(1) This section applies to an existing tribunal proceeding that is not a
pending proceeding.
(2) At the commencement, the proceeding is taken to be a
proceeding before QCAT.
(3) QCAT has jurisdiction to deal with the matter the
subject of the proceeding under this Act.
(4) QCAT must be constituted by the
persons who constituted the former tribunal immediately before the
commencement and, for that purpose, any of the persons who are not members of
QCAT (or have not become members under section 263) are taken to be members
of QCAT for the duration of the proceeding.
(5) A person taken to be a member
of QCAT under subsection (4) is entitled to be paid the remuneration and
allowances the person was entitled to under the former Act under which the
former tribunal was constituted for the duration of the proceeding.
(6) If,
for any reason, a person who constituted the former tribunal is unable to
perform functions in the proceeding, the president must reconstitute QCAT by
replacing the person with another member.
Example of when a person may be
unable to perform functions in the proceeding—
if the person is ill or
otherwise becomes unavailable
(7) Chapter 2 , part 8 does not apply to a
decision of QCAT in the proceeding, including a decision of the former
tribunal taken to be a decision of QCAT in the proceeding under section 271(4) .
(8) However, a person may appeal to a court against the decision if,
under the former Act, the person could have appealed to the court against the
decision if it had been made by the former tribunal.
(9) An appeal under
subsection (8) must be made within the period and in the way the appeal was
required to be made under the former Act.