Queensland Numbered Acts

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QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2009 NO. 23


TABLE OF PROVISIONS

           Contents

           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
   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
   25.     Generally
   26.     Jurisdiction for decisions of the tribunal
   27.     When appeal jurisdiction exercised
           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 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.     Restriction on new application or referral
           Division 2--Decision by default
   50.     Decision by default for debt
   51.     Setting aside decision by default
           Division 3--Transfer
   52.     Transfer to more appropriate forum
   53.     Transfer from a court
           Division 4--Consolidation or sequence directions
   54.     Consolidation
   55.     Sequence
   56.     Variation of direction
           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 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 mediation
   86.     Settlement other than in compulsory conference or at 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
   110.    Appointment
   111.    Helping the tribunal
   112.    Costs for assessor
   113.    Disclosure of interests
           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
   126.    Effect of decision
   127.    When decision takes effect
   128.    Procedural defects etc.
           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
   133.    Application for renewal
   134.    Renewed final decision
           Division 6--Correcting mistakes
   135.    Tribunal may correct mistake
           Division 7--Reopening
   136.    Application of div 7
   137.    Definitions for div 7
   138.    Application to reopen
   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
   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 and ordinary members
           Division 4--Supplementary members
   192.    Appointment of supplementary members
   193.    Vacancy of office
   194.    Resignation
           Part 4--Adjudicators
   195.    Functions generally
   196.    Independence
   197.    Referring matters to president
   198.    Appointment of adjudicators
   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
           Part 5--The Queensland Civil and Administrative Tribunal Registry
   207.    Registry established
   208.    Appointment of officers and staff
   209.    Role of chief executive
   210.    Principal registrar
   211.    Registrar
   212.    Principal registrar must disclose interests

           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
   233.    Confidentiality generally
   234.    Further limitation on disclosure to a court etc.
           Division 3--Evidentiary provisions
   235.    Appointment and authority
   236.    Signatures and documents
           Division 4--Protection from liability
   237.    Immunity of participants etc.
   238.    Protection from civil liability
           Division 5--Other provisions
   239.    Contracting out prohibited
   240.    Review of Act
   241.    Approved forms
   242.    Regulation-making power

           CHAPTER 6--REPEAL PROVISION

   243.    Repeals

           CHAPTER 7--TRANSITIONAL PROVISIONS
           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
   256.    Pending proceeding
   257.    Other proceeding
           Division 4--Appeal against decision of a former tribunal
   258.    Appeal yet to be started
   259.    Appeal started
   260.    Effect of court's decision in appeal
           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
   267.    Proceeding not yet started
   268.    Proceeding started
           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
   278.     Transitional regulation-making power
   279.    Effect of subordinate legislation amendments in QCAT Amendment Act
           SCHEDULE 1 -- FORMER TRIBUNALS
           SCHEDULE 2 -- SUBJECT MATTER FOR RULES
   1.      Functions of principal registrar and registrars
   2.      Divisions and lists of the tribunal
   3.      Constitution of the tribunal
   4.      Starting proceedings
   5.      Transfers of matters and appeals
   6.      Representation
   7.      Service of notices or other documents
   8.      Responses to applications
   9.      Ending proceedings early
   10.     Documents or evidence to be filed or produced
   11.     Disclosure
   12.     Evidence
   13.     Compulsory conferences
   14.     Mediation
   15.     Reserved decisions
   16.     Hearings
   17.     Costs
   18.     Renewing final decision
   19.     Correcting mistakes
   20.     Reopening proceedings
   21.     Appeals
   22.     Applying court rules about contempt
   23.     Register of proceedings
   24.     Electronic transmissions etc.
           SCHEDULE 3 -- DICTIONARY
           
           


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