Introduction

This fact sheet provides an overview on what happens to your matter if you have already commenced proceedings in a Tribunal or other forum which is now being replaced by the Queensland Civil and Administrative Tribunal (QCAT) from 1 December 2009.

The following information refers to provisions of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).You should always refer to the "enabling Act" for any transitional provisions specific to your type of matter. The enabling Act is the piece of legislation which confers power on QCAT to hear a matter.

Some terminology

First, you need to determine whether you made your application to a "former tribunal" or a "continuing entity ".

A former tribunal is one which has been replaced by QCAT and no longer exists. For example, the Anti-Discrimination Tribunal, the Guardianship and Administration Tribunal and the Children Services Tribunal are all former tribunals. For a full list of former tribunals, see Schedule 1 of the QCAT Act 2009 (Qld).

A continuing entity means a court, a Minister administering an enabling Act (that is, legislation that confers jurisdiction on QCAT), or the Queensland Gaming Commission (s 244 QCAT Act).

Second, you need to determine whether your matter is a "pending proceeding" or not.

A matter is a pending proceeding if, as at 1 December 2009, the former tribunal or court:

(a) Has not started to hear the matter the subject of the proceeding; or
(b) Has started to hear the matter, but has not started to consider the evidence for the purpose of making its final decision in the proceeding (s 245, QCAT Act).

In other words, a pending proceeding is one in which the entity has not yet started to hear the evidence in the matter.

Applications to former tribunals

Applications before 1 December 2009

Where you have made an application to a former tribunal before 1 December 2009, and the matter is a pending proceeding, QCAT will hear the matter with:

• QCAT procedures;
• The former tribunal's powers and functions; and
• QCAT appeal rights (see s 256 and s 271, QCAT Act).

However, if the matter is not a pending proceeding (the entity has already started to hear evidence), then QCAT will hear the matter with:

• QCAT procedures;
• The former tribunal's power and functions; and
• The former tribunal's appeal rights (s 257 and s 271, QCAT Act).

Applications after 1 December 2009

If an application could have been made to a former tribunal before 1 December 2009, but was not made, then the application should now be made to QCAT and will be heard by QCAT, with:

• QCAT procedures,
• QCAT powers and functions; and
• QCAT appeal rights (s 255 QCAT Act).

Applications to continuing entities

Applications before 1 December 2009

Where you have made the application to a continuing entity before 1 December 2009, whether or not the application is a pending proceeding, then the continuing entity will hear the matter with:

• the continuing entity's procedure;
• the continuing entity's powers and functions;
• the continuing entity's appeal rights;

under the former Act as if the QCAT legislation had not been implemented (s 268(1)-(3), QCAT Act).

However, for pending proceedings before a court, then the court may decide to transfer the proceedings to QCAT with:

• QCAT procedures;
• The continuing entity's powers and functions under the former Act; and
• The continuing entity's appeal rights under the former Act (s 268(4)-(10) and s 271, QCAT Act).

Applications after 1 December 2009

If an application could have been made to a continuing entity before 1 December 2009, but was not made, then an application may be made to QCAT, and will be heard by QCAT, with QCAT's procedures, powers and functions and appeal rights (s 267 QCAT Act).

If the continuing entity still has jurisdiction to hear the matter despite the commencement of QCAT, then an application may be made to the continuing entity rather than QCAT (s 267 QCAT Act).

Decisions of former tribunals

The decisions of former tribunals are taken to be the final decisions of QCAT (s 252(1) QCAT Act). This means that a decision of a former tribunal can be reviewed by QCAT, if it has power to do so, or can be enforced as if it were a decision of QCAT.

If, before 1 December 2009, an application was made to the former tribunal to deal with the final decision of the former tribunal, such as to amend or correct the decision or to revoke the decision, then the application is taken to be an application to QCAT. QCAT can only exercise the functions of the former Tribunal under the former Act (s 252(3), QCAT Act).

Appeals from decisions of former tribunals

If, as at 1 December 2009, you had a right to appeal the decision of a former tribunal to a court, then you may still appeal to the court against that decision under the former Act as if it was still in force (ss 258 QCAT Act).

Any appeals which have already been filed will be heard and decided by the court under the former Act as if it were still in force (s 259 QCAT Act).

If the decision of the court is to remit the matter to the former tribunal, then the matter is remitted back to QCAT and QCAT deals with that matter under the former Act as if it were still in force, with the former tribunal's powers and functions (s 260 QCAT Act).

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