Queensland Consolidated Acts

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Queensland Civil and Administrative Tribunal Act 2009


TABLE OF PROVISIONS

           Contents

           Chapter 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Objects
   4.      Tribunal's functions relating to the objects
   5.      Act binds all persons
   6.      Relationship between this Act and enabling Acts generally
   7.      Application of Act if modifying provision in enabling Act
   8.      Definitions

           Chapter 2--Jurisdiction and procedure

           Part 1--Jurisdiction of tribunal

           Division 1--Preliminary

   9.      Jurisdiction generally

           Division 2--Original jurisdiction

   10.     Generally
   11.     Jurisdiction for minor civil disputes
   12.     When jurisdiction for minor civil dispute exercised
   13.     Deciding minor civil dispute generally
   14.     Awarding interest for minor civil dispute
   15.     When jurisdiction conferred by enabling Act exercised
   16.     Functions for jurisdiction conferred by enabling Act

           Division 3--Review jurisdiction

   17.     Generally
   18.     When review jurisdiction exercised
   19.     Exercising review jurisdiction generally
   20.     Review involves fresh hearing
   21.     Decision-maker must help tribunal
   22.     Effect of review on reviewable decision
   23.     Inviting decision-maker to reconsider decision
   24.     Functions for review jurisdiction

           Division 4--Appeal jurisdiction

   25.     Generally
   26.     Jurisdiction for decisions of the tribunal
   27.     When appeal jurisdiction exercised

           Part 2--Practices and procedures

   28.     Conducting proceedings generally
   29.     Ensuring proper understanding and regard
   30.     Principal registrar to help parties and potential parties
   31.     Related criminal or disciplinary action
   32.     Proceeding by remote conferencing or on the papers

           Part 3--Starting proceeding

   33.     Making an application
   34.     Referring matter
   35.     Acceptance or rejection of application or referral
   36.     When proceeding starts
   37.     Notice
   38.     Prescribed fees

           Part 4--Parties to a proceeding

   39.     Parties to original jurisdiction
   40.     Parties to review jurisdiction
   41.     Intervention
   42.     Joining parties
   43.     Representation
   44.     Use of interpreters and other persons
   45.     General obligation of parties

           Part 5--Preliminary dealings with proceeding

           Division 1--Early end to proceeding

   46.     Withdrawal of application or referral
   47.     Dismissing, striking out or deciding if unjustified proceeding or part
   48.     Dismissing, striking out or deciding if party causing disadvantage
   49.     Restriction on new application or referral

           Division 2--Decision by default

   50.     Decision by default for debt or liquidated demand of money
   50A.    Decision by default for unliquidated damages
   51.     Setting aside decision by default

           Division 3--Transfer

   52.     Transfer to more appropriate forum
   53.     Transfer from a court

           Division 4--Consolidation or sequence directions

   54.     Consolidation
   55.     Sequence
   56.     Variation of direction

           Part 6--Other provisions about a proceeding

           Division 1--Procedural powers

   57.     General powers
   58.     Interim orders
   59.     Injunctions
   60.     Declarations
   61.     Relief from procedural requirements
   62.     Directions
   63.     Obtaining a document or thing from third parties
   64.     Amending particular documents
   65.     Dealing with documents and other things
   66.     Non-publication orders

           Division 2--Compulsory conferences

   67.     Direction by tribunal or principal registrar
   68.     Personal or representative attendance
   69.     Purposes
   70.     Procedure generally
   71.     Orders and directions generally
   72.     Party fails to attend
   73.     Member or adjudicator presiding
   74.     Inadmissibility of particular evidence

           Division 3--Mediation

   75.     Referral by tribunal or principal registrar
   76.     Personal or representative attendance
   77.     Purpose
   78.     Procedure generally
   79.     Who may be a mediator
   80.     Disclosure of interests
   81.     Member or adjudicator conducting mediation
   82.     Notification of outcome
   83.     Inadmissibility of particular evidence

           Division 4--Settlement and accepted offers to settle

   84.     Settlement in compulsory conference
   85.     Settlement at mediation
   86.     Settlement other than in compulsory conference or at mediation
   87.     Limitation on making order giving effect to settlement
   88.     Effect of order giving effect to settlement
   89.     Consequences if accepted offer to settle is not complied with

           Division 5--Hearings

   90.     Public hearing
   91.     Support person may be allowed in private hearing
   92.     Notice
   93.     Deciding in absence of person
   94.     Expedited hearing
   95.     Evidence
   96.     Authorising taking of evidence
   97.     Requiring witness to attend or produce document or thing
   98.     Powers relating to witnesses
   99.     Dealing with special witnesses

           Division 6--Costs

   100.    Each party usually bears own costs
   101.    Limitation for children
   102.    Costs against party in interests of justice
   103.    Costs against representative in interests of justice
   104.    Costs against intervening parties
   105.    Other power to award costs
   106.    Costs awarded at any stage
   107.    Fixing or assessing costs
   108.    Staying proceeding
   109.    Security

           Division 7--Assessors

   110.    Appointment
   111.    Helping the tribunal
   112.    Costs for assessor
   113.    Disclosure of interests

           Part 7--Decisions and enforcement

           Division 1--Making decision

   114.    Conditions and ancillary orders and directions
   115.    More than 1 member constitutes tribunal
   116.    Deciding question of law
   117.    Referring question of law to president
   118.    Referring question of law to Court of Appeal
   119.    Decision to be given within a reasonable time

           Division 2--Giving decision etc.

   120.    Giving decision or notice to particular persons
   121.    Giving final decision other than in an appeal
   122.    Request for written reasons
   123.    Transcript or audio recording is sufficient
   124.    Confidentiality
   125.    Publication

           Division 3--Effect of decision and its validity

   126.    Effect of decision
   127.    When decision takes effect
   128.    Procedural defects etc.

           Division 4--Enforcing final decision

   129.    Definition for div 4
   130.    Application of Limitation of Actions Act 1974
   131.    Monetary decisions
   132.    Non-monetary decisions

           Division 5--Renewal of final decision

   133.    Application for renewal
   134.    Renewed final decision

           Division 6--Correcting mistakes

   135.    Tribunal may correct mistake

           Division 7--Reopening

   136.    Application of div 7
   137.    Definition for div 7
   138.    Application to reopen
   139.    Deciding whether to reopen
   140.    Effect of decision to reopen
   141.    No appeal until application finally dealt with

           Part 8--Appeals etc.

           Division 1--Appeals to appeal tribunal

   142.    Party may appeal
   143.    Appealing or applying for leave to appeal
   143A.   Referring matter to tribunal to consider reopening
   144.    Transfer to Court of Appeal
   145.    Effect of appeal on decision
   146.    Deciding appeal on question of law only
   147.    Deciding appeal on question of fact or mixed law and fact
   148.    Giving final decision in an appeal

           Division 2--Appeals to Court of Appeal

   149.    Party may appeal—decisions of tribunal
   150.    Party may appeal—decisions of appeal tribunal
   151.    Appealing or applying for leave to appeal
   152.    Effect of appeal on decision
   153.    Deciding appeal on question of law only
   154.    Deciding appeal on question of fact or mixed law and fact

           Division 3--Miscellaneous

   155.    Particular documents to be given to Court of Appeal
   156.    Application of Judicial Review Act 1991

           Chapter 3--Reasons to be given for reviewable decisions

   157.    Information notice to be given
   158.    Obtaining statement of reasons
   159.    Tribunal order requiring statement of reasons be given
   160.    Further statement

           Chapter 4--Establishment and administration

           Part 1--Establishment of tribunal

   161.    Queensland Civil and Administrative Tribunal
   162.    Independence
   163.    Operating throughout Queensland
   164.    Tribunal is a court of record

           Part 2--Constitution of tribunal

   165.    Constitution generally
   166.    Constitution of appeal tribunal
   167.    Choosing persons
   168.    Reconstitution
   169.    Disclosure of interests
   170.    Presiding member

           Part 3--Members of tribunal

           Division 1--General

   171.    The members

           Division 2--The president and deputy president

   172.    President's functions generally
   173.    Directions for president's function about training
   174.    Deputy president's functions
   175.    Appointment of the president
   176.    Appointment of the deputy president
   177.    Conditions of appointment
   178.    Vacancy of office
   179.    Resignation
   180.    Acting president
   181.    Acting deputy president
   182.    Delegation

           Division 3--Senior members and ordinary members

   183.    Appointment of senior members and ordinary members
   184.    Criminal history checks
   185.    Disclosure of changes in criminal history
   186.    Conditions of appointment
   187.    Resignation
   188.    Removal from office
   189.    Suspension
   190.    Investigation of suspended member
   191.    Acting senior members and ordinary members

           Division 4--Supplementary members

   192.    Appointment of supplementary members
   193.    Vacancy of office
   194.    Resignation

           Division 5--Miscellaneous

   194A.   Period of office ends—finishing proceedings
   194B.   Member resigns—finishing proceedings

           Part 4--Adjudicators

   195.    Functions generally
   196.    Independence
   197.    Referring matters to president
   198.    Appointment of adjudicators
   198A.   Judicial registrars are adjudicators for minor civil disputes
   199.    Criminal history checks
   200.    Disclosure of changes in criminal history
   201.    Conditions of appointment
   202.    Resignation
   203.    Removal from office
   204.    Suspension
   205.    Investigation of suspended adjudicator
   206.    Acting adjudicators
   206AA.  Application of ss 194A and 194B

           Part 4A--Dual appointments

   206A.   Dual appointment

           Part 4B--QCAT justices of the peace

           Division 1--Preliminary

   206B.   Purpose of pt 4B
   206C.   Definitions for pt 4B
   206D.   Relationship with other provisions of Act

           Division 2--Constitution of tribunal by QCAT justices of the peace

   206E.   Tribunal may be constituted by QCAT justices of the peace
   206F.   Reconstitution
   206G.   Presiding QCAT justice of the peace

           Division 3--Decisions of QCAT justices of the peace

   206H.   Differing decisions of QCAT justices of the peace
   206I.   Deciding question of law
   206J.   Referring question of law to president
   206K.   Giving decision

           Division 4--General matters about tribunal constituted by QCAT justices of the peace

   206L.   Functions generally
   206M.   Independence
   206N.   Referring matters to president
   206O.   Appointment
   206P.   Criminal history checks
   206Q.   Disclosure of changes in criminal history
   206R.   Conditions of appointment
   206S.   Resignation
   206T.   Removal from office
   206U.   Suspension
   206V.   Investigation about suspension
   206W.   Acting QCAT justices of the peace

           Division 5--Application of particular provisions for pt 4B

   206X.   Purpose of div 5
   206Y.   Application of chs 1 and 2 provisions
   206Z.   Application of ch 4 provisions
   206BA.  Application of ch 5 provisions

           Division 6--Expiry

   206BB.  Expiry of pt 4B

           Part 5--The Queensland Civil and Administrative Tribunal Registry

   207.    Registry established
   208.    Appointment of officers and staff
   209.    Role of chief executive
   210.    Principal registrar's functions and power to delegate
   211.    Registrar's functions
   212.    Principal registrar must disclose interests

           Chapter 5--General

           Part 1--Offences and contempt

   213.    Contravening decision
   214.    Offences by witnesses
   215.    Warrant may be issued if witness does not attend
   216.    False or misleading information
   217.    Influencing participants
   218.    Contempt of tribunal
   219.    Punishment of contempt
   220.    Tribunal may exclude person
   221.    Person not to be punished twice for same conduct
   222.    Court's powers relating to person contravening non-publication order

           Part 2--Rules committee, rules and practice directions

   223.    The rules committee
   224.    Rule-making power
   225.    Rules are exempt from automatic expiry
   226.    Practice directions

           Part 3--Miscellaneous provisions

           Division 1--Operation of tribunal

   227.    Arrangements with ombudsman
   228.    Oath of office
   229.    Register of proceedings
   230.    Record for proceeding
   231.    Trust account
   232.    Annual report

           Division 2--Confidentiality

   233.    Confidentiality generally
   234.    Further limitation on disclosure to a court etc.

           Division 3--Evidentiary provisions

   235.    Appointment and authority
   236.    Signatures and documents

           Division 4--Protection from liability

   237.    Immunity of participants etc.
   238.    Protection from civil liability

           Division 5--Other provisions

   239.    Contracting out prohibited
   240.    Review of Act
   241.    Approved forms
   242.    Regulation-making power

           Chapter 6--Repeal provision

   243.    Repeals

           Chapter 7--Transitional provisions for Act No. 23 of 2009

           Part 1--Preliminary

   244.    Definitions for ch 7
   245.    What is a pending proceeding
   246.    Acts Interpretation Act 1954, s 20 not limited

           Part 2--Transitional provisions about former tribunals

           Division 1--Abolition and related matters

   247.    Abolition of former tribunals
   248.    QCAT is legal successor
   249.    Assets and liabilities etc. of a former tribunal
   250.    Proceeding not yet started by or against a former tribunal
   251.    Proceeding to which a former tribunal was a party
   252.    Existing final decisions of a former tribunal
   253.    Records of former tribunals
   254.    References to former tribunals etc.

           Division 2--Proceeding not yet started before former tribunal

   255.    QCAT may deal with proceeding

           Division 3--Proceeding started before former tribunal

   256.    Pending proceeding
   257.    Other proceeding

           Division 4--Appeal against decision of a former tribunal

   258.    Appeal yet to be started
   259.    Appeal started
   260.    Effect of court's decision in appeal

           Division 5--Other matters

   261.    Particular request of former Children Services Tribunal
   262.    Annual reports for former tribunals
   263.    Transferring membership of particular members
   264.    Particular offences continue
   265.    Confidentiality
   266.    Particular penalties payable to particular entities

           Part 3--Transitional provisions about continuing entities

   267.    Proceeding not yet started
   268.    Proceeding started

           Part 4--Conducting proceeding from former tribunal or continuing entity

   269.    Application of pt 4
   270.    Definition for pt 4
   271.    Conduct of proceeding generally
   272.    Time limits
   273.    Withdrawal of existing proceeding
   274.    Related proceedings
   275.    Inconsistencies and other difficulties

           Part 5--Other transitional provisions

   276.    Information notices
   277.    Initial rules
   277A.   The chief executive may approve forms for limited period

           Chapter 8--Validating provision for particular decisions by default

   280.    Declaration and validation concerning particular decisions by default

           Chapter 9--Transitional and validation provisions for Justice and Other Legislation Amendment Act 2010

   282.    Validation relating to dual appointments

           Chapter 10--Other transitional provisions

           Division 2--Transitional provision for Civil Proceedings Act 2011

   284.    Application of Civil Proceedings Act 2011

           Division 3--Transitional provisions for Queensland Civil and Administrative Tribunal (Justices of the Peace) Amendment Act 2013

   285.    First appointment of QCAT justices of the peace
   286.    Existing matters
           SCHEDULE 1--FORMER TRIBUNALS
           SCHEDULE 2--SUBJECT MATTER FOR RULES
           1. Functions of principal registrar and registrars
           2. Divisions and lists of the tribunal
           3. Constitution of the tribunal
           4. Starting proceedings
           5. Transfers of matters and appeals
           6. Representation
           7. Service of notices or other documents
           8. Responses to applications
           9. Ending proceedings early
           10. Documents or evidence to be filed or produced
           11. Disclosure
           12. Evidence
           13. Compulsory conferences
           14. Mediation
           14A. Conciliation
           15. Reserved decisions
           16. Hearings
           17. Costs
           18. Renewing final decision
           19. Correcting mistakes
           20. Reopening proceedings
           21. Appeals
           22. Applying court rules about contempt
           23. Register of proceedings
           24. Electronic transmissions etc.
           SCHEDULE 3--DICTIONARY


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