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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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