QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 - As at 1 February 2024 - Act 23 of 2009
- As at 1 February 2024 - Act 23 of 2009Table of Provisions
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
- 11A Calculating whether amount, value, damage or sum is more than particular monetary limits
- 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
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 and removing 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 Reinstatement of proceeding and 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
- 51A Effect of application under s 51 on decision by default
Division 3 - Transfer
Division 4 - Consolidation or sequence directions
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 1A - Conciliation
- 66A Referral by tribunal or principal registrar
- 66B Personal or representative attendance
- 66C Purpose
- 66D Function of conciliator
- 66E Procedure
- 66F Who may be a conciliator
- 66G Disclosure of interests
- 66H Member or adjudicator conducting conciliation
- 66I Notification of outcome
- 66J Inadmissibility of particular evidence
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 conciliation or mediation
- 86 Settlement other than in compulsory conference or at conciliation or 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
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
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
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
- 138A Effect of application under s 138 on decision in proceeding
- 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
- 191A Acting ordinary members
Division 4 - Supplementary members
Division 5 - Miscellaneous
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 206BB. (Repealed)
- 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
- 206ZA Application of ch 5 provisions
Division 6 - Other provision
- 206ZB Hearing of matter after location stops being prescribed location
PART 5 - THE QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL REGISTRY AND ASSOCIATES
- 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
- 212A Associates to senior members
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
Division 3 - Evidentiary provisions
Division 4 - Protection from liability
Division 5 - Other provisions
- 239 Contracting out prohibited
- 240 Review of Act
- 241 Approved forms
- 242 Regulation-making power 242A. (Repealed)
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
Division 4 - Appeal against decision of a former tribunal
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
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
- 278 (Expired) 279. (Repealed)
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
281. (Repealed)- 282 Validation relating to dual appointments
CHAPTER 10 - OTHER TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISION FOR CIVIL PROCEEDINGS ACT 2011
- 284 Application of Civil Proceedings Act 2011
PART 2 - TRANSITIONAL PROVISIONS FOR QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL AND OTHER LEGISLATION AMENDMENT ACT 2019
- 285 Definitions for part
- 286 Existing motor vehicle matters before the tribunal
- 287 Existing motor vehicle matters if proceeding not started
- 288 Additional jurisdiction for existing motor vehicle matters if proceeding not started
- 289 Transfer of particular tenancy matters
PART 3 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2023
- 290 Existing associates to senior members