Queensland Consolidated Acts Queensland Consolidated Acts
"adjudicator" means—
(a) a person appointed as an adjudicator under section 198 ; or
(b) a person who is an adjudicator under section 198A .
(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) .
(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.
(a) in relation to a member—means to constitute the tribunal whether by sitting alone or with other members; or
(b) in relation to an adjudicator—means to constitute the tribunal by sitting alone.
(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.
(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.
(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 .
(a) generally—see section 6 (2) ; or
(b) for chapter 7 —see section 244 .
(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 .
(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—(i) a magistrates court of the Commonwealth or another State; or(ii) the Federal Circuit and Family Court of Australia ( Division 2 ).
(a) means—(i) the president; or(ii) the deputy president; or(iii) a supplementary member who is a Supreme Court judge, District Court judge or member of the Land Court; 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.
(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.
(a) the clerk of a Magistrates Court; or
(b) a person employed in the registry of a Magistrates Court.
(a) generally—means a member of the tribunal under section 171 ; or
(b) for chapter 7 —see section 244 .
1
"Minor civil dispute" means—(a) a claim to recover a debt or liquidated demand of money 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 tenancy matter; or(e) 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(f) 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 (f) 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.
3 A claim mentioned in paragraph 1(b) does not include a claim in a proceeding to which the Fair Trading Act 1989 , section 50A applies.
4 A claim mentioned in paragraph 1(a) does not include a claim under the Fair Work Act 2009 (Cwlth) , section 539 .Note—See the Fair Work Act 2009 (Cwlth) , section 539 for the conferral of jurisdiction on eligible State or Territory courts in relation to the contravention of civil remedy provisions under that Act. In relation to Industrial Magistrates Courts, see the Industrial Relations Act 2016 , chapter 11 , part 3 , division 4 . In relation to Magistrates Courts, see the Magistrates Courts Act 1921 .
(a) an order under section 66 ; or
(b) a confidentiality order under the repealed Adoption of Children Act 1964 , section 36M (1) ; or
(c) a confidentiality order under the Adoption Act 2009 , section 307N (1) ; or
(d) a confidentiality order under the Child Protection Act 1999 , section 99ZD (1) ; or
(e) a non-publication order or confidentiality order under the Guardianship and Administration Act 2000 ; or
(f) an order under the Legal Profession Act 2007 , section 656D (1) or (4) .
(a) a member; or
(b) an adjudicator; or
(c) a conciliator; or
(d) a mediator; or
(e) an assessor; or
(f) the chief executive; or
(g) the principal registrar; or
(h) a registrar.
(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 .
(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.
(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.
Note—See also section 165 .
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.