Introduction

When you make an application to the Queensland Civil and Administrative Tribunal (QCAT) you will need to lodge an application form and any supporting documents with the QCAT registry. The other party to the matter may also be required to file documents with QCAT to enable QCAT to deal with the application.

QCAT is also required to keep a register of certain details about each proceeding.

It is sometimes a good idea to have a look at the record or register for your proceeding if you are not sure what stage the proceedings are at, to confirm what documents have been lodged with the court or to take copies of documents which are not in your possession.

This factsheet sets out how you can inspect the information kept by QCAT about your proceeding.

However, in relation to accessing information about guardianship and administration matters,  please see Presidential Direction 1 of 2009 - http://www.qcat.qld.gov.au/practice-directions.htm

What is the record for a proceeding?

Under s 230 of the Queensland Civil and Administration Tribunal Act 2009 (Qld) (QCAT Act), the principal registrar must keep a record containing all documents filed in the registry for the proceeding.

Who can inspect the record for a proceeding?

A party to a proceeding may inspect the record for that proceeding, free of charge (s 230(2) QCAT Act).

A person who is not a party to a proceeding may inspect the record for a fee (s 230(3) QCAT Act).  The fees for inspection are set out in Schedule 2 to the Queensland Civil and Administration Tribunal Regulation 2009.

What is the register of proceedings?

Under s 229 of the QCAT Act, the principal registrar must keep a register of proceedings.

The register must contain the following information about each proceeding:

• The proceeding file number;
• The names of the parties;
• The enabling Act conferring jurisdiction on QCAT to deal with the proceeding;
• If the proceeding is withdrawn, the date of the withdrawal;
• If the proceedings have been transferred, or partly transferred, to another tribunal, court or other entity, then certain information about that transfer; and
• QCAT's final decision in the proceeding  (Rule 100 QCAT Rules 2009).

Who can inspect the register of proceedings?

The register of proceedings must be available for inspection by the public at the Brisbane office of the registry during office hours on business days (s 229(2) QCAT Act).

A party to a proceeding may inspect the part of the register relating to their proceedings without charge (s 229(3) QCAT Act).

Another person may inspect the register upon payment of the fee prescribed in the QCAT Rules (s 229(4), QCAT Act).

Can I take copies of the record or register?

Any person can take copies of documents from the record or part of the register upon payment of a fee (s 229(4)(b) and s 230(3)(b) QCAT Act). The fees are set out in Schedule 2 to the QCAT Regulation.

How can I stop another person from inspecting the record or register for my proceedings?

PLEASE NOTE: Section 66 and non-publication orders do not apply to matters being heard under the Guardianship and Administration Act 2000 (Qld) (s 101, Guardianship and Administration Act 2000 (Qld)) For more information about restricting the publication of information under that Act, see GAA - Functions and Powers of the Tribunal.

QCAT has the power to stop the publication of documents and information other than to certain persons. This is known as a non-publication order. A non-publication order can be made over:

• The contents of a document or thing produced to QCAT;
• Evidence given at the Tribunal; or
• Identifying information of people who have appeared before QCAT or are affected by a proceeding (s 66(1) QCAT Act).

QCAT can only make a non-publication order if it considers it necessary:

• To avoid interference with the proper administration of justice;
• To avoid endangering the physical or mental health of a person;
• To avoid offending public decency or morality;
• To avoid publication of confidential information or information whose publication would be contrary to the public interest; or
• For any other reason in the interests of justice (s 66(2) QCAT Act).

If a non-publication order has been made over documents or information contained in the record for a proceeding or the register of proceedings, then only people specified in the order may access that information. You can apply to QCAT for a non-publication order under s 66(3) of the QCAT Act using Form 40 - Application for miscellaneous maters (see http://www.qcat.qld.gov.au/forms.htm).

Contact us

Please contact QPILCH by:

E:    qcatadmin@qpilch.org.au
T:    07 3846 6317
F:    07 3846 6311
P:    QPILCH, PO Box 3631, South Brisbane BC, Qld 4101

Last updated: 10 May 2011.