or
(b) the party would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen and that evidence was not reasonably available when the proceeding was first heard and decided.

"reviewable decision" see section 17 (2) .

"rules" means rules made under section 224 .

"rules committee" means the rules committee established under section 223 .

"senior member" means a senior member of the tribunal.

"spent conviction" ...

"State agency" means—
(a) the State, a Minister or a person representing the State; or
(b) a government entity within the meaning of the Government Owned Corporations Act 1993 or the chief executive of a government entity; or
(c) a local government or a chief executive officer of a local government; or
(d) a statutory authority or another entity established under an Act or the holder of a statutory office.

"supplementary member" means a supplementary member of the tribunal.

"tenancy matter" means a matter in relation to which a person may, under the Residential Tenancies and Rooming Accommodation Act 2008 , apply to the tribunal for a decision.

"the tribunal" means the Queensland Civil and Administrative Tribunal established under section 161 .
Note—
See also section 165 .

"trader"
1 A
"trader"
(a) means a person who in trade or commerce—
(i) carries on a business of supplying goods or providing services; or
(ii) regularly holds himself, herself or itself out as ready to supply goods or to provide services of a similar nature; and
(b) includes a person who is or was the landlord of premises let to a tenant as a dwelling other than for—
(i) assigning or subletting the dwelling to someone else; or
(ii) a trade or business carried on by the tenant.
2 However, a person is not a trader in relation to goods or services if in supplying the goods or providing the services—
(a) the person acts in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce; or
(b) the person is giving effect to the instructions of someone else who in providing the instructions acts in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce, and the goods supplied or the services provided are in all respects in accordance with the instructions.



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