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Queensland Civil and Administrative Tribunal Act 2009 – 11 November 2016

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Queensland Civil and Administrative Tribunal Act 2009 – 11 November 2016

Queensland Civil and Administrative Tribunal Regulation 2009 – 12 December 2016

Queensland Civil and Administrative Tribunal Rules 2009 – 4 April 2016

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The Queensland Civil and Administrative Tribunal (QCAT) is established as a tribunal with jurisdiction to hear and decide minor civil disputes (among other matters). What constitutes a ‘minor civil dispute’ is defined in the Schedule 3 dictionary. A civil dispute is minor if it does not exceed the prescribed amount of $25,000.

  • Sections 8, 9, 10, 11, 12, 161, Schedule 3

When reviewing a decision, the tribunal has all the functions of the original decision-maker. A review is by way of a fresh hearing on the merits.

  • Sections 19, 20, 22, 24

In conducting a proceeding, the tribunal is not bound by the rules of evidence. In addition, the tribunal must act with as little formality and technicality and with as much speed as is permissible.

  • Sections 28, 29, 32, 57, 61, 62, 70, 74, 78, 83, 90, 95; Rule 72 of the Queensland Civil and Administrative Tribunal Rules 2009

An application to the tribunal must be in a prescribed form and must state the reasons for the application. An application for review of a reviewable decision must generally be made within 28 days of the applicant being notified of the original decision. If an application is accepted, the applicant must give a copy of the application to each party to the proceedings. Note: The rules for starting proceedings, etc are found in the Queensland Civil and Administrative Tribunal Rules 2009.

  • Sections 13, 14, 33, 35, 36, 37, 38, 50, 50A, 58, 59, 60, 67, 75, 84, 85, 86, 87, 88, 100, 102, 103, 105, 106, 114; Regulations 5, 6 of the Queensland Civil and Administrative Tribunal Regulation 2009, Schedule 1 of the Queensland Civil and Administrative Tribunal Regulation 2009; Rules 7, 8, 10, 18, 19, 24, 26, 28, 29, 30, 35, 38, 39, 42, 43, 44, 45, 64, 65, 66, 67, 83, 84 of the Queensland Civil and Administrative Tribunal Rules 2009

Parties to tribunal proceedings are to be generally self-represented. Exceptions apply e.g. child, person with impaired capacity.

  • Sections 43, 68, 76; Rules 54, 55 of the Queensland Civil and Administrative Tribunal Rules 2009

Decisions of the tribunal may be appealed to the appeal tribunal. Note: A decision in relation to a minor civil dispute (and some other types of decisions) may only be appealed with the leave of the appeal tribunal. Timeframes for appeal are set out in sections 143 and 151.

  • Sections 142, 143, 146, 147, 149, 151, 153, 154; Regulation 8 of the Queensland Civil and Administrative Tribunal Regulation 2009; Rules 94, 95, 96 of the Queensland Civil and Administrative Tribunal Rules 2009

The decision-maker for a reviewable decision must give written notice of the decision (including reasons for decision) to each person who may apply to the tribunal for a review of the decision. If a written statement of the reasons for decision has not been provided, a person may request the reasons for decision from the decision-maker by a request in writing within 14 days of receipt of the decision. If reasons for decision received are not adequate, the person may apply to the tribunal for an order for further and better particulars.

  • Sections 157, 158, 159, 160

The president of the tribunal may make practice directions about the practices and procedures of the tribunal.

  • Section 226
Reason for law

To establish an independent tribunal to deal with matters in a way that is accessible, fair, just, economical, informal and quick. (Section 3)

Relevant links

Queensland Civil and Administrative Tribunal

Queensland Government: Queensland Civil and Administrative Tribunal

Forms

Practice directions

Publications

Tree orders register

QCAT & QCATA Decisions [Supreme Court of Queensland Library]

Critique

Schedule 3 references the term ‘Sovereign’. This term may be replaced with modern terminology.

Rule 67(2) may unnecessarily modify the common law.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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