QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 143 Appealing or applying for leave to appeal

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 143

143 Appealing or applying for leave to appeal

(1) This section applies to—

(a) an application for the appeal tribunal’s leave to appeal to the appeal tribunal against a decision of the tribunal or a decision of another entity under an enabling Act; or

(b) an appeal to the appeal tribunal against—

(i) a decision of the tribunal; or

(ii) a decision of another entity under an enabling Act.

(2) The application or appeal must—

(a) be in a form substantially complying with the rules; and

(b) state the reasons for the application or appeal; and

(c) be accompanied by the prescribed fee (if any).

(3) An application for the appeal tribunal’s leave to appeal must be filed in the registry within 28 days after the relevant day.

(4) An appeal must be filed in the registry within—

(a) if the appeal tribunal’s leave is required for the appeal—21 days after the leave is given; or

(b) otherwise—28 days after the relevant day.

Notes—

1 Under section 6 (7) , an enabling Act that is an Act may provide for a different period for applying for the appeal tribunal’s leave to appeal or for making an appeal.

2 Under section 61 , the tribunal may extend the period within which a person may apply for the appeal tribunal’s leave to appeal or make an appeal.

(5) In this section—


"relevant day" , for an application or appeal, means—

(a) if a person makes an application under part 7 , division 5 , 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision—the day that application is finally dealt with under that division; or

(b) if written reasons have not been given for the decision being appealed against and reasons have not been requested under section 122 or are not required to be given—the day the person received notice of the decision; or

(c) the day the person is given written reasons for the decision being appealed against.