(1) This section applies if, before the commencement, a person has, under an
enabling Act or another Act as in force before the commencement (the
"former Act" ), started a proceeding before a continuing entity for a QCAT
matter.
(2) The continuing entity must hear, or continue to hear, and decide
the matter under the former Act, and the former Act and other relevant laws
apply as if the QCAT Amendment Act had not been enacted.
(3) The continuing
entity’s decision in the proceeding has effect, or must be given effect, in
the way the continuing entity’s decision would have had effect, or been
given effect, under the former Act if the QCAT Amendment Act had not been
enacted.
(4) However, for a proceeding before a court, if the proceeding is a
pending proceeding and the court decides it would be practicable for QCAT to
hear and decide the matter, the court may, by order, transfer the proceeding
to QCAT.
(5) If a court transfers the proceeding to QCAT under subsection (4)
—
(a) the proceeding is taken to have been started before QCAT; and
(b) the
court may make the orders and give the directions it considers appropriate to
facilitate the transfer, including an order that a party is taken to have
complied with the requirements under this Act, an enabling Act or the rules
for starting a proceeding before QCAT.
Note—
See part 4 for how QCAT is to
conduct the proceeding.
(6) An order under subsection (5) (b) has effect
despite any provision of this Act, an enabling Act or the rules.
(7) Subject
to subsection (8) , the continuing entity’s final decision in the proceeding
has effect under this Act, and any relevant enabling Act, as if it were a
final decision of QCAT.
(8) Chapter 2 , part 8 does not apply to a final
decision of the continuing entity taken to be a decision of QCAT under
subsection (7) .
(9) However, a person may appeal to a court against the
final decision if, under the former Act, the person could have appealed to the
court against the decision if it had been made by the continuing entity.
(10)
An appeal under subsection (9) must be made within the period and in the way
the appeal was required to be made under the former Act.
