QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 244 Definitions for ch 7
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - SECT 244
Definitions for ch 7244 Definitions for ch 7
In this chapter—
"commencement" means the commencement of this section.
"continuing entity" means—
(a) a court; or
(b) a Minister administering an enabling Act; or
(c) the Queensland Gaming Commission under the Gaming Machine Act 1991 .
"decision" , of a former tribunal or court, includes an order made or direction given by the former tribunal or court.
"decision" , of QCAT, does not include a decision made in an appeal under chapter 2 , part 8 .
Note—See also schedule 3 , definition decision in relation to the tribunal.
"enabling Act" means an Act or subordinate legislation that is an enabling Act at the commencement.
"existing court proceeding" means a proceeding that—
(a) was started in a court under a former Act before the commencement; and
(b) at the commencement, has not been withdrawn, or dismissed, struck out or otherwise disposed of by the court; and
(c) relates to a QCAT matter.
"existing proceeding" means—
(a) an existing court proceeding; or
(b) an existing tribunal proceeding.
"existing tribunal proceeding" means a proceeding that—
(a) was started before a former tribunal under a former Act before the commencement; and
(b) at the commencement, has not been withdrawn, dismissed, struck out or otherwise disposed of under the former Act.
"final decision" , of a former tribunal or a court in a proceeding, means the former tribunal’s or court’s decision that finally decides the matters the subject of the proceeding.
Note—
"Final decision" , of the tribunal in a proceeding, is defined in schedule 3 .
"former Act" means any of the following Acts, as in force before the commencement—
(a) the repealed Children Services Tribunal Act 2000 ;
(b) the repealed Commercial and Consumer Tribunal Act 2003 ;
(c) the repealed Misconduct Tribunals Act 1997 ;
(d) the repealed Small Claims Tribunals Act 1973 ;
(e) an enabling Act.
"former entity" , for part 4 , see section 270 .
"former tribunal" means an entity mentioned in schedule 1 .
"member" , of a former tribunal, includes a person who under a former Act may constitute the former tribunal for matters, even though the person is not called a member.
Example—a referee under the repealed Small Claims Tribunals Act 1973
"pending proceeding" see section 245 .
"proceeding" includes—
(a) an action before a former tribunal or continuing entity without an application or referral being made; and
(b) a process under a former Act for the consideration of a matter, including, for example, a review of a decision, by a former tribunal or continuing entity.
"QCAT" means the tribunal.
"QCAT Amendment Act" means the Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 .
"QCAT matter" means a matter for which this Act or an enabling Act confers jurisdiction on QCAT at the commencement.