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This is a Bill, not an Act. For current law, see the Acts databases.


QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL BILL 2009

           Queensland



Queensland Civil and
Administrative Tribunal Bill
2009

 


 

 

Queensland Queensland Civil and Administrative Tribunal Bill 2009 Contents Page Chapter 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Tribunal's functions relating to the objects . . . . . . . . . . . . . . . . . . 14 5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Relationship between this Act and enabling Acts generally . . . . . 15 7 Application of Act if modifying provision in enabling Act. . . . . . . . 17 8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal Division 1 Preliminary 9 Jurisdiction generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2 Original jurisdiction 10 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 11 Jurisdiction for minor civil disputes . . . . . . . . . . . . . . . . . . . . . . . . 20 12 When jurisdiction for minor civil dispute exercised . . . . . . . . . . . . 20 13 Deciding minor civil dispute generally . . . . . . . . . . . . . . . . . . . . . 21 14 Awarding interest for minor civil dispute . . . . . . . . . . . . . . . . . . . . 23 15 When jurisdiction conferred by enabling Act exercised . . . . . . . . 23 16 Functions for jurisdiction conferred by enabling Act . . . . . . . . . . . 24 Division 3 Review jurisdiction 17 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 18 When review jurisdiction exercised. . . . . . . . . . . . . . . . . . . . . . . . 24 19 Exercising review jurisdiction generally . . . . . . . . . . . . . . . . . . . . 24 20 Review involves fresh hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 21 Decision-maker must help tribunal . . . . . . . . . . . . . . . . . . . . . . . . 25 22 Effect of review on reviewable decision . . . . . . . . . . . . . . . . . . . . 26 23 Inviting decision-maker to reconsider decision. . . . . . . . . . . . . . . 27 24 Functions for review jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 4 Appeal jurisdiction 25 Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 26 Jurisdiction for decisions of the tribunal . . . . . . . . . . . . . . . . . . . . 29 27 When appeal jurisdiction exercised . . . . . . . . . . . . . . . . . . . . . . . 29 Part 2 Practices and procedures 28 Conducting proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . 30 29 Ensuring proper understanding and regard . . . . . . . . . . . . . . . . . 31 30 Principal registrar to help parties and potential parties . . . . . . . . 32 31 Related criminal or disciplinary action . . . . . . . . . . . . . . . . . . . . . 32 32 Proceeding by remote conferencing or on the papers . . . . . . . . . 32 Part 3 Starting proceeding 33 Making an application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 34 Referring matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 35 Acceptance or rejection of application or referral . . . . . . . . . . . . . 35 36 When proceeding starts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38 Prescribed fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 4 Parties to a proceeding 39 Parties to original jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 40 Parties to review jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 41 Intervention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 42 Joining parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 43 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 44 Use of interpreters and other persons . . . . . . . . . . . . . . . . . . . . . 41 45 General obligation of parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 5 Preliminary dealings with proceeding Division 1 Early end to proceeding 46 Withdrawal of application or referral . . . . . . . . . . . . . . . . . . . . . . . 42 47 Dismissing, striking out or deciding if unjustified proceeding or part .......................................... 42 48 Dismissing, striking out or deciding if party causing disadvantage .................................. 43 Page 2

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 49 Restriction on new application or referral . . . . . . . . . . . . . . . . . . . 45 Division 2 Decision by default 50 Decision by default for debt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 51 Setting aside decision by default . . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 3 Transfer 52 Transfer to more appropriate forum . . . . . . . . . . . . . . . . . . . . . . . 47 53 Transfer from a court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Division 4 Consolidation or sequence directions 54 Consolidation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 55 Sequence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 56 Variation of direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 6 Other provisions about a proceeding Division 1 Procedural powers 57 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 58 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 59 Injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 60 Declarations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 61 Relief from procedural requirements . . . . . . . . . . . . . . . . . . . . . . 53 62 Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 63 Obtaining a document or thing from third parties . . . . . . . . . . . . . 54 64 Amending particular documents. . . . . . . . . . . . . . . . . . . . . . . . . . 55 65 Dealing with documents and other things . . . . . . . . . . . . . . . . . . 56 66 Non-publication orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 2 Compulsory conferences 67 Direction by tribunal or principal registrar . . . . . . . . . . . . . . . . . . . 58 68 Personal or representative attendance. . . . . . . . . . . . . . . . . . . . . 58 69 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 70 Procedure generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 71 Orders and directions generally . . . . . . . . . . . . . . . . . . . . . . . . . . 60 72 Party fails to attend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 73 Member or adjudicator presiding . . . . . . . . . . . . . . . . . . . . . . . . . 61 74 Inadmissibility of particular evidence . . . . . . . . . . . . . . . . . . . . . . 62 Division 3 Mediation 75 Referral by tribunal or principal registrar . . . . . . . . . . . . . . . . . . . 62 76 Personal or representative attendance. . . . . . . . . . . . . . . . . . . . . 63 77 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Page 3

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 78 Procedure generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 79 Who may be a mediator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 80 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 81 Member or adjudicator conducting mediation . . . . . . . . . . . . . . . 65 82 Notification of outcome. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 83 Inadmissibility of particular evidence . . . . . . . . . . . . . . . . . . . . . . 65 Division 4 Settlement and accepted offers to settle 84 Settlement in compulsory conference . . . . . . . . . . . . . . . . . . . . . 66 85 Settlement at mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 86 Settlement other than in compulsory conference or at mediation 67 87 Limitation on making order giving effect to settlement . . . . . . . . . 67 88 Effect of order giving effect to settlement . . . . . . . . . . . . . . . . . . . 67 89 Consequences if accepted offer to settle is not complied with . . . 68 Division 5 Hearings 90 Public hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 91 Support person may be allowed in private hearing . . . . . . . . . . . 69 92 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 93 Deciding in absence of person . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 94 Expedited hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 95 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 96 Authorising taking of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 97 Requiring witness to attend or produce document or thing . . . . . 73 98 Powers relating to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 99 Dealing with special witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 6 Costs 100 Each party usually bears own costs . . . . . . . . . . . . . . . . . . . . . . . 76 101 Limitation for children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 102 Costs against party in interests of justice . . . . . . . . . . . . . . . . . . . 76 103 Costs against representative in interests of justice . . . . . . . . . . . 77 104 Costs against intervening parties . . . . . . . . . . . . . . . . . . . . . . . . . 77 105 Other power to award costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 106 Costs awarded at any stage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 107 Fixing or assessing costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 108 Staying proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 109 Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Page 4

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents Division 7 Assessors 110 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 111 Helping the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 112 Costs for assessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 113 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Part 7 Decisions and enforcement Division 1 Making decision 114 Conditions and ancillary orders and directions. . . . . . . . . . . . . . . 82 115 More than 1 member constitutes tribunal . . . . . . . . . . . . . . . . . . . 82 116 Deciding question of law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 117 Referring question of law to president . . . . . . . . . . . . . . . . . . . . . 84 118 Referring question of law to Court of Appeal . . . . . . . . . . . . . . . . 84 119 Decision to be given within a reasonable time . . . . . . . . . . . . . . . 85 Division 2 Giving decision etc. 120 Giving decision or notice to particular persons. . . . . . . . . . . . . . . 85 121 Giving final decision other than in an appeal . . . . . . . . . . . . . . . . 85 122 Request for written reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 123 Transcript or audio recording is sufficient . . . . . . . . . . . . . . . . . . . 87 124 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 125 Publication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 3 Effect of decision and its validity 126 Effect of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 127 When decision takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 128 Procedural defects etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 4 Enforcing final decision 129 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 130 Application of Limitation of Actions Act 1974 . . . . . . . . . . . . . . . . 89 131 Monetary decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 132 Non-monetary decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 5 Renewal of final decision 133 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 134 Renewed final decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Division 6 Correcting mistakes 135 Tribunal may correct mistake . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Division 7 Reopening 136 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Page 5

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 137 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 138 Application to reopen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 139 Deciding whether to reopen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 140 Effect of decision to reopen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 141 No appeal until application finally dealt with. . . . . . . . . . . . . . . . . 96 Part 8 Appeals etc. Division 1 Appeals to appeal tribunal 142 Party may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 143 Appealing or applying for leave to appeal. . . . . . . . . . . . . . . . . . . 98 144 Transfer to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 145 Effect of appeal on decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 146 Deciding appeal on question of law only . . . . . . . . . . . . . . . . . . . 100 147 Deciding appeal on question of fact or mixed law and fact. . . . . . 101 148 Giving final decision in an appeal. . . . . . . . . . . . . . . . . . . . . . . . . 101 Division 2 Appeals to Court of Appeal 149 Party may appeal--decisions of tribunal . . . . . . . . . . . . . . . . . . . 101 150 Party may appeal--decisions of appeal tribunal . . . . . . . . . . . . . 102 151 Appealing or applying for leave to appeal. . . . . . . . . . . . . . . . . . . 102 152 Effect of appeal on decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 153 Deciding appeal on question of law only . . . . . . . . . . . . . . . . . . . 104 154 Deciding appeal on question of fact or mixed law and fact. . . . . . 104 Division 3 Miscellaneous 155 Particular documents to be given to Court of Appeal . . . . . . . . . . 105 156 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . 106 Chapter 3 Reasons to be given for reviewable decisions 157 Information notice to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 158 Obtaining statement of reasons . . . . . . . . . . . . . . . . . . . . . . . . . . 107 159 Tribunal order requiring statement of reasons be given . . . . . . . . 108 160 Further statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Chapter 4 Establishment and administration Part 1 Establishment of tribunal 161 Queensland Civil and Administrative Tribunal . . . . . . . . . . . . . . . 109 162 Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 163 Operating throughout Queensland . . . . . . . . . . . . . . . . . . . . . . . . 109 164 Tribunal is a court of record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Page 6

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents Part 2 Constitution of tribunal 165 Constitution generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 166 Constitution of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 167 Choosing persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 168 Reconstitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 169 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 170 Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Part 3 Members of tribunal Division 1 General 171 The members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Division 2 The president and deputy president 172 President's functions generally. . . . . . . . . . . . . . . . . . . . . . . . . . . 114 173 Directions for president's function about training . . . . . . . . . . . . . 115 174 Deputy president's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 175 Appointment of the president . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 176 Appointment of the deputy president . . . . . . . . . . . . . . . . . . . . . . 117 177 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 178 Vacancy of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 179 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 180 Acting president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 181 Acting deputy president . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 182 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Division 3 Senior members and ordinary members 183 Appointment of senior members and ordinary members . . . . . . . 122 184 Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 185 Disclosure of changes in criminal history . . . . . . . . . . . . . . . . . . . 124 186 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 187 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 188 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 189 Suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 190 Investigation of suspended member. . . . . . . . . . . . . . . . . . . . . . . 127 191 Acting senior members and ordinary members . . . . . . . . . . . . . . 128 Division 4 Supplementary members 192 Appointment of supplementary members. . . . . . . . . . . . . . . . . . . 129 193 Vacancy of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 194 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Page 7

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents Part 4 Adjudicators 195 Functions generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 196 Independence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 197 Referring matters to president . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 198 Appointment of adjudicators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 199 Criminal history checks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 200 Disclosure of changes in criminal history . . . . . . . . . . . . . . . . . . . 134 201 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 202 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 203 Removal from office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 204 Suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 205 Investigation of suspended adjudicator . . . . . . . . . . . . . . . . . . . . 137 206 Acting adjudicators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Part 5 The Queensland Civil and Administrative Tribunal Registry 207 Registry established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 208 Appointment of officers and staff . . . . . . . . . . . . . . . . . . . . . . . . . 139 209 Role of chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 210 Principal registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 211 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 212 Principal registrar must disclose interests . . . . . . . . . . . . . . . . . . 141 Chapter 5 General Part 1 Offences and contempt 213 Contravening decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 214 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 215 Warrant may be issued if witness does not attend . . . . . . . . . . . . 142 216 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 143 217 Influencing participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 218 Contempt of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 219 Punishment of contempt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 220 Tribunal may exclude person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 221 Person not to be punished twice for same conduct . . . . . . . . . . . 146 222 Court's powers relating to person contravening non-publication order ........................................... 147 Part 2 Rules committee, rules and practice directions 223 The rules committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 224 Rule-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 Page 8

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 225 Rules are exempt from automatic expiry . . . . . . . . . . . . . . . . . . . 149 226 Practice directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Part 3 Miscellaneous provisions Division 1 Operation of tribunal 227 Arrangements with ombudsman. . . . . . . . . . . . . . . . . . . . . . . . . . 150 228 Oath of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 229 Register of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 230 Record for proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 231 Trust account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 232 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Division 2 Confidentiality 233 Confidentiality generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 234 Further limitation on disclosure to a court etc. . . . . . . . . . . . . . . . 155 Division 3 Evidentiary provisions 235 Appointment and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 236 Signatures and documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Division 4 Protection from liability 237 Immunity of participants etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 238 Protection from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Division 5 Other provisions 239 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 240 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 241 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 242 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Chapter 6 Repeal provision 243 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Chapter 7 Transitional provisions Part 1 Preliminary 244 Definitions for ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 245 What is a pending proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 246 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 164 Part 2 Transitional provisions about former tribunals Division 1 Abolition and related matters 247 Abolition of former tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 248 QCAT is legal successor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 249 Assets and liabilities etc. of a former tribunal . . . . . . . . . . . . . . . . 165 Page 9

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 250 Proceeding not yet started by or against a former tribunal. . . . . . 166 251 Proceeding to which a former tribunal was a party . . . . . . . . . . . 166 252 Existing final decisions of a former tribunal . . . . . . . . . . . . . . . . . 166 253 Records of former tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 254 References to former tribunals etc. . . . . . . . . . . . . . . . . . . . . . . . 167 Division 2 Proceeding not yet started before former tribunal 255 QCAT may deal with proceeding . . . . . . . . . . . . . . . . . . . . . . . . . 168 Division 3 Proceeding started before former tribunal 256 Pending proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 257 Other proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 Division 4 Appeal against decision of a former tribunal 258 Appeal yet to be started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 259 Appeal started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 260 Effect of court's decision in appeal . . . . . . . . . . . . . . . . . . . . . . . . 171 Division 5 Other matters 261 Particular request of former Children Services Tribunal . . . . . . . . 172 262 Annual reports for former tribunals . . . . . . . . . . . . . . . . . . . . . . . . 173 263 Transferring membership of particular members . . . . . . . . . . . . . 174 264 Particular offences continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 265 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 266 Particular penalties payable to particular entities . . . . . . . . . . . . . 177 Part 3 Transitional provisions about continuing entities 267 Proceeding not yet started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 268 Proceeding started . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Part 4 Conducting proceeding from former tribunal or continuing entity 269 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 270 Definition for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 271 Conduct of proceeding generally . . . . . . . . . . . . . . . . . . . . . . . . . 180 272 Time limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 273 Withdrawal of existing proceeding . . . . . . . . . . . . . . . . . . . . . . . . 182 274 Related proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 275 Inconsistencies and other difficulties . . . . . . . . . . . . . . . . . . . . . . 184 Part 5 Other transitional provisions 276 Information notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 277 Initial rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Page 10

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Contents 278 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 187 279 Effect of subordinate legislation amendments in QCAT Amendment Act ................................... 188 Schedule 1 Former tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 Schedule 2 Subject matter for rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 1 Functions of principal registrar and registrars . . . . . . . . . . . . . . . 191 2 Divisions and lists of the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . 191 3 Constitution of the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 4 Starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 5 Transfers of matters and appeals . . . . . . . . . . . . . . . . . . . . . . . . . 192 6 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 7 Service of notices or other documents . . . . . . . . . . . . . . . . . . . . . 192 8 Responses to applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 9 Ending proceedings early. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 10 Documents or evidence to be filed or produced . . . . . . . . . . . . . . 194 11 Disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 12 Evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 13 Compulsory conferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 14 Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 15 Reserved decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 16 Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 17 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 18 Renewing final decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 19 Correcting mistakes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 20 Reopening proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 21 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 22 Applying court rules about contempt . . . . . . . . . . . . . . . . . . . . . . 196 23 Register of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 24 Electronic transmissions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Page 11

 


 

 

2009 A Bill for An Act to establish the Queensland Civil and Administrative Tribunal, to provide for the making and reviewing of particular decisions by the tribunal, and for other matters relating to the tribunal

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 1 Short title 3 This Act may be cited as the Queensland Civil and 4 Administrative Tribunal Act 2009. 5 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 3 Objects 8 The objects of this Act are-- 9 (a) to establish an independent tribunal to deal with the 10 matters it is empowered to deal with under this Act or an 11 enabling Act; and 12 (b) to have the tribunal deal with matters in a way that is 13 accessible, fair, just, economical, informal and quick; 14 and 15 (c) to promote the quality and consistency of tribunal 16 decisions; and 17 (d) to enhance the quality and consistency of decisions 18 made by decision-makers; and 19 (e) to enhance the openness and accountability of public 20 administration. 21 4 Tribunal's functions relating to the objects 22 To achieve the objects of this Act, the tribunal must-- 23 Page 14

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 1 Preliminary [s 5] (a) facilitate access to its services throughout Queensland; 1 and 2 (b) encourage the early and economical resolution of 3 disputes before the tribunal, including, if appropriate, 4 through alternative dispute resolution processes; and 5 (c) ensure proceedings are conducted in an informal way 6 that minimises costs to parties, and is as quick as is 7 consistent with achieving justice; and 8 (d) ensure like cases are treated alike; and 9 (e) ensure the tribunal is accessible and responsive to the 10 diverse needs of persons who use the tribunal; and 11 (f) maintain specialist knowledge, expertise and experience 12 of members and adjudicators; and 13 (g) ensure the appropriate use of the knowledge, expertise 14 and experience of members and adjudicators; and 15 (h) encourage members and adjudicators to act in a way that 16 promotes the collegiate nature of the tribunal; and 17 (i) maintain a cohesive organisational structure. 18 5 Act binds all persons 19 This Act binds all persons, including the State and, as far as 20 the legislative power of the Parliament permits, the 21 Commonwealth and the other States. 22 6 Relationship between this Act and enabling Acts 23 generally 24 (1) This Act provides for the tribunal's jurisdiction and related 25 functions, and the practices and procedures for proceedings 26 before the tribunal. 27 (2) An enabling Act is-- 28 (a) an Act, other than this Act, that confers original, review 29 or appeal jurisdiction on the tribunal; or 30 Page 15

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 1 Preliminary [s 6] (b) subordinate legislation, other than subordinate 1 legislation under this Act, that confers review 2 jurisdiction on the tribunal. 3 (3) An enabling Act conferring original jurisdiction on the 4 tribunal will generally state the tribunal's functions in the 5 jurisdiction, which may add to, otherwise vary, or exclude 6 functions stated in this Act. 7 (4) An enabling Act that is an Act conferring review jurisdiction 8 on the tribunal may state the tribunal's functions in the 9 jurisdiction, which may add to, otherwise vary, or exclude 10 functions stated in this Act. 11 (5) An enabling Act conferring review jurisdiction on the tribunal 12 may also confer jurisdiction on the tribunal to stay a decision 13 made under the enabling Act while the decision is being 14 reviewed under the enabling Act by an entity other than the 15 tribunal. 16 (6) An enabling Act conferring appeal jurisdiction on the tribunal 17 may state the tribunal's functions in the jurisdiction, which 18 may add to, otherwise vary, or exclude functions stated in this 19 Act. 20 (7) An enabling Act that is an Act may also include provisions 21 about the following matters, which may add to, otherwise 22 vary, or exclude provisions of this Act about the matters-- 23 (a) requirements about applications, referrals or appeals for 24 jurisdiction conferred by the enabling Act; 25 Examples-- 26 · the period within which an application, referral or appeal 27 must be made 28 · documents required to accompany an application, referral or 29 appeal 30 (b) the conduct of proceedings for jurisdiction conferred by 31 the enabling Act, including practices and procedures, 32 and the tribunal's powers, for the proceedings; 33 Page 16

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 1 Preliminary [s 7] Examples-- 1 · the availability or non-availability of stays of the operation 2 of a decision the subject of a proceeding 3 · persons who must be notified of a proceeding, a hearing of a 4 proceeding or the tribunal's decision in a proceeding 5 · additional persons who are a party to a proceeding 6 · persons who may be represented in a proceeding without 7 the tribunal's leave 8 · hearings that must be held in private 9 (c) the enforcement of the tribunal's decisions in a 10 proceeding for jurisdiction conferred by the enabling 11 Act. 12 (8) This section does not limit another provision of this Act 13 authorising an enabling Act to provide for a particular matter. 14 (9) To remove any doubt, it is declared that an enabling Act that is 15 subordinate legislation-- 16 (a) may only confer jurisdiction, including jurisdiction to 17 stay a decision, on the tribunal; and 18 (b) can not add to, otherwise vary, or exclude anything 19 provided in this Act or an enabling Act that is an Act. 20 7 Application of Act if modifying provision in enabling Act 21 (1) This section applies if a provision of an enabling Act (the 22 modifying provision) provides for-- 23 (a) the tribunal's functions in jurisdiction conferred by the 24 enabling Act; or 25 (b) a matter mentioned in section 6(7). 26 (2) The modifying provision prevails over the provisions of this 27 Act, to the extent of any inconsistency between them. 28 (3) This Act must be read, with any necessary changes, as if the 29 modifying provision were a part of this Act. 30 (4) Without limiting subsection (3)-- 31 Page 17

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 1 Preliminary [s 8] (a) in a provision of this Act relating to a person starting a 1 proceeding, a reference to the person doing something 2 under this Act is taken to be a reference to the person 3 doing the thing under this Act or a modifying provision; 4 and 5 (b) in a provision of this Act relating to the tribunal 6 conducting a proceeding, a reference to the tribunal 7 doing something under this Act is taken to be a 8 reference to the tribunal doing the thing under this Act 9 or a modifying provision. 10 (5) This section does not prevent an enabling Act from expressly 11 stating how this Act applies in relation to the modifying 12 provision, including, for example, by stating that stated 13 provisions of this Act do not apply, or apply subject to stated 14 variations. 15 (6) In this section-- 16 enabling Act means an enabling Act that is an Act. 17 8 Definitions 18 The dictionary in schedule 3 defines particular words used in 19 this Act. 20 Page 18

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 9] Chapter 2 Jurisdiction and procedure 1 Part 1 Jurisdiction of tribunal 2 Division 1 Preliminary 3 9 Jurisdiction generally 4 (1) The tribunal has jurisdiction to deal with matters it is 5 empowered to deal with under this Act or an enabling Act. 6 (2) Jurisdiction conferred on the tribunal is-- 7 (a) original jurisdiction; or 8 (b) review jurisdiction; or 9 (c) appeal jurisdiction. 10 (3) Without limiting the Acts Interpretation Act 1954, section 11 49A, an enabling Act confers jurisdiction on the tribunal to 12 deal with a matter if the enabling Act provides for an 13 application, referral or appeal to be made to the tribunal in 14 relation to the matter. 15 (4) The tribunal may do all things necessary or convenient for 16 exercising its jurisdiction. 17 Division 2 Original jurisdiction 18 10 Generally 19 (1) The tribunal's original jurisdiction is-- 20 (a) the jurisdiction conferred on the tribunal by section 11; 21 and 22 (b) the jurisdiction conferred on the tribunal under an 23 enabling Act to decide a matter in the first instance. 24 Page 19

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 11] (2) The tribunal's original jurisdiction under subsection (1)(b) 1 includes jurisdiction conferred on the tribunal under an 2 enabling Act to review a decision of the tribunal made under 3 the enabling Act. 4 Note-- 5 See, for example-- 6 (a) the Guardianship and Administration Act 2000, chapter 3, part 3, 7 division 2; or 8 (b) the Health Practitioners (Professional Standards) Act 1999, section 9 337. 10 11 Jurisdiction for minor civil disputes 11 The tribunal has jurisdiction to hear and decide a minor civil 12 dispute. 13 12 When jurisdiction for minor civil dispute exercised 14 (1) The tribunal may exercise its jurisdiction for a minor civil 15 dispute if a relevant person has, under this Act, applied to the 16 tribunal to deal with the dispute. 17 (2) A relevant person may, as provided for in subsection (3), 18 agree to limit the person's claim to the prescribed amount in 19 order to bring the claim within the tribunal's jurisdiction for a 20 minor civil dispute. 21 (3) A relevant person limits the person's claim to the prescribed 22 amount by applying to the tribunal to deal with the claim as a 23 minor civil dispute. 24 (4) In this section-- 25 relevant person means-- 26 (a) for a claim to recover a debt or liquidated demand of 27 money--a person to whom the debt is owed or money is 28 payable; or 29 Page 20

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 13] (b) subject to paragraphs (c) to (g), for a claim arising out of 1 a contract between a consumer and a trader--the 2 consumer; or 3 (c) for a claim arising out of a contract between 2 or more 4 traders--any of the traders; or 5 (d) for a claim for payment of an amount for damage to 6 property caused by, or arising out of the use of, a 7 vehicle--a person incurring loss because of the damage; 8 or 9 (e) for a claim for repair of a defect in a motor vehicle under 10 the Property Agents and Motor Dealers Act 2000, 11 section 248 or 324--the buyer of the vehicle; or 12 (f) for a tenancy matter--a person who, under the 13 Residential Tenancies and Rooming Accommodation 14 Act 2008, may apply to the tribunal for a decision in 15 relation to the matter; or 16 (g) for a claim that is the subject of a dispute under the 17 Dividing Fences Act 1953--a party to the dispute. 18 13 Deciding minor civil dispute generally 19 (1) In a proceeding for a minor civil dispute, the tribunal must 20 make orders that it considers fair and equitable to the parties 21 to the proceeding in order to resolve the dispute but may, if the 22 tribunal considers it appropriate, make an order dismissing the 23 application. 24 (2) For subsection (1), the tribunal may make only the following 25 final decisions to resolve the dispute-- 26 (a) for a claim mentioned in schedule 3, definition minor 27 civil dispute, paragraph 1(a), (b), (c) or (d)-- 28 (i) an order requiring a party to the proceeding to pay 29 a stated amount to a stated person; or 30 (ii) an order that a stated amount is not due or owing 31 by the applicant to a stated person, or by any party 32 to the proceeding to the applicant; or 33 Page 21

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 13] (iii) an order requiring a party to the proceeding, other 1 than the applicant, to perform work to rectify a 2 defect in goods or services to which the claim 3 relates; or 4 (iv) an order requiring a party to the proceeding to 5 return goods that relate to the claim and are in the 6 party's possession or control to a stated person; or 7 (v) an order combining 2 or more orders mentioned in 8 subparagraphs (i) to (iv); 9 (b) for a tenancy matter--a decision the tribunal may make 10 in relation to the matter under the Residential Tenancies 11 and Rooming Accommodation Act 2008; 12 (c) for a claim that is the subject of a dispute under the 13 Dividing Fences Act 1953--an order a Magistrates 14 Court could make in relation to the claim under that Act. 15 (3) However, the tribunal can not make an order or decision under 16 subsection (2) that-- 17 (a) purports to require payment of an amount, performance 18 of work or return of goods of a value of more than the 19 prescribed amount; or 20 (b) purports to grant relief of a value of more than the 21 prescribed amount from the payment of an amount; or 22 (c) combines 2 or more orders mentioned in subsection 23 (2)(a)(i) to (iv) and purports to award or declare 24 entitlements or benefits (or both) of a total value of more 25 than the prescribed amount. 26 (4) Subsection (3) does not apply to-- 27 (a) a claim for repair of a defect in a motor vehicle under 28 the Property Agents and Motor Dealers Act 2000, 29 section 324; or 30 (b) a tenancy matter. 31 Page 22

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 14] Note-- 1 See the Residential Tenancies and Rooming Accommodation Act 2 2008, section 516 for tenancy matters involving amounts greater 3 than the prescribed amount. 4 14 Awarding interest for minor civil dispute 5 (1) This section applies in relation to a minor civil dispute 6 involving a claim to recover a debt or liquidated demand of 7 money. 8 (2) However, this section does not apply in relation to a minor 9 civil dispute involving a claim to recover a debt or liquidated 10 demand of money on which interest is payable as of right 11 whether because of an agreement or otherwise. 12 (3) The tribunal may order that there be included in the amount 13 payable under the tribunal's order under section 13 for the 14 dispute interest at the rate the tribunal considers appropriate-- 15 (a) for all or part of the amount; and 16 (b) for all or part of the period between the date when the 17 dispute arose and the date the tribunal made its order 18 under section 13. 19 (4) This section does not authorise the giving of interest on 20 interest. 21 15 When jurisdiction conferred by enabling Act exercised 22 The tribunal may exercise its original jurisdiction conferred 23 by an enabling Act if-- 24 (a) a person has, under this Act, applied to the tribunal to 25 exercise its original jurisdiction; or 26 (b) a person has, under this Act, referred a matter to the 27 tribunal to exercise its original jurisdiction. 28 Page 23

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 16] 16 Functions for jurisdiction conferred by enabling Act 1 In exercising its original jurisdiction conferred by an enabling 2 Act, the tribunal may perform the functions conferred on the 3 tribunal by this Act or the enabling Act. 4 Division 3 Review jurisdiction 5 17 Generally 6 (1) The tribunal's review jurisdiction is the jurisdiction conferred 7 on the tribunal by an enabling Act to review a decision made 8 or taken to have been made by another entity under that Act. 9 (2) For this Act, a decision mentioned in subsection (1) is a 10 reviewable decision and the entity that made or is taken to 11 have made the decision is the decision-maker for the 12 reviewable decision. 13 18 When review jurisdiction exercised 14 (1) The tribunal may exercise its review jurisdiction if a person 15 has, under this Act, applied to the tribunal to exercise its 16 review jurisdiction for a reviewable decision. 17 (2) A person may apply to the tribunal to exercise its review 18 jurisdiction for a reviewable decision, and the tribunal may 19 deal with the application, even if the decision is also the 20 subject of a complaint, preliminary inquiry or investigation 21 under the Ombudsman Act 2001. 22 19 Exercising review jurisdiction generally 23 In exercising its review jurisdiction, the tribunal-- 24 (a) must decide the review in accordance with this Act and 25 the enabling Act under which the reviewable decision 26 being reviewed was made; and 27 Page 24

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 20] (b) may perform the functions conferred on the tribunal by 1 this Act or the enabling Act under which the reviewable 2 decision being reviewed was made; and 3 (c) has all the functions of the decision-maker for the 4 reviewable decision being reviewed. 5 20 Review involves fresh hearing 6 (1) The purpose of the review of a reviewable decision is to 7 produce the correct and preferable decision. 8 (2) The tribunal must hear and decide a review of a reviewable 9 decision by way of a fresh hearing on the merits. 10 21 Decision-maker must help tribunal 11 (1) In a proceeding for the review of a reviewable decision, the 12 decision-maker for the reviewable decision must use his or her 13 best endeavours to help the tribunal so that it can make its 14 decision on the review. 15 (2) Without limiting subsection (1), the decision-maker must 16 provide the following to the tribunal within a reasonable 17 period of not more than 28 days after the decision-maker is 18 given a copy of the application for the review under section 19 37-- 20 (a) a written statement of the reasons for the decision; 21 (b) any document or thing in the decision-maker's 22 possession or control that may be relevant to the 23 tribunal's review of the decision. 24 (3) If the tribunal considers there are additional documents or 25 things in the decision-maker's possession or control that may 26 be relevant to the tribunal's review of the reviewable decision, 27 the tribunal may, by written notice, require the decision-maker 28 to provide the documents or things. 29 (4) If the tribunal considers the statement of reasons given under 30 subsection (2)(a) is not adequate, the tribunal may, by written 31 Page 25

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 22] notice, require the decision-maker to give the tribunal an 1 additional statement containing stated further particulars. 2 (5) The decision-maker must comply with a notice given under 3 subsection (3) or (4) within the period stated in the notice. 4 (6) A requirement under this section that the decision-maker give 5 the tribunal information or a document or other thing applies 6 despite any provision in an Act prohibiting or restricting the 7 disclosure of the information or the information contained in 8 the document or thing. 9 Notes-- 10 1 Under section 66, the tribunal may make an order prohibiting the 11 publication of the information, or the information contained in the 12 document or thing, other than in the way and to the persons stated 13 in the order. 14 2 Under section 90(2), the tribunal may direct a hearing, or a part of a 15 hearing, in which the information, or information contained in the 16 document or thing, is disclosed to be held in private. 17 22 Effect of review on reviewable decision 18 (1) The start of a proceeding for the review of a reviewable 19 decision under this Act does not affect the operation of the 20 decision or prevent the implementation of the decision. 21 (2) However, subsection (1) does not apply if-- 22 (a) an enabling Act that is an Act provides otherwise; or 23 (b) the tribunal has made an order staying the operation of 24 the reviewable decision under this section and the order 25 is still in effect. 26 (3) The tribunal may, on application of a party or on its own 27 initiative, make an order staying the operation of a reviewable 28 decision if a proceeding for the review of the decision has 29 started under this Act. 30 (4) The tribunal may make an order under subsection (3) only if it 31 considers the order is desirable after having regard to the 32 following-- 33 Page 26

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 23] (a) the interests of any person whose interests may be 1 affected by the making of the order or the order not 2 being made; 3 (b) any submission made to the tribunal by the 4 decision-maker for the reviewable decision; 5 (c) the public interest. 6 (5) Subsection (4)(a) does not require the tribunal to give a person 7 whose interests may be affected by the making of the order, or 8 the order not being made, an opportunity to make submissions 9 for the tribunal's consideration if it is satisfied it is not 10 practicable because of the urgency of the case or for another 11 reason. 12 (6) In making an order under subsection (3), the tribunal-- 13 (a) may require an undertaking, including an undertaking as 14 to costs or damages, it considers appropriate; or 15 (b) may provide for the lifting of the order if stated 16 conditions are met. 17 (7) The tribunal may assess damages for subsection (6)(a). 18 (8) The tribunal's power to assess damages under subsection (7) 19 is exercisable only by a legally qualified member. 20 23 Inviting decision-maker to reconsider decision 21 (1) At any stage of a proceeding for the review of a reviewable 22 decision, the tribunal may invite the decision-maker for the 23 decision to reconsider the decision. 24 (2) If the decision-maker for a reviewable decision is invited to 25 reconsider the decision under subsection (1), the 26 decision-maker-- 27 (a) has 28 days to reconsider the decision; and 28 (b) may-- 29 (i) confirm the decision; or 30 (ii) amend the decision; or 31 Page 27

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 24] (iii) set aside the decision and substitute a new 1 decision. 2 (3) If, under subsection (2), the decision-maker for a reviewable 3 decision confirms the decision, the proceeding for the review 4 of the decision must continue. 5 (4) If, under subsection (2), the decision-maker for a reviewable 6 decision (first decision) amends the decision or sets the 7 decision aside and substitutes another decision for it-- 8 (a) the first decision as amended or the decision substituted 9 for the first decision is taken to be the reviewable 10 decision for this Act and the enabling Act; and 11 (b) the review must continue for the reviewable decision 12 unless the applicant for the review withdraws the 13 application for review; and 14 (c) if a person other than the applicant applies to the 15 tribunal to review the reviewable decision--the tribunal 16 may hear and decide each application for the review of 17 the reviewable decision. 18 24 Functions for review jurisdiction 19 (1) In a proceeding for a review of a reviewable decision, the 20 tribunal may-- 21 (a) confirm or amend the decision; or 22 (b) set aside the decision and substitute its own decision; or 23 (c) set aside the decision and return the matter for 24 reconsideration to the decision-maker for the decision, 25 with the directions the tribunal considers appropriate. 26 (2) The tribunal's decision under subsection (1)(a) or (b) for a 27 reviewable decision-- 28 (a) is taken to be a decision of the decision-maker for the 29 reviewable decision except for the tribunal's review 30 jurisdiction or an appeal under part 8; and 31 Page 28

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 1 Jurisdiction of tribunal [s 25] (b) subject to any contrary order of the tribunal, has effect 1 from when the reviewable decision takes or took effect. 2 (3) The tribunal may make, to the chief executive of the entity in 3 which the reviewable decision was made, written 4 recommendations about the policies, practices and procedures 5 applying to reviewable decisions of the same kind. 6 (4) If the tribunal makes written recommendations under 7 subsection (3) and the chief executive is not the 8 decision-maker for the reviewable decision, the tribunal must 9 give a copy of the recommendations to the decision-maker. 10 (5) In this section-- 11 chief executive includes chief executive officer. 12 Division 4 Appeal jurisdiction 13 25 Generally 14 The tribunal's appeal jurisdiction is-- 15 (a) the jurisdiction conferred on the tribunal by section 26; 16 and 17 (b) the jurisdiction conferred on the tribunal by an enabling 18 Act to hear and decide an appeal against a decision of 19 another entity under that Act. 20 26 Jurisdiction for decisions of the tribunal 21 The tribunal has jurisdiction to hear and decide an appeal 22 against a decision of the tribunal in the circumstances 23 mentioned in section 142. 24 27 When appeal jurisdiction exercised 25 The tribunal may exercise its appeal jurisdiction if a person 26 has, under this Act or an enabling Act, appealed to the tribunal 27 against a decision for which it has appeal jurisdiction. 28 Page 29

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 2 Practices and procedures [s 28] Note-- 1 Part 8, division 1 provides for how an appeal is made under this Act and 2 how the tribunal's appeal jurisdiction is exercised. 3 Part 2 Practices and procedures 4 28 Conducting proceedings generally 5 (1) The procedure for a proceeding is at the discretion of the 6 tribunal, subject to this Act, an enabling Act and the rules. 7 (2) In all proceedings, the tribunal must act fairly and according 8 to the substantial merits of the case. 9 (3) In conducting a proceeding, the tribunal-- 10 (a) must observe the rules of natural justice; and 11 (b) is not bound by the rules of evidence, or any practices or 12 procedures applying to courts of record, other than to 13 the extent the tribunal adopts the rules, practices or 14 procedures; and 15 (c) may inform itself in any way it considers appropriate; 16 and 17 (d) must act with as little formality and technicality and 18 with as much speed as the requirements of this Act, an 19 enabling Act or the rules and a proper consideration of 20 the matters before the tribunal permit; and 21 (e) must ensure, so far as is practicable, that all relevant 22 material is disclosed to the tribunal to enable it to decide 23 the proceeding with all the relevant facts. 24 (4) Without limiting subsection (3)(b), the tribunal may admit 25 into evidence the contents of any document despite the 26 noncompliance with any time limit or other requirement under 27 this Act, an enabling Act or the rules relating to the document 28 or the service of it. 29 Page 30

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 2 Practices and procedures [s 29] 29 Ensuring proper understanding and regard 1 (1) The tribunal must take all reasonable steps to-- 2 (a) ensure each party to a proceeding understands-- 3 (i) the practices and procedures of the tribunal; and 4 (ii) the nature of assertions made in the proceeding and 5 the legal implications of the assertions; and 6 (iii) any decision of the tribunal relating to the 7 proceeding; and 8 (b) understand the actions, expressed views and assertions 9 of a party to or witness in the proceeding, having regard 10 to the party's or witness's age, any disability, and 11 cultural, religious and socioeconomic background; and 12 (c) ensure proceedings are conducted in a way that 13 recognises and is responsive to-- 14 (i) cultural diversity, Aboriginal tradition and Island 15 custom, including the needs of a party to or witness 16 in the proceeding who is from another culture or 17 linguistic background or is an Aboriginal person or 18 Torres Strait Islander; and 19 (ii) the needs of a party to, or witness in, the 20 proceeding who is a child or a person with 21 impaired capacity or a physical disability. 22 (2) The steps that can be taken for ensuring a person understands 23 something mentioned in subsection (1)(a) include, for 24 example-- 25 (a) explaining the matters to the person; or 26 (b) having an interpreter or other person able to 27 communicate effectively with the person give the 28 explanation; or 29 (c) supplying an explanatory note in English or another 30 language. 31 Page 31

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 2 Practices and procedures [s 30] 30 Principal registrar to help parties and potential parties 1 The principal registrar must give parties and potential parties 2 reasonable help to ensure their understanding of the tribunal's 3 practices and procedures, including, for example, reasonable 4 help to complete forms required under this Act or the rules. 5 31 Related criminal or disciplinary action 6 (1) This section applies if matters arising in a proceeding involve 7 the contravention, or the alleged contravention, of an Act by a 8 person. 9 (2) Unless an enabling Act that is an Act provides otherwise, the 10 tribunal may make its final decision in the proceeding whether 11 or not the person-- 12 (a) has been charged with, convicted of or sentenced for an 13 offence arising out of the contravention; or 14 (b) may be, is, or has been, subject to disciplinary action 15 (including a proceeding before the tribunal) relating to 16 the contravention under an Act. 17 32 Proceeding by remote conferencing or on the papers 18 (1) The tribunal may, if appropriate, conduct all or a part of a 19 proceeding by remote conferencing. 20 (2) The tribunal may, if appropriate, conduct all or a part of a 21 proceeding entirely on the basis of documents, without the 22 parties, their representatives or witnesses appearing at a 23 hearing. 24 (3) If the tribunal conducts a proceeding under subsection (1) or 25 (2), the tribunal must ensure the public has access to, or is 26 precluded from access to, matters disclosed in the proceeding 27 to the same extent as if the proceeding had been heard before 28 the tribunal with the attendance in person of all persons 29 involved. 30 Page 32

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 3 Starting proceeding [s 33] (4) Provisions of this Act applying to a hearing apply with 1 necessary changes in relation to a proceeding conducted under 2 subsection (1) or (2). 3 Examples-- 4 1 If a hearing is conducted under subsection (1), section 90 continues 5 to apply to the proceeding as if the participants in the hearing were 6 present before the tribunal. 7 2 If a hearing is conducted under subsection (2), section 92 will have 8 no application. 9 (5) In this section-- 10 remote conferencing means-- 11 (a) teleconferencing; or 12 (b) video conferencing; or 13 (c) another form of communication that allows persons 14 taking part in the proceeding to hear and take part in 15 discussions as they happen. 16 Part 3 Starting proceeding 17 33 Making an application 18 (1) This section applies if this Act or an enabling Act provides 19 that a person may apply to the tribunal to deal with a matter. 20 (2) The application must-- 21 (a) be in a form substantially complying with the rules; and 22 (b) state the reasons for the application; and 23 (c) be filed in the registry. 24 (3) If the application is for the review of a reviewable decision, 25 the application must be made, by filing it in the registry, 26 within 28 days after the relevant day. 27 Page 33

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 3 Starting proceeding [s 34] Notes-- 1 1 Under section 6(7), an enabling Act that is an Act may provide for a 2 different period within which a person must make an application. 3 2 Under section 61, the tribunal may extend the period within which a 4 person must make an application. 5 (4) In this section-- 6 relevant day, for an application for the review of a reviewable 7 decision, means-- 8 (a) the day the applicant is notified of the decision; or 9 (b) if the applicant has applied to the decision-maker for a 10 written statement of reasons for the decision under 11 section 158--the earlier of the following days-- 12 (i) the day the written statement is given to the 13 applicant; 14 (ii) the day by which the written statement is required 15 to be given to the applicant under that section; or 16 (c) if the applicant has applied to the tribunal for an order 17 under section 159-- 18 (i) if the tribunal makes the order--the earlier of the 19 following days-- 20 (A) the day the written statement of reasons the 21 subject of the order is given to the applicant; 22 (B) the day by which the written statement of 23 reasons the subject of the order is required to 24 be given to the applicant under the order; or 25 (ii) if the tribunal does not make the order--the day 26 the applicant is notified of the tribunal's decision to 27 not make the order. 28 34 Referring matter 29 (1) This section applies if an enabling Act provides for the 30 referral of a matter to the tribunal. 31 Page 34

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 3 Starting proceeding [s 35] (2) The referral must be made-- 1 (a) within the period provided for under the enabling Act; 2 and 3 (b) in a way complying with the rules. 4 35 Acceptance or rejection of application or referral 5 (1) This section applies if a person makes an application, or refers 6 a matter, to the tribunal. 7 (2) The principal registrar may-- 8 (a) accept the application or referral without imposing any 9 conditions; or 10 (b) accept the application or referral on conditions stated in 11 the rules; or 12 (c) reject the application or referral on a ground mentioned 13 in subsection (3); or 14 (d) refer the application or referral to the tribunal if the 15 principal registrar believes there is a ground for 16 rejecting the application or referral under subsection (3). 17 (3) The principal registrar may reject an application or referral on 18 any of the following grounds-- 19 (a) the application or referral is made by a person who is not 20 authorised to make it; 21 (b) the application or referral is made after the expiry of the 22 period within which it is required to be made under this 23 Act; 24 (c) the application or referral does not otherwise comply 25 with this Act, an enabling Act or the rules. 26 (4) If the principal registrar rejects an application or referral, or 27 accepts an application or referral on conditions-- 28 (a) the principal registrar must notify the applicant that the 29 applicant may request the principal registrar to refer the 30 decision to the tribunal for review; and 31 Page 35

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 3 Starting proceeding [s 36] (b) if the applicant makes the request, the principal registrar 1 must refer the decision to the tribunal for review. 2 (5) No fee is payable for a request for a referral under subsection 3 (4). 4 (6) If the question of whether or not an application or referral 5 should be rejected is referred to the tribunal under subsection 6 (2)(d) or (4)(b), the tribunal must direct the principal 7 registrar-- 8 (a) to reject the application or referral; or 9 (b) to accept the application or referral on stated conditions 10 or no conditions. 11 (7) If the question of whether or not an application or referral 12 should be accepted on stated conditions is referred to the 13 tribunal under subsection (4)(b), the tribunal must direct the 14 principal registrar-- 15 (a) to accept the application or referral on no conditions; or 16 (b) to accept the application or referral on the stated 17 conditions or different conditions; or 18 (c) to reject the application or referral. 19 (8) The tribunal may direct the principal registrar to reject an 20 application or referral only if a ground for rejecting the 21 application or referral under subsection (3) exists. 22 Note-- 23 A decision of the tribunal under subsection (6) or (7) is not subject to 24 appeal under part 8. See sections 142(2) and 149(4). 25 36 When proceeding starts 26 A proceeding starts when the principal registrar accepts an 27 application or referral, whether or not on conditions. 28 Note-- 29 However, under section 38, the tribunal must not take any action on the 30 application or referral until the prescribed fee, if any, for the application 31 or referral is paid. 32 Page 36

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 3 Starting proceeding [s 37] 37 Notice 1 (1) This section applies if a proceeding is started under section 36 2 for an application or referral. 3 (2) The applicant for the application or referral must, within the 4 period stated in the rules, give a copy of the application or 5 referral to-- 6 (a) each party to the proceeding; and 7 (b) each other person to whom notice of the proceeding 8 must be given under an enabling Act or the rules; and 9 (c) any person the tribunal directs to be given notice of the 10 proceeding. 11 Note-- 12 See the rules for provisions about how the copy must, or may, be given 13 and provisions about responding to an application. 14 (3) Subsection (2) does not require the applicant to give a copy of 15 the application or referral to another person if-- 16 (a) the principal registrar has given or undertaken to give 17 the copy to the person; or 18 (b) under subsection (4), the tribunal makes an order that 19 the copy is not required to be given to the person; or 20 (c) the rules exempt the applicant from the requirement to 21 give the copy to the person. 22 (4) The tribunal may make an order exempting the applicant from 23 giving a copy of the application or referral to a person if the 24 tribunal is satisfied-- 25 (a) the applicant has made all reasonable attempts to give 26 the copy to the person but has been unsuccessful; or 27 (b) the making and deciding of the application or referral 28 without notice to the person will not cause injustice. 29 (5) The tribunal may act under subsection (4) on the application 30 of the applicant or on the tribunal's own initiative. 31 Page 37

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 4 Parties to a proceeding [s 38] (6) The tribunal's power to act under subsection (4) is exercisable 1 only by a legally qualified member or an adjudicator. 2 38 Prescribed fees 3 (1) An applicant for an application or referral must pay the 4 prescribed fee, if any, for the application or referral. 5 (2) The tribunal must not take any action on an application or 6 referral until the fee is paid. 7 (3) Subsection (2) does not prevent the tribunal directing the 8 principal registrar to accept or reject an application or referral 9 under section 35. 10 Part 4 Parties to a proceeding 11 39 Parties to original jurisdiction 12 A person is a party to a proceeding in the tribunal's original 13 jurisdiction if the person is-- 14 (a) the applicant; or 15 (b) a person in relation to whom a decision of the tribunal is 16 sought by the applicant; or 17 (c) intervening in the proceeding under section 41; or 18 (d) joined as a party to the proceeding under section 42; or 19 (e) someone else an enabling Act states is a party to the 20 proceeding. 21 40 Parties to review jurisdiction 22 (1) A person is a party to a proceeding in the tribunal's review 23 jurisdiction if the person is-- 24 (a) the applicant; or 25 Page 38

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 4 Parties to a proceeding [s 41] (b) the decision-maker for the reviewable decision the 1 subject matter of the proceeding; or 2 (c) intervening in the proceeding under section 41; or 3 (d) joined as a party to the proceeding under section 42; or 4 (e) someone else an enabling Act states is a party to the 5 proceeding. 6 (2) In a proceeding in the tribunal's review jurisdiction, so far as 7 is practicable, the official description of the decision-maker 8 must be used as the party's name instead of the 9 decision-maker's name. 10 41 Intervention 11 (1) The Attorney-General may, for the State, intervene in a 12 proceeding at any time. 13 (2) The tribunal may, at any time, give leave for a person to 14 intervene in a proceeding, subject to the conditions the 15 tribunal considers appropriate. 16 42 Joining parties 17 (1) The tribunal may make an order joining a person as a party to 18 a proceeding if the tribunal considers that-- 19 (a) the person should be bound by or have the benefit of a 20 decision of the tribunal in the proceeding; or 21 (b) the person's interests may be affected by the proceeding; 22 or 23 (c) for another reason, it is desirable that the person be 24 joined as a party to the proceeding. 25 (2) The tribunal may make an order under subsection (1) on the 26 application of a person or on its own initiative. 27 Page 39

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 4 Parties to a proceeding [s 43] 43 Representation 1 (1) The main purpose of this section is to have parties represent 2 themselves unless the interests of justice require otherwise. 3 (2) In a proceeding, a party-- 4 (a) may appear without representation; or 5 (b) may be represented by someone else if-- 6 (i) the party is a child or a person with impaired 7 capacity; or 8 (ii) the proceeding relates to taking disciplinary action, 9 or reviewing a decision about taking disciplinary 10 action, against a person; or 11 (iii) an enabling Act that is an Act, or the rules, states 12 the person may be represented; or 13 (iv) the party has been given leave by the tribunal to be 14 represented. 15 (3) In deciding whether to give a party leave to be represented in a 16 proceeding, the tribunal may consider the following as 17 circumstances supporting the giving of the leave-- 18 (a) the party is a State agency; 19 (b) the proceeding is likely to involve complex questions of 20 fact or law; 21 (c) another party to the proceeding is represented in the 22 proceeding; 23 (d) all of the parties have agreed to the party being 24 represented in the proceeding. 25 (4) A party can not be represented in a proceeding by a person-- 26 (a) who, under rules made under section 224(3), is 27 disqualified from being a representative of a party to a 28 proceeding; or 29 (b) who is not an Australian legal practitioner or 30 government legal officer, unless the tribunal is satisfied 31 Page 40

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 4 Parties to a proceeding [s 44] the person is an appropriate person to represent the 1 party. 2 (5) A person who is not an Australian legal practitioner or 3 government legal officer and who is seeking to represent a 4 party in a proceeding must give the tribunal a certificate of 5 authority from the party for the representation if-- 6 (a) the party is a corporation; or 7 (b) the tribunal has asked for the certificate. 8 (6) The tribunal may appoint a person to represent an 9 unrepresented party. 10 (7) In this section-- 11 Australian legal practitioner see the Legal Profession Act 12 2007. 13 government legal officer see the Legal Profession Act 2007. 14 44 Use of interpreters and other persons 15 (1) Unless the tribunal directs otherwise, a party to a proceeding 16 or a witness may be helped in a proceeding by-- 17 (a) an interpreter; or 18 (b) another person necessary or desirable to make the 19 proceeding intelligible to the party or witness, 20 including, for example, a person with appropriate 21 cultural or social knowledge and experience. 22 (2) Without limiting subsection (1), the tribunal may arrange for 23 an interpreter or another person to help a party or witness. 24 (3) In this section-- 25 interpreter includes a person who interprets signs made or 26 other things done by a person who can not speak or can not 27 speak clearly enough to take part in a proceeding. 28 Page 41

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 45] 45 General obligation of parties 1 Each party to a proceeding must act quickly in any dealing 2 relevant to the proceeding. 3 Note-- 4 For possible consequences for a contravention of this section, see 5 sections 48 (Dismissing, striking out or deciding if party causing 6 disadvantage) and 102 (Costs against party in interests of justice). 7 Part 5 Preliminary dealings with 8 proceeding 9 Division 1 Early end to proceeding 10 46 Withdrawal of application or referral 11 (1) If the tribunal gives leave, an applicant may, in the way stated 12 in the rules, withdraw the applicant's application or referral 13 for a matter before the matter is heard and decided by the 14 tribunal. 15 (2) If an applicant withdraws an application or referral, the 16 applicant can not make a further application or referral, or 17 request, require or otherwise seek a further referral, relating to 18 the same facts or circumstances without leave of the tribunal. 19 47 Dismissing, striking out or deciding if unjustified 20 proceeding or part 21 (1) This section applies if the tribunal considers a proceeding or a 22 part of a proceeding is-- 23 (a) frivolous, vexatious or misconceived; or 24 (b) lacking in substance; or 25 (c) otherwise an abuse of process. 26 Page 42

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 48] (2) The tribunal may-- 1 (a) if the party who brought the proceeding or part before 2 the tribunal is the applicant for the proceeding, order the 3 proceeding or part be dismissed or struck out; or 4 (b) for a part of a proceeding brought before the tribunal by 5 a party other than the applicant for the proceeding-- 6 (i) make its final decision in the proceeding in the 7 applicant's favour; or 8 (ii) order that the party who brought the part before the 9 tribunal be removed from the proceeding; or 10 (c) make a costs order against the party who brought the 11 proceeding or part before the tribunal to compensate 12 another party for any reasonable costs, expenses, loss, 13 inconvenience and embarrassment resulting from the 14 proceeding or part. 15 Note-- 16 See section 108 for the tribunal's power to order that the costs be 17 paid before it continues with the proceeding. 18 (3) The tribunal may act under subsection (2) on the application 19 of a party to the proceeding or on the tribunal's own initiative. 20 (4) The tribunal's power to act under subsection (2) is exercisable 21 only by-- 22 (a) the tribunal as constituted for the proceeding; or 23 (b) if the tribunal has not been constituted for the 24 proceeding--a legally qualified member or an 25 adjudicator. 26 48 Dismissing, striking out or deciding if party causing 27 disadvantage 28 (1) This section applies if the tribunal considers a party to a 29 proceeding is acting in a way that unnecessarily disadvantages 30 another party to the proceeding, including by-- 31 Page 43

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 48] (a) not complying with a tribunal order or direction without 1 reasonable excuse; or 2 (b) not complying with this Act, an enabling Act or the 3 rules; or 4 (c) asking for an adjournment as a result of conduct 5 mentioned in paragraph (a) or (b); or 6 (d) causing an adjournment; or 7 (e) attempting to deceive another party or the tribunal; or 8 (f) vexatiously conducting the proceeding; or 9 (g) failing to attend mediation or the hearing of the 10 proceeding without reasonable excuse. 11 (2) The tribunal may-- 12 (a) if the party causing the disadvantage is the applicant for 13 the proceeding, order the proceeding be dismissed or 14 struck out; or 15 (b) if the party causing the disadvantage is not the applicant 16 for the proceeding-- 17 (i) make its final decision in the proceeding in the 18 applicant's favour; or 19 (ii) order that the party causing the disadvantage be 20 removed from the proceeding; or 21 (c) make an order under section 102, against the party 22 causing the disadvantage, to compensate another party 23 for any reasonable costs incurred unnecessarily. 24 Note-- 25 See section 108 for the tribunal's power to order that the costs be 26 paid before it continues with the proceeding. 27 (3) In acting under subsection (2), the tribunal must have regard 28 to the following-- 29 (a) the extent to which the party causing the disadvantage is 30 familiar with the tribunal's practices and procedures; 31 Page 44

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 49] (b) the capacity of the party causing the disadvantage to 1 understand, and act on, the tribunal's orders and 2 directions; 3 (c) whether the party causing the disadvantage is acting 4 deliberately. 5 (4) The tribunal may act under subsection (2) on the application 6 of a party to the proceeding or on the tribunal's own initiative. 7 (5) The tribunal's power to act under subsection (2) is exercisable 8 only by-- 9 (a) the tribunal as constituted for the proceeding; or 10 (b) if the tribunal has not been constituted for the 11 proceeding--a legally qualified member or an 12 adjudicator. 13 49 Restriction on new application or referral 14 (1) This section applies if the tribunal has ordered-- 15 (a) a proceeding or a part of a proceeding be dismissed or 16 struck out under section 47; or 17 (b) a proceeding be dismissed or struck out under section 18 48. 19 (2) Another proceeding or a part of a proceeding of the same kind 20 relating to the same matter can not be started before the 21 tribunal without the leave of the president or deputy president. 22 (3) The president or deputy president may give the leave if the 23 president or deputy president considers the interests of justice 24 requires it to be given. 25 (4) In giving leave to start another proceeding or part of a 26 proceeding, the president or deputy president may extend any 27 time limit for starting the proceeding or part. 28 Page 45

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 50] Division 2 Decision by default 1 50 Decision by default for debt 2 (1) This section applies if-- 3 (a) a person has applied to the tribunal to recover a debt or 4 liquidated demand of money from a person (the 5 respondent); and 6 (b) an enabling Act that is an Act or the rules state that the 7 respondent must respond to the application within a 8 stated period; and 9 (c) the respondent has not responded to the application 10 within the stated period. 11 (2) The applicant may, in the way stated in the rules, apply to the 12 tribunal for an order in favour of the applicant (a decision by 13 default) for an amount limited to-- 14 (a) the amount claimed in the application starting the 15 proceeding; and 16 (b) the fee paid for the application; and 17 (c) legal costs based on a scale stated in the rules; and 18 (d) interest on the amount claimed at the rate the tribunal 19 considers appropriate. 20 (3) If the applicant applies for a decision by default under this 21 section the principal registrar may make the decision. 22 (4) A decision by default given under subsection (3) is taken to be 23 a final decision of the tribunal in the proceeding. 24 (5) The applicant must prove the respondent has been given a 25 copy of the application before a decision by default may be 26 made under this section. 27 Page 46

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 51] 51 Setting aside decision by default 1 The tribunal, on application by the respondent, may set aside 2 or amend a decision by default under section 50 on terms, 3 including terms about costs and the giving of security, the 4 tribunal considers appropriate. 5 Division 3 Transfer 6 52 Transfer to more appropriate forum 7 (1) If the tribunal considers the subject matter of a proceeding or 8 a part of a proceeding would be more appropriately dealt with 9 by another tribunal, a court or another entity, the tribunal may, 10 by order, transfer the matter to which the proceeding or part 11 relates to the other tribunal, the court or the other entity. 12 (2) If the tribunal considers it does not have jurisdiction to hear all 13 matters in a proceeding, the tribunal may, by order, transfer 14 the matter or matters for which it does not have jurisdiction 15 to-- 16 (a) a court of competent jurisdiction; or 17 (b) another tribunal or entity having jurisdiction to deal with 18 the matter or matters. 19 (3) The tribunal may make an order under subsection (2)(a) even 20 though the proceeding has previously been transferred from a 21 court to the tribunal under section 53. 22 (4) If the tribunal transfers a matter to another tribunal, a court or 23 another entity (the relevant entity) under this section-- 24 (a) a proceeding for the matter is taken to have been started 25 before the relevant entity when it was started before the 26 tribunal; and 27 (b) the tribunal may make the orders or give the directions it 28 considers appropriate to facilitate the transfer, including 29 an order that a party is taken to have complied with the 30 Page 47

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 53] requirements under an Act or other law for starting a 1 proceeding before the relevant entity. 2 (5) An order under subsection (4)(b) has effect despite any other 3 Act or law. 4 (6) The tribunal may act under this section on the application of a 5 party to the proceeding or on its own initiative. 6 (7) The tribunal's power to act under this section is exercisable 7 only by a judicial member. 8 (8) In this section-- 9 proceeding includes a process for the consideration of a 10 matter. 11 53 Transfer from a court 12 (1) If a proceeding is started in a court and the subject matter of 13 the proceeding could be heard by the tribunal under this Act, 14 the court may, by order, transfer the proceeding to the tribunal. 15 (2) If a court transfers a proceeding to the tribunal under 16 subsection (1)-- 17 (a) the proceeding is taken to have been started before the 18 tribunal when it was started in the court; and 19 (b) the court may make the orders and give the directions it 20 considers appropriate to facilitate the transfer, including 21 an order that a party is taken to have complied with the 22 requirements under this Act, an enabling Act or the rules 23 for starting a proceeding before the tribunal. 24 (3) An order under subsection (2)(b) has effect despite any 25 provision of this Act, an enabling Act or the rules. 26 (4) A court may act under this section on the application of a 27 party to the proceeding or on its own initiative. 28 Page 48

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 5 Preliminary dealings with proceeding [s 54] Division 4 Consolidation or sequence 1 directions 2 54 Consolidation 3 (1) The tribunal may direct that 2 or more proceedings 4 concerning the same or related facts and circumstances be 5 consolidated into 1 proceeding. 6 (2) The tribunal's power to give a direction under subsection (1) 7 is exercisable only by a legally qualified member or an 8 adjudicator. 9 (3) If 2 or more proceedings (each a pre-consolidation 10 proceeding) are consolidated under subsection (1), evidence 11 given in a pre-consolidation proceeding may also be given in 12 the consolidated proceeding in relation to each of the other 13 pre-consolidation proceedings. 14 55 Sequence 15 (1) The tribunal may direct that 2 or more proceedings 16 concerning the same or related facts and circumstances-- 17 (a) remain as separate proceedings but be heard and decided 18 together; or 19 (b) be heard in a particular sequence. 20 (2) The tribunal's power to give a direction under subsection (1) 21 is exercisable only by a legally qualified member or an 22 adjudicator. 23 56 Variation of direction 24 (1) Before or during the hearing of a consolidated proceeding or 25 of proceedings directed to be heard together or in a particular 26 sequence, the tribunal may direct that the proceedings be 27 separated or heard in another sequence. 28 Page 49

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 57] (2) The tribunal's power to act under subsection (1) is exercisable 1 only by-- 2 (a) the tribunal as constituted for the proceeding or 3 proceedings; or 4 (b) if the tribunal has not been constituted for the 5 proceeding or proceedings--a legally qualified member 6 or an adjudicator. 7 Part 6 Other provisions about a 8 proceeding 9 Division 1 Procedural powers 10 57 General powers 11 (1) The tribunal may-- 12 (a) take evidence on oath; or 13 (b) act in the absence of a party who has had reasonable 14 notice of a proceeding; or 15 (c) adjourn a proceeding. 16 (2) The tribunal-- 17 (a) may require a person appearing before the tribunal to 18 give evidence on oath; and 19 (b) may administer an oath to the person. 20 (3) The tribunal may permit a person appearing as a witness 21 before the tribunal to give evidence by tendering a written 22 statement, verified, if the tribunal directs, by oath. 23 Page 50

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 58] 58 Interim orders 1 (1) Before making a final decision in a proceeding, the tribunal 2 may make an interim order it considers appropriate in the 3 interests of justice, including, for example-- 4 (a) to protect a party's position for the duration of the 5 proceeding; or 6 (b) to require or permit something to be done to secure the 7 effectiveness of the exercise of the tribunal's jurisdiction 8 for the proceeding. 9 Note-- 10 See also section 22(3) for the tribunal's power to stay the operation of a 11 reviewable decision while it is being reviewed by the tribunal. 12 (2) The tribunal may make an interim order on the application of 13 a party to the proceeding or on its own initiative. 14 (3) In making an interim order, the tribunal-- 15 (a) may require an undertaking, including an undertaking as 16 to costs or damages, it considers appropriate; or 17 (b) may provide for the lifting of the order if stated 18 conditions are met. 19 (4) The tribunal may assess damages for subsection (3)(a). 20 (5) The tribunal's power to assess damages under subsection (4) 21 is exercisable only by a legally qualified member. 22 (6) In this section-- 23 interim order means an order that has effect for the duration 24 of a proceeding or a shorter period. 25 59 Injunctions 26 (1) The tribunal may, by order, grant an injunction, including an 27 interim injunction, in a proceeding if it is just and convenient 28 to do so. 29 (2) The tribunal may make an order granting an interim 30 injunction whether or not it has given any person whose 31 Page 51

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 60] interests may be affected by the order an opportunity to be 1 heard. 2 (3) The tribunal may act under subsection (1) on the application 3 of a party to the proceeding or on its own initiative. 4 (4) The tribunal's power to act under subsection (1) is exercisable 5 only by a judicial member. 6 (5) The tribunal's power under subsection (1) is in addition to, 7 and does not limit, any power of the tribunal under an 8 enabling Act to make an order in the nature of an injunction. 9 (6) In making an order under subsection (1), the tribunal-- 10 (a) may require an undertaking, including an undertaking as 11 to costs or damages, it considers appropriate; or 12 (b) may provide for the lifting of the order if stated 13 conditions are met. 14 (7) The tribunal may assess damages for subsection (6)(a). 15 (8) The tribunal's power to assess damages under subsection (7) 16 is exercisable only by a legally qualified member. 17 (9) In this section-- 18 interim injunction means an injunction that has effect for the 19 duration of a proceeding or a shorter period. 20 60 Declarations 21 (1) The tribunal may make a declaration about a matter in a 22 proceeding-- 23 (a) instead of making an order it could make about the 24 matter; or 25 (b) in addition to an order it could make about the matter. 26 (2) The tribunal may make an order it considers necessary or 27 desirable to give effect to a declaration under subsection (1). 28 (3) A declaration under subsection (1) is binding on the parties to 29 the proceeding mentioned in the declaration. 30 Page 52

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 61] (4) The tribunal's power under subsection (1) is in addition to, 1 and does not limit, any power of the tribunal under an 2 enabling Act to make a declaration. 3 (5) The tribunal's power to act under subsection (1) or (2) is 4 exercisable only by a judicial member. 5 61 Relief from procedural requirements 6 (1) The tribunal may, by order-- 7 (a) extend a time limit fixed for the start of a proceeding by 8 this Act or an enabling Act; or 9 (b) extend or shorten a time limit fixed by this Act, an 10 enabling Act or the rules; or 11 (c) waive compliance with another procedural requirement 12 under this Act, an enabling Act or the rules. 13 (2) An extension or waiver may be given under subsection (1) 14 even if the time for complying with the relevant requirement 15 has passed. 16 (3) The tribunal can not extend or shorten a time limit or waive 17 compliance with another procedural requirement if to do so 18 would cause prejudice or detriment, not able to be remedied 19 by an appropriate order for costs or damages, to a party or 20 potential party to a proceeding. 21 (4) The tribunal may act under subsection (1) on the application 22 of a party or potential party to the proceeding or on its own 23 initiative. 24 (5) The tribunal's power to act under subsection (1) is exercisable 25 only by-- 26 (a) the tribunal as constituted for the proceeding; or 27 (b) if the tribunal has not been constituted for the 28 proceeding--a legally qualified member, an adjudicator 29 or the principal registrar. 30 Page 53

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 62] 62 Directions 1 (1) The tribunal may give a direction at any time in a proceeding 2 and do whatever is necessary for the speedy and fair conduct 3 of the proceeding. 4 (2) The tribunal may hold a directions hearing for giving the 5 direction before any other hearing is held for the proceeding. 6 (3) Without limiting subsection (1), the tribunal may give a 7 direction under this section requiring a party to the proceeding 8 to produce a document or another thing, or provide 9 information to-- 10 (a) the tribunal; or 11 (b) another party to the proceeding. 12 (4) A party must comply with a direction given under this section 13 within-- 14 (a) the period stated in the direction; or 15 (b) if the tribunal has extended the period within which the 16 direction must be complied with--the extended period. 17 (5) However, subsection (4) does not apply to a document or 18 thing, a part of a document or thing, or information for which 19 there is a valid claim to privilege from disclosure. 20 (6) The tribunal may act under this section on the application of a 21 party to a proceeding or on the tribunal's own initiative. 22 (7) The tribunal's power to act under this section is exercisable 23 only by-- 24 (a) the tribunal as constituted for the proceeding; or 25 (b) if the tribunal has not been constituted for the 26 proceeding--a legally qualified member, an adjudicator 27 or the principal registrar. 28 63 Obtaining a document or thing from third parties 29 (1) The tribunal may make an order requiring a person who is not 30 a party to a proceeding but who has, or is likely to have, in the 31 Page 54

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 64] person's possession or control a document or other thing 1 relevant to the proceeding to produce the document or thing 2 to-- 3 (a) the tribunal; or 4 (b) a party to the proceeding. 5 (2) The person in relation to whom the order is made must 6 comply with the order within the period stated in the order. 7 (3) However, subsection (2) does not apply to a document or 8 thing, or a part of a document or thing, for which there is a 9 valid claim to privilege from disclosure. 10 (4) In making an order on the application of a party, the tribunal 11 must consider whether it is appropriate to make an order 12 requiring the party to pay the costs of producing the document 13 or thing to which the order relates. 14 (5) The tribunal may act under this section on the application of a 15 party or on the tribunal's own initiative. 16 (6) The tribunal's power to act under this section is exercisable 17 only by-- 18 (a) the tribunal as constituted for the proceeding; or 19 (b) if the tribunal has not been constituted for the 20 proceeding--a legally qualified member, an adjudicator 21 or the principal registrar. 22 64 Amending particular documents 23 (1) The tribunal may, at any time in a proceeding, make an order 24 requiring that a relevant document be amended. 25 (2) The tribunal may make the order on the application of the 26 party who filed the document or on its own initiative. 27 (3) The tribunal's power to make an order under subsection (1) is 28 exercisable only by-- 29 (a) the tribunal as constituted for the proceeding; or 30 Page 55

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 65] (b) if the tribunal has not been constituted for the 1 proceeding--a legally qualified member, an adjudicator 2 or the principal registrar. 3 (4) In this section-- 4 relevant document means-- 5 (a) an application or referral; or 6 (b) a document responding to an application or referral. 7 65 Dealing with documents and other things 8 (1) This section applies if a document or other thing is produced 9 to the tribunal in a proceeding. 10 (2) The tribunal may inspect the document or thing. 11 (3) The tribunal may-- 12 (a) keep the document or thing for a reasonable period; and 13 (b) make copies of or take extracts from the document, or 14 take photographs of the thing. 15 (4) If the tribunal keeps a document or other thing, the tribunal 16 must permit a person otherwise entitled to possession of the 17 document or thing-- 18 (a) for a document--to inspect, make a copy of or take an 19 extract from the document at a reasonable time and 20 place the tribunal decides; or 21 (b) for another thing--to inspect or photograph the thing at 22 a reasonable time and place the tribunal decides. 23 (5) If the tribunal has made a copy of a document under 24 subsection (3)(b) and the principal registrar certifies the copy 25 as a true copy of the original document, the certified copy is 26 admissible in evidence before any court, tribunal or person 27 acting judicially as if it were the original document. 28 Page 56

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 66] 66 Non-publication orders 1 (1) The tribunal may make an order prohibiting the publication of 2 the following other than in the way and to the persons stated 3 in the order-- 4 (a) the contents of a document or other thing produced to 5 the tribunal; 6 (b) evidence given before the tribunal; 7 (c) information that may enable a person who has appeared 8 before the tribunal, or is affected by a proceeding, to be 9 identified. 10 (2) The tribunal may make an order under subsection (1) only if 11 the tribunal considers the order is necessary-- 12 (a) to avoid interfering with the proper administration of 13 justice; or 14 (b) to avoid endangering the physical or mental health or 15 safety of a person; or 16 (c) to avoid offending public decency or morality; or 17 (d) to avoid the publication of confidential information or 18 information whose publication would be contrary to the 19 public interest; or 20 (e) for any other reason in the interests of justice. 21 (3) The tribunal may act under subsection (1) on the application 22 of a party to the proceeding or on its own initiative. 23 (4) The tribunal's power to act under subsection (1) is exercisable 24 only by-- 25 (a) the tribunal as constituted for the proceeding; or 26 (b) if the tribunal has not been constituted for the 27 proceeding--a legally qualified member or an 28 adjudicator. 29 Page 57

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 67] Division 2 Compulsory conferences 1 67 Direction by tribunal or principal registrar 2 (1) The tribunal or the principal registrar may direct the parties to 3 a proceeding to attend 1 or more compulsory conferences. 4 (2) The principal registrar must give each party to the proceeding 5 written notice of the compulsory conference, as stated in the 6 rules. 7 68 Personal or representative attendance 8 (1) The relevant entity may direct a party to a proceeding to 9 attend a compulsory conference in person or to be represented 10 by a person who has authority to settle the dispute the subject 11 of the proceeding for the party. 12 (2) In this section-- 13 relevant entity means-- 14 (a) before the compulsory conference starts-- 15 (i) the entity that directed the parties to attend the 16 conference; or 17 (ii) the person who is to preside over the conference; 18 or 19 (b) from the start of the compulsory conference--the 20 person presiding over the conference. 21 69 Purposes 22 The purposes of a compulsory conference for a proceeding are 23 as follows-- 24 (a) to identify and clarify the issues in dispute in the 25 proceeding; 26 (b) to promote a settlement of the dispute the subject of the 27 proceeding; 28 Page 58

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 70] (c) to identify the questions of fact and law to be decided by 1 the tribunal; 2 (d) if the proceeding is not settled, to make orders and give 3 directions about the conduct of the proceeding; 4 (e) to make orders and give directions the person presiding 5 over the conference considers appropriate to resolve the 6 dispute the subject of the proceeding. 7 70 Procedure generally 8 (1) A compulsory conference must be heard by 1 of the following 9 persons chosen by the president-- 10 (a) a member; 11 (b) an adjudicator; 12 (c) the principal registrar. 13 Note-- 14 See section 169 (for members and adjudicators) or 212 (for the principal 15 registrar) for the requirement to disclose interests that may conflict with 16 the performance of functions in a compulsory conference. 17 (2) A compulsory conference must be held in private unless the 18 person presiding over the conference directs otherwise. 19 (3) A compulsory conference may be conducted in the way 20 decided by the person presiding over the conference, which 21 must be a way complying with this Act, an enabling Act and 22 the rules. 23 (4) Sections 28, 29 and 32(1) apply to a compulsory conference 24 as if-- 25 (a) the compulsory conference were a proceeding before the 26 tribunal; and 27 (b) subject to paragraph (c), a reference in the sections to 28 the tribunal included a reference to the person presiding 29 over the compulsory conference; and 30 Page 59

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 71] (c) a reference to the practices and procedures of the 1 tribunal in section 29(1)(a)(i) included a reference to the 2 practices and procedures for the compulsory conference. 3 71 Orders and directions generally 4 (1) This section applies if the person presiding over a compulsory 5 conference is a person who may exercise a power of the 6 tribunal to make an order or give a direction under section 61, 7 62, 63 or 64. 8 (2) The person may exercise a power mentioned in section 61, 62, 9 63 or 64 to make an order or give a direction in the 10 conference. 11 (3) An order or direction made under subsection (2) is taken to be 12 an order or direction made in the proceeding to which the 13 conference relates. 14 72 Party fails to attend 15 (1) If a party to a proceeding does not attend a compulsory 16 conference-- 17 (a) the conference may proceed in the party's absence; and 18 (b) if the person presiding is a member or an adjudicator, 19 and all the parties present agree, the person may-- 20 (i) make a decision adverse to the absent party and 21 make any appropriate orders, including orders 22 about costs; or 23 (ii) order that the absent party be removed from the 24 proceeding, and pay another party's costs 25 reasonably incurred by the other party as a result of 26 the absent party's involvement in the proceeding. 27 (2) Subsection (1) applies only if the person presiding over the 28 compulsory conference is satisfied the absent party has been 29 given notice of the conference under section 67(2). 30 Page 60

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 73] (3) If a decision or order is made under subsection (1)(b), this Act 1 applies to the decision or order as if-- 2 (a) the compulsory conference were a proceeding before the 3 tribunal; and 4 (b) the decision or order were a decision or order made by 5 the tribunal constituted for the proceeding. 6 (4) A person the subject of an order under subsection (1)(b)(ii) 7 may apply to the tribunal to be reinstated as a party to the 8 proceeding. 9 (5) The tribunal may reinstate the person as a party to the 10 proceeding if satisfied the person had a reasonable excuse for 11 not attending the compulsory conference. 12 73 Member or adjudicator presiding 13 (1) This section applies if the person presiding at a compulsory 14 conference for a proceeding is a member or an adjudicator. 15 (2) At the end of the compulsory conference, the person presiding 16 must advise the parties to the proceeding of their rights to 17 object to the person constituting the tribunal for the 18 proceeding. 19 (3) A party may object to the person constituting the tribunal for 20 the proceeding. 21 (4) An objection under subsection (2), must be filed in the 22 registry-- 23 (a) within 2 business days after the compulsory conference 24 ends; or 25 (b) if the hearing of the proceeding is to start before the end 26 of the period mentioned in paragraph (a), before the start 27 of the hearing. 28 (5) The person presiding-- 29 (a) may disqualify himself or herself from constituting the 30 tribunal for the proceeding, whether or not an objection 31 is filed; and 32 Page 61

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 74] (b) must not constitute the tribunal for the proceeding if a 1 party objects to the person constituting the tribunal for 2 the proceeding. 3 74 Inadmissibility of particular evidence 4 (1) Evidence of anything said or done during a compulsory 5 conference for a proceeding is not admissible at any stage in 6 the proceeding. 7 (2) Subsection (1) does not apply to-- 8 (a) evidence that all parties to the proceeding have agreed 9 may be admitted into evidence; or 10 (b) evidence of an order made or direction given at a 11 compulsory conference or the reasons for the order or 12 direction; or 13 (c) evidence of anything said or done that is relevant to a 14 proceeding-- 15 (i) for an offence relating to the giving of false or 16 misleading information; or 17 (ii) for contempt; or 18 (iii) relating to an order made under section 72(1)(b). 19 Division 3 Mediation 20 75 Referral by tribunal or principal registrar 21 (1) The tribunal or the principal registrar may refer the subject 22 matter, or a part of the subject matter, of a proceeding for 23 mediation by a mediator appointed by the tribunal or principal 24 registrar. 25 (2) A referral under subsection (1) may be made with or without 26 the consent of the parties to the proceeding. 27 Page 62

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 76] (3) The principal registrar must give each party to the proceeding 1 written notice of the referral for mediation as stated in the 2 rules. 3 (4) If the tribunal or principal registrar decides to refer the subject 4 matter or part for mediation by a mediator under the Dispute 5 Resolution Centres Act 1990, it is sufficient if the tribunal or 6 principal registrar appoints the director of a specified dispute 7 resolution centre as mediator. 8 76 Personal or representative attendance 9 (1) The relevant entity may direct a party to a proceeding to 10 attend mediation in person or to be represented by a person 11 who has authority to settle the dispute the subject of the 12 proceeding for the party. 13 (2) In this section-- 14 relevant entity means-- 15 (a) before the mediation starts-- 16 (i) the entity that referred the subject matter, or a part 17 of the subject matter, of the proceeding for 18 mediation; or 19 (ii) the mediator who is to conduct the mediation; or 20 (b) from the start of the mediation--the mediator 21 conducting the mediation. 22 77 Purpose 23 The purpose of mediation for a proceeding is to promote the 24 settlement of the dispute the subject of the proceeding. 25 78 Procedure generally 26 (1) Unless the entity that referred a matter, or a part of a matter, 27 for mediation directs otherwise, the mediation must be held in 28 private. 29 Page 63

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 79] (2) Mediation may be conducted in the way decided by the 1 mediator, which must be a way complying with the rules. 2 79 Who may be a mediator 3 (1) A person may be a mediator for a proceeding only if the 4 person is-- 5 (a) a member; or 6 (b) an adjudicator; or 7 (c) the principal registrar; or 8 (d) a mediator under the Dispute Resolution Centres Act 9 1990; or 10 (e) a person, including, for example, a registrar or registry 11 staff member, approved by the principal registrar as a 12 mediator for the tribunal. 13 (2) The principal registrar may approve a person as a mediator for 14 the tribunal only if the principal registrar is satisfied, having 15 regard to the person's qualifications and experience, the 16 person is a suitable person to conduct mediation. 17 80 Disclosure of interests 18 (1) This section applies if a mediator who is to conduct mediation 19 has or acquires an interest, financial or otherwise, that may 20 conflict with the proper performance of the mediator's 21 functions in the mediation. 22 (2) The mediator must-- 23 (a) disclose the nature of the interest to the president; and 24 (b) not take part in the mediation or exercise powers for it, 25 unless all parties to the proceeding and the president 26 agree otherwise. 27 Page 64

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 81] 81 Member or adjudicator conducting mediation 1 (1) This section applies if the person conducting mediation for a 2 proceeding is a member or adjudicator. 3 (2) The person must not constitute the tribunal for the proceeding 4 unless all the parties to the proceeding agree otherwise. 5 82 Notification of outcome 6 (1) This section applies in relation to mediation conducted by a 7 mediator other than the principal registrar. 8 (2) If the parties to a proceeding agree to settle the proceeding or 9 a part of the proceeding at mediation, the mediator must 10 notify the principal registrar that the parties have agreed to 11 settle the dispute the subject of the proceeding or part. 12 (3) If a mediator has attempted unsuccessfully to settle a 13 proceeding by mediation, the mediator must notify the 14 principal registrar that the mediation was unsuccessful. 15 83 Inadmissibility of particular evidence 16 (1) Evidence of anything said or done during mediation for a 17 proceeding is not admissible at any stage of the proceeding. 18 (2) Subsection (1) does not apply to-- 19 (a) evidence that all parties to the proceeding have agreed 20 may be admitted into evidence; or 21 (b) evidence of anything said or done that is relevant to a 22 proceeding-- 23 (i) for an offence relating to the giving of false or 24 misleading information; or 25 (ii) for contempt. 26 Page 65

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 84] Division 4 Settlement and accepted offers to 1 settle 2 84 Settlement in compulsory conference 3 (1) This section applies if a settlement is reached in a compulsory 4 conference by the parties to a proceeding. 5 (2) The person presiding at the compulsory conference may-- 6 (a) record the terms of the settlement in writing; and 7 (b) make the orders necessary to give effect to the 8 settlement. 9 (3) This Act applies to an order made under subsection (2) as if-- 10 (a) the compulsory conference were a proceeding before the 11 tribunal; and 12 (b) the order were an order made by the tribunal constituted 13 for the proceeding. 14 85 Settlement at mediation 15 (1) This section applies if a settlement is reached by the parties to 16 a proceeding at mediation. 17 (2) If the mediator is a member, an adjudicator or the principal 18 registrar, the mediator may record the terms of the settlement 19 in writing and make the orders necessary to give effect to the 20 settlement. 21 (3) This Act applies to an order made under subsection (2) as if-- 22 (a) the mediation were a proceeding before the tribunal; and 23 (b) the order were an order made by the tribunal constituted 24 for the proceeding. 25 (4) If the mediator is not a member, an adjudicator or the 26 principal registrar, the mediator may-- 27 (a) record the terms of the settlement in writing and have 28 the parties sign the written terms; and 29 Page 66

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 86] (b) file the signed written terms in the registry. 1 (5) If signed written terms of the settlement are filed in the 2 registry under subsection (4), the tribunal may make the 3 orders necessary to give effect to the settlement. 4 86 Settlement other than in compulsory conference or at 5 mediation 6 (1) This section applies if a settlement is reached by the parties to 7 a proceeding other than in a compulsory conference or at 8 mediation. 9 (2) The parties may-- 10 (a) record the terms of the settlement in writing and sign the 11 written terms; and 12 (b) file the signed written terms in the registry. 13 (3) If no party to the proceeding notifies the tribunal of the party's 14 intention to withdraw from the settlement within 7 days after 15 the written terms are filed in the registry, the tribunal may 16 make the orders necessary to give effect to the settlement. 17 (4) The tribunal's power to make an order under subsection (3) is 18 exercisable only by a legally qualified member or an 19 adjudicator. 20 87 Limitation on making order giving effect to settlement 21 An order under this division giving effect to a settlement for a 22 proceeding may be made only if the entity making the order is 23 satisfied the tribunal could make a decision in the terms of the 24 settlement or in terms consistent with the settlement. 25 88 Effect of order giving effect to settlement 26 (1) An order under this division giving effect to a settlement for a 27 proceeding has the same effect as if it were an order made by 28 the tribunal after deciding the proceeding. 29 Page 67

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 89] (2) The parties to the proceeding may apply to the tribunal for an 1 amendment of the order if the order does not reflect the 2 intention of the parties in the settlement. 3 (3) An application under subsection (2) must be made jointly by 4 all the parties to the proceeding. 5 (4) The tribunal may, on the application of the parties under this 6 section, amend the terms of the order if the tribunal is 7 satisfied-- 8 (a) the amendment reflects the intention of the parties; and 9 (b) the tribunal could make a decision in the terms of the 10 settlement after the amendment, or consistent with the 11 terms of the settlement after the amendment. 12 89 Consequences if accepted offer to settle is not complied 13 with 14 (1) This section applies if an offer to settle the dispute the subject 15 of a proceeding is accepted, but the party who made the offer 16 does not comply with its terms. 17 (2) The tribunal, on the application of the party who accepted the 18 offer (the relevant party), may-- 19 (a) make an order giving effect to the terms of the offer; or 20 (b) if the party making the offer was the applicant-- 21 (i) dismiss the proceeding; or 22 (ii) if the relevant party responded to the application 23 for the proceeding before the offer was made, 24 make an order awarding the relevant party any or 25 all of the things asked for in the response; or 26 (c) if the relevant party is the applicant, make an order 27 awarding the relevant party any or all of the things asked 28 for in the proceeding. 29 Page 68

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 90] Division 5 Hearings 1 90 Public hearing 2 (1) Unless an enabling Act that is an Act provides otherwise, a 3 hearing of a proceeding must be held in public. 4 (2) However, the tribunal may direct a hearing or a part of a 5 hearing be held in private if the tribunal considers it is 6 necessary-- 7 (a) to avoid interfering with the proper administration of 8 justice; or 9 (b) to avoid endangering the physical or mental health or 10 safety of a person; or 11 (c) to avoid offending public decency or morality; or 12 (d) to avoid the publication of confidential information or 13 information whose publication would be contrary to the 14 public interest; or 15 (e) for another reason in the interests of justice. 16 (3) The tribunal may make directions about the persons who may 17 attend a hearing or a part of a hearing to be held in private. 18 (4) The tribunal may make a direction under this section on the 19 application of a party to the proceeding or on its own 20 initiative. 21 91 Support person may be allowed in private hearing 22 (1) This section applies if a hearing of a proceeding is to be held 23 in private. 24 (2) The tribunal must-- 25 (a) ask each party to the proceeding whether the party needs 26 the support of someone else for the hearing; and 27 (b) ask each witness whether the witness needs the support 28 of someone else for giving evidence at the hearing. 29 Page 69

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 92] (3) If a party or witness tells the tribunal that the party or witness 1 needs the support of someone else (the support person), the 2 tribunal must allow the support person to attend the hearing 3 with the party or witness. 4 (4) If the support person is to be a witness at the hearing, the 5 tribunal may direct the times the support person may attend 6 the hearing under subsection (3). 7 (5) The support person-- 8 (a) must not be a party to the proceeding; and 9 (b) must not represent the party or witness at the hearing or 10 address the tribunal. 11 92 Notice 12 The principal registrar must give notice, as stated in the rules, 13 of the time and place for the hearing of a proceeding to-- 14 (a) each party to the proceeding; and 15 (b) each other person to whom notice of the hearing must be 16 given under an enabling Act or the rules; and 17 (c) any other person the tribunal directs to be given notice 18 of the hearing. 19 93 Deciding in absence of person 20 (1) This section applies if-- 21 (a) a person has not attended a hearing and the tribunal is 22 satisfied the person has been given notice of the hearing 23 under section 92; or 24 (b) the tribunal is satisfied a person can not be found after 25 reasonable inquiries have been made. 26 (2) The tribunal may hear and decide the matter in the person's 27 absence. 28 Page 70

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 94] (3) This section applies even if the absent person is a party to the 1 proceeding. 2 94 Expedited hearing 3 (1) The tribunal may conduct an expedited hearing for-- 4 (a) a minor civil dispute; or 5 (b) a matter an enabling Act that is an Act states is a matter 6 for which an expedited hearing may be conducted. 7 (2) The expedited hearing must be conducted in the way stated in 8 the rules. 9 95 Evidence 10 (1) The tribunal must allow a party to a proceeding a reasonable 11 opportunity to-- 12 (a) call or give evidence; and 13 (b) examine, cross-examine and re-examine witnesses; and 14 (c) make submissions to the tribunal. 15 (2) Despite subsection (1)-- 16 (a) the tribunal may refuse to allow a party to a proceeding 17 to call evidence on a matter if the tribunal considers 18 there is already sufficient evidence about the matter 19 before the tribunal; and 20 (b) the tribunal may refuse to allow a party to a proceeding 21 to cross-examine a witness about a matter if the tribunal 22 considers-- 23 (i) there is sufficient evidence about the matter before 24 the tribunal; and 25 (ii) the evidence has been sufficiently tested by 26 cross-examination; and 27 Page 71

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 96] (c) for an expedited hearing under section 94, 1 cross-examination or re-examination of witnesses is at 2 the discretion of the tribunal, subject to the rules. 3 (3) Also, the tribunal may place time limits on the giving of 4 evidence and on the examination, cross-examination and 5 re-examination of witnesses. 6 (4) Evidence in a hearing-- 7 (a) may be given orally or in writing; and 8 (b) if the tribunal requires, must be given on oath or by 9 affidavit. 10 (5) A member or adjudicator may administer or cause to be 11 administered an oath for the purpose of taking evidence at a 12 hearing. 13 (6) A child can not be compelled to take an oath. 14 96 Authorising taking of evidence 15 (1) The tribunal may authorise, in writing, a person (whether or 16 not a member or adjudicator) to take evidence on behalf of the 17 tribunal for a proceeding. 18 (2) The tribunal's power to give an authorisation under subsection 19 (1) is exercisable only by a legally qualified member or an 20 adjudicator. 21 (3) A person may be authorised to take evidence under this 22 section outside Queensland. 23 (4) The tribunal may give directions about the taking of evidence 24 under this section. 25 (5) If a person other than a member or adjudicator is authorised to 26 take evidence under this section, the person has all the powers 27 of a member for taking the evidence. 28 (6) Evidence taken under this section-- 29 (a) is taken to be evidence given to the tribunal; and 30 Page 72

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 97] (b) for evidence taken outside Queensland, is taken to have 1 been given in Queensland. 2 97 Requiring witness to attend or produce document or 3 thing 4 (1) The tribunal may, by written notice, require a person to-- 5 (a) attend at a stated hearing of a proceeding to give 6 evidence; or 7 (b) produce a stated document or other thing to the tribunal. 8 Note-- 9 See section 214 for consequences of failing to comply with a notice 10 under this subsection. 11 (2) The tribunal may give a notice under subsection (1) on the 12 application of a party to a proceeding or on its own initiative. 13 (3) A person who attends a hearing, or produces a document, in 14 compliance with a written notice given under subsection (1) is 15 entitled to be paid the fees and allowances prescribed under a 16 regulation or, if no fees and allowances are prescribed, the 17 fees and allowances decided by the tribunal. 18 (4) Fees and allowances payable to a person under subsection (3) 19 must be paid-- 20 (a) if the person was given the notice on the application of a 21 party to the proceeding--by the party; or 22 (b) otherwise--by all of the parties in the proportions 23 decided by the tribunal. 24 98 Powers relating to witnesses 25 (1) In a hearing of a proceeding, the tribunal may-- 26 (a) on its own initiative call any person to give evidence; or 27 (b) examine a witness on oath or require a witness to give 28 evidence by affidavit; or 29 Page 73

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 99] (c) examine or cross-examine a witness to the extent the 1 tribunal considers appropriate to obtain information 2 relevant to performing its functions in the proceeding; or 3 (d) compel a witness to answer questions the tribunal 4 considers relevant to the proceeding. 5 (2) Subsection (1) does not allow the tribunal to compel a witness 6 to answer a question if the witness has a reasonable excuse for 7 refusing to answer the question. 8 (3) Without limiting subsection (2), it is a reasonable excuse for a 9 witness to refuse to answer a question if answering the 10 question might tend to incriminate the person. 11 99 Dealing with special witnesses 12 (1) This section applies in relation to a special witness giving 13 evidence at a hearing of a proceeding. 14 (2) The tribunal may make any of the following orders-- 15 (a) that only particular persons may be present when the 16 special witness gives evidence; 17 (b) that only particular persons may ask questions of the 18 special witness; 19 (c) that the questioning of the special witness must be 20 restricted to a stated time limit; 21 (d) that a particular person must be obscured from the view 22 of the special witness while the special witness is giving 23 evidence; 24 (e) that a particular person must be excluded from the place 25 where the hearing is held while the special witness is 26 giving evidence; 27 (f) that the special witness must give evidence in a place 28 other than where the hearing is held and in the presence 29 of only stated persons or with stated persons being 30 excluded from the room; 31 Page 74

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 99] (g) that a person, including, for example, a support person 1 under section 91, must be present while the special 2 witness is giving evidence to give emotional support to 3 the special witness; 4 (h) that an audiovisual record of the evidence given by the 5 special witness be made and that the record be viewed 6 and heard at the hearing instead of the special witness 7 giving direct testimony at the hearing. 8 (3) The tribunal may make an order under subsection (2) on the 9 application of a party to the proceeding or on its own 10 initiative. 11 (4) In this section-- 12 relevant matter, for a person, means-- 13 (a) the person's age, education, level of understanding or 14 cultural background; or 15 (b) the person's relationship to a party to the proceeding; or 16 (c) the nature of the subject matter of the evidence; or 17 (d) another matter the tribunal considers relevant. 18 special witness means a witness who is-- 19 (a) a child; or 20 (b) another person who the tribunal considers would be 21 likely, if the person were required to give evidence 22 according to the tribunal's usual practices and 23 procedures, to-- 24 (i) be disadvantaged as a witness because of the 25 person's mental, intellectual or physical 26 impairment or a relevant matter; or 27 (ii) suffer severe emotional trauma; or 28 (iii) be so intimidated as to be disadvantaged as a 29 witness. 30 Page 75

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 100] Division 6 Costs 1 100 Each party usually bears own costs 2 Other than as provided under this Act or an enabling Act, each 3 party to a proceeding must bear the party's own costs for the 4 proceeding. 5 101 Limitation for children 6 (1) The tribunal must not award costs against a child. 7 (2) Subsection (1) does not prevent the tribunal from making an 8 order under section 103 against a representative of a child. 9 102 Costs against party in interests of justice 10 (1) The tribunal may make an order requiring a party to a 11 proceeding to pay all or a stated part of the costs of another 12 party to the proceeding if the tribunal considers the interests 13 of justice require it to make the order. 14 (2) However, the only costs the tribunal may award under 15 subsection (1) against a party to a proceeding for a minor civil 16 dispute are the costs stated in the rules as costs that may be 17 awarded for minor civil disputes under this section. 18 (3) In deciding whether to award costs under subsection (1) or (2) 19 the tribunal may have regard to the following-- 20 (a) whether a party to a proceeding is acting in a way that 21 unnecessarily disadvantages another party to the 22 proceeding, including as mentioned in section 48(1)(a) 23 to (g); 24 (b) the nature and complexity of the dispute the subject of 25 the proceeding; 26 (c) the relative strengths of the claims made by each of the 27 parties to the proceeding; 28 Page 76

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 103] (d) for a proceeding for the review of a reviewable 1 decision-- 2 (i) whether the applicant was afforded natural justice 3 by the decision-maker for the decision; and 4 (ii) whether the applicant genuinely attempted to 5 enable and help the decision-maker to make the 6 decision on the merits; 7 (e) the financial circumstances of the parties to the 8 proceeding; 9 (f) anything else the tribunal considers relevant. 10 103 Costs against representative in interests of justice 11 (1) If the tribunal considers a representative of a party to a 12 proceeding, rather than the party, is responsible for 13 unnecessarily disadvantaging another party to the proceeding 14 as mentioned in section 102(3)(a), the tribunal may make a 15 costs order requiring the representative to pay a stated amount 16 to the other party as compensation for the unnecessary costs. 17 (2) Before making a costs order under subsection (2), the tribunal 18 must give the representative a reasonable opportunity to be 19 heard in relation to making the order. 20 104 Costs against intervening parties 21 (1) If the Attorney-General intervenes in a proceeding for the 22 State, the tribunal may make a costs order requiring the State 23 to pay a stated amount to a party to the proceeding as 24 compensation for all or a part of the costs reasonably incurred 25 by the party as a result of the intervention. 26 (2) If the tribunal gives leave to a person to intervene in a 27 proceeding, the tribunal may make a costs order requiring the 28 person to pay a stated amount to a party to the proceeding as 29 compensation for all or a part of the costs reasonably incurred 30 by the party as a result of the intervention. 31 Page 77

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 105] 105 Other power to award costs 1 The rules may authorise the tribunal to award costs in other 2 circumstances, including, for example, the payment of costs in 3 a proceeding if an offer to settle the dispute the subject of the 4 proceeding has been made but not accepted. 5 106 Costs awarded at any stage 6 If the tribunal may award costs under this Act or an enabling 7 Act, the costs may be awarded at any stage of a proceeding or 8 after the proceeding has ended. 9 107 Fixing or assessing costs 10 (1) If the tribunal makes a costs order under this Act or an 11 enabling Act, the tribunal must fix the costs if possible. 12 (2) If it is not possible to fix the costs having regard to the nature 13 of the proceeding, the tribunal may make an order requiring 14 that the costs be assessed under the rules. 15 (3) The rules may provide that costs must be assessed by 16 reference to a scale under the rules applying to a court. 17 108 Staying proceeding 18 (1) Subsection (2) applies if the tribunal makes a costs order 19 under this Act or an enabling Act before a proceeding ends. 20 (2) The tribunal may make an order requiring that the costs be 21 paid before it continues with the proceeding. 22 (3) Subsection (4) applies if a party has been ordered to pay the 23 costs of another party under this Act or an enabling Act, and 24 the party, before paying the costs, starts another proceeding 25 before the tribunal against the other party. 26 (4) The tribunal may make an order staying the other proceeding 27 until the costs are paid. 28 Page 78

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 109] 109 Security 1 (1) This section applies if, under this Act or an enabling Act, the 2 tribunal may award a party's costs for a proceeding. 3 (2) On the application of a party (applicant party) to the 4 proceeding against whom a claim is made or an outcome or 5 decision sought in a proceeding, the tribunal may make an 6 order-- 7 (a) requiring another party to the proceeding to give 8 security for the applicant party's costs within the period 9 stated in the order; and 10 (b) staying the proceeding, or the part of the proceeding 11 against the applicant party, until the security is given. 12 (3) If the security is not given within the period stated in the 13 order, the tribunal may make an order dismissing the 14 proceeding, or the part of the proceeding against the applicant 15 party. 16 (4) In deciding whether to make an order under subsection (1), 17 the tribunal may have regard to any of the following matters-- 18 (a) the financial circumstances of the parties to the 19 proceeding; 20 (b) the prospects of success or merits of the proceeding or 21 the part of the proceeding against the applicant party; 22 (c) the genuineness of the proceeding or the part of the 23 proceeding against the applicant party; 24 (d) anything else the tribunal considers relevant. 25 Division 7 Assessors 26 110 Appointment 27 (1) The president may appoint a person with relevant knowledge, 28 expertise and experience to help the tribunal in relation to a 29 proceeding. 30 Page 79

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 111] (2) Assessors are appointed under this Act and not under the 1 Public Service Act 2008. 2 (3) An appointment of an assessor must be made in writing. 3 (4) An assessor is entitled to be paid the remuneration and 4 allowances decided by the president and stated in the 5 assessor's instrument of appointment. 6 111 Helping the tribunal 7 (1) The tribunal may-- 8 (a) ask an assessor to give expert evidence in a proceeding; 9 or 10 (b) engage an assessor to help the tribunal in a proceeding, 11 including, for example-- 12 (i) to help the tribunal comply with section 29; or 13 (ii) to sit with the tribunal for giving advice about the 14 proceeding; or 15 (c) refer a question of fact arising in a proceeding to an 16 assessor for the assessor to decide the question and give 17 the tribunal a written report stating the decision and the 18 reasons for it; or 19 (d) ask an assessor to give advice to the tribunal. 20 (2) In asking an assessor to give advice under subsection (1)(d), 21 the tribunal may ask the assessor to conduct an inquiry or 22 investigation into a matter and give a written report of the 23 assessor's findings in the inquiry or investigation. 24 (3) If an assessor gives the tribunal a written report of the 25 assessor's decision under subsection (1)(c), or the assessor's 26 findings in an inquiry or investigation under subsection (2), 27 the tribunal-- 28 (a) must give a copy of the report to-- 29 (i) each party to the proceeding; and 30 Page 80

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 6 Other provisions about a proceeding [s 112] (ii) each other person to whom a copy of the report is 1 required to be given under an enabling Act or the 2 rules; and 3 (b) must give each party to the proceeding an opportunity to 4 make written submissions about the report; and 5 (c) after considering any submissions made under 6 paragraph (b), may either-- 7 (i) adopt the assessor's decision or findings, in whole 8 or in part; or 9 (ii) reject the decision or findings. 10 112 Costs for assessor 11 (1) The tribunal may make an order requiring a party to a 12 proceeding, other than a child, to pay or contribute to the 13 tribunal's costs of obtaining an assessor's help. 14 (2) However, subsection (1) applies in relation to a party only if-- 15 (a) before obtaining the help the tribunal advised the party 16 of-- 17 (i) the tribunal's intention of obtaining the help; and 18 (ii) the likely costs of obtaining the help; and 19 (iii) the likely amount of the party's payment or 20 contribution; and 21 (b) the tribunal gave the party an opportunity to be heard on 22 the matter of obtaining the help. 23 113 Disclosure of interests 24 (1) This section applies if an assessor who is to help the tribunal 25 in a particular proceeding has or acquires an interest, financial 26 or otherwise, that may conflict with the proper performance of 27 the assessor's functions. 28 (2) The assessor must-- 29 Page 81

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 114] (a) disclose the nature of the interest to the president; and 1 (b) not take part in the proceeding or exercise powers for it, 2 unless all parties to the proceeding and the president 3 agree otherwise. 4 Part 7 Decisions and enforcement 5 Division 1 Making decision 6 114 Conditions and ancillary orders and directions 7 The tribunal's power to make a decision in a proceeding (the 8 primary power) includes a power-- 9 (a) to impose conditions on the decision; and 10 Example of a condition-- 11 that something required to be done by the decision be done 12 within a stated period 13 (b) to make an ancillary order or direction the tribunal 14 considers appropriate for achieving the purpose for 15 which the tribunal may exercise the primary power. 16 Examples of ancillary orders or directions-- 17 · an order adjourning the proceeding 18 · an order or direction that a person give an undertaking to the 19 tribunal 20 115 More than 1 member constitutes tribunal 21 (1) If the tribunal for a particular matter is constituted by 2 22 members and the decisions of the members differ, the 23 tribunal's decision is the decision of the presiding member. 24 Page 82

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 116] (2) If the tribunal for a particular matter is constituted by 3 1 members and the decisions of the members differ, the 2 tribunal's decision is the decision of the majority. 3 (3) This section is subject to section 116. 4 116 Deciding question of law 5 (1) This section applies for deciding a question of law arising in a 6 proceeding. 7 (2) If the presiding member is a legally qualified member or an 8 adjudicator, the tribunal's decision on the question is the 9 decision of the presiding member. 10 (3) If the presiding member is not a legally qualified member or 11 an adjudicator and the tribunal as constituted for the 12 proceeding includes 1 legally qualified member, the tribunal's 13 decision on the question is the decision of the legally qualified 14 member. 15 (4) If the presiding member is not a legally qualified member or 16 an adjudicator and the tribunal as constituted for a proceeding 17 includes 2 legally qualified members, the tribunal's decision 18 on the question is the decision of the legally qualified member 19 nominated by the president to decide questions of law arising 20 in the proceeding. 21 (5) If the presiding member is not a legally qualified member or 22 an adjudicator and the tribunal as constituted for a proceeding 23 does not include a legally qualified member-- 24 (a) the tribunal's decision on the question is the decision of 25 a legally qualified member nominated by the president; 26 and 27 (b) for that purpose only, the tribunal is taken to have been 28 reconstituted to include the legally qualified member. 29 Page 83

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 117] 117 Referring question of law to president 1 (1) The presiding member may refer a question of law before the 2 tribunal to the president. 3 (2) Subsection (1) applies whether or not the question has been 4 decided by the tribunal under section 116. 5 (3) If the president decides a question of law referred to the 6 president under subsection (1), the decision of the president is 7 the tribunal's decision on the question. 8 118 Referring question of law to Court of Appeal 9 (1) The president may refer a question of law in a proceeding 10 before the tribunal to the Court of Appeal. 11 Note-- 12 See also section 155 (Particular documents to be given to Court of 13 Appeal). 14 (2) The president, or the appeal tribunal with the president's 15 consent, may refer a question of law in a proceeding before 16 the appeal tribunal to the Court of Appeal. 17 (3) A referral under subsection (1) or (2) may be made on the 18 application of a party to the proceeding or on the president's 19 or appeal tribunal's own initiative. 20 (4) If a question of law is referred to the Court of Appeal under 21 subsection (1) or (2)-- 22 (a) the Court of Appeal may decide the question and make 23 consequential or ancillary orders and directions; and 24 (b) the tribunal or appeal tribunal must not make a decision 25 about the matter for which the question arose or is 26 relevant until it receives the Court of Appeal's decision 27 on the question; and 28 (c) the tribunal or appeal tribunal must not proceed in a 29 way, or make a decision, that is inconsistent with the 30 Court of Appeal's decision on the question. 31 Page 84

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 119] (5) If the Court of Appeal decides a question of law referred to it 1 under subsection (1) or (2), the tribunal's or appeal tribunal's 2 decision on the question is the decision of the Court of 3 Appeal. 4 119 Decision to be given within a reasonable time 5 The tribunal must give its decision in a proceeding, including 6 its final decision, within a reasonable time. 7 Division 2 Giving decision etc. 8 120 Giving decision or notice to particular persons 9 (1) This section applies if-- 10 (a) the tribunal gives a written decision or notice to a 11 person; and 12 (b) the tribunal is aware that the person-- 13 (i) is blind or apparently illiterate in English; or 14 (ii) is a child or person with impaired capacity. 15 (2) The tribunal must do everything reasonably practicable to 16 communicate the information in the decision or notice to the 17 person. 18 121 Giving final decision other than in an appeal 19 (1) The tribunal must give its final decision in a proceeding in 20 writing to-- 21 (a) each party to the proceeding; and 22 (b) each other person to whom notice of the decision is 23 required to be given under an enabling Act or the rules; 24 and 25 (c) for a proceeding for a review of a reviewable 26 decision--the chief executive of the entity in which the 27 Page 85

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 122] reviewable decision was made (if the chief executive is 1 not a party to the proceeding); and 2 (d) any other person the tribunal reasonably considers 3 notice of the decision should be given. 4 (2) Also, the tribunal must give each party to the proceeding a 5 written notice stating-- 6 (a) part 8 provides for appeals against particular decisions 7 of the tribunal; and 8 (b) a brief summary of the application of part 8; and 9 (c) if the final decision given under subsection (1) does not 10 include the tribunal's reasons for the decision--the party 11 may request that the tribunal give written reasons for the 12 final decision under section 122. 13 (3) The tribunal complies with subsection (1)(b), (c) or (d) in 14 relation to a person if the tribunal orders a party to the 15 proceeding to give a copy of the final decision to the person. 16 (4) Without limiting section 122, the tribunal must give reasons 17 for its final decision in a proceeding either orally or in writing. 18 (5) This section does not apply to an appeal before the appeal 19 tribunal. 20 Note-- 21 See section 148 for how the appeal tribunal is to give its final decision in 22 an appeal. 23 (6) In this section-- 24 chief executive includes chief executive officer. 25 122 Request for written reasons 26 (1) This section applies if the tribunal makes a decision in a 27 proceeding, including its final decision, and does not give 28 written reasons for the decision. 29 Page 86

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 123] (2) A party to the proceeding may, within 14 days after the 1 decision takes effect under section 127, request that the 2 tribunal give written reasons for the decision. 3 (3) The tribunal must comply with a request under subsection (2) 4 within 45 days after the request is made or, if the president 5 extends the period, the extended period. 6 123 Transcript or audio recording is sufficient 7 (1) This section applies if the tribunal is required to give in 8 writing a decision in a proceeding, or the reasons for a 9 decision in a proceeding, to a person. 10 (2) It is enough for the tribunal to give the person a written 11 transcript, or an audio recording, of the part of the proceeding 12 in which the decision is, or the reasons are, given orally. 13 124 Confidentiality 14 In giving its decision or reasons, whether orally or in writing, 15 the tribunal must ensure the decision or reasons do not include 16 something the subject of a non-publication order if including 17 the thing in the decision or reasons would contravene the 18 order. 19 125 Publication 20 (1) The tribunal may publish its final decision in a proceeding, 21 with or without the reasons for the decision, in any way it 22 considers appropriate. 23 (2) However, the tribunal must ensure the publication of its final 24 decision, or the reasons for its final decision, do not include 25 something the subject of a non-publication order if including 26 the thing in the publication would contravene the order. 27 Page 87

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 126] Division 3 Effect of decision and its validity 1 126 Effect of decision 2 (1) A decision of the tribunal in a proceeding is binding on all 3 parties to the proceeding. 4 (2) The making, by the tribunal, of a final decision in a 5 proceeding for a minor civil dispute does not prevent a court 6 or another tribunal making a decision about an issue 7 considered (whether or not decided) by the tribunal in the 8 proceeding if the issue is relevant to a proceeding for another 9 matter before the court or other tribunal. 10 127 When decision takes effect 11 A decision of the tribunal in a proceeding takes effect-- 12 (a) when it is made; or 13 (b) if the decision states a later date or time when the 14 decision is to take effect--the later date or time. 15 Example-- 16 If a party to the proceeding is not present before the tribunal when the 17 decision is made, a decision may state it takes effect from a future date 18 or when a future event happens. 19 Note-- 20 If, under part 8, a party to a proceeding appeals against a decision in the 21 proceeding, the operation of the decision may be stayed under section 22 145 or 152. 23 128 Procedural defects etc. 24 (1) A failure of the tribunal to comply with a requirement of 25 division 2 for a decision or notice does not affect the validity 26 of the decision or notice. 27 (2) A decision of the tribunal is not invalid only because-- 28 (a) of a vacancy in the office of a member or adjudicator; or 29 Page 88

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 129] (b) of a defect or irregularity in, or in connection with, the 1 appointment of a member, acting member, adjudicator, 2 acting adjudicator or the principal registrar; or 3 (c) in relation to a person appointed to act as the president 4 or deputy president, the occasion for the person to act as 5 the president or deputy president had not arisen or had 6 ceased. 7 (3) In this section-- 8 principal registrar includes a registrar performing a function 9 of the principal registrar under section 211(1). 10 Division 4 Enforcing final decision 11 129 Definition for div 4 12 In this division-- 13 final decision, of the tribunal in a proceeding, includes-- 14 (a) an interim order under section 58; and 15 (b) an injunction under section 59; and 16 (c) a monetary decision made other than as part of the 17 tribunal's final decision in the proceeding. 18 130 Application of Limitation of Actions Act 1974 19 The Limitation of Actions Act 1974, section 10(4) applies in 20 relation to a final decision of the tribunal in a proceeding as if 21 the decision were a judgment becoming enforceable when the 22 decision takes effect under this Act. 23 131 Monetary decisions 24 (1) This section applies to a final decision of the tribunal in a 25 proceeding if it is a monetary decision. 26 Page 89

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 132] (2) A person may enforce the final decision by filing in the 1 registry of a court of competent jurisdiction-- 2 (a) a copy of the decision that the principal registrar has 3 certified to be a true copy; and 4 (b) the person's affidavit about the amount not paid under 5 the decision. 6 (3) No charge may be made for filing a copy of a decision or an 7 affidavit under this section. 8 (4) On filing the documents mentioned in subsection (2) in the 9 registry of a court, the final decision is taken to be an order of 10 the court in which it is filed and may be enforced accordingly. 11 132 Non-monetary decisions 12 (1) This section applies to a final decision of the tribunal in a 13 proceeding-- 14 (a) if it is not a monetary decision; or 15 (b) if it is a monetary decision--to the extent the decision 16 does not require payment of an amount to a person. 17 (2) A person may enforce the final decision by filing in the 18 registry of the Supreme Court-- 19 (a) a copy of the decision that the principal registrar has 20 certified to be a true copy; and 21 (b) the person's affidavit about the non-compliance with the 22 decision. 23 (3) No charge may be made for filing a copy of a decision or an 24 affidavit under this section. 25 (4) On filing the documents mentioned in subsection (2) in the 26 registry of the Supreme Court, the final decision is taken to be 27 an order of the court and may be enforced accordingly. 28 (5) The Supreme Court may transfer to a lower court a 29 proceeding for the enforcement of the order that is pending in 30 the Supreme Court if-- 31 Page 90

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 133] (a) the order is of a kind that may be made by the lower 1 court; or 2 (b) the order is otherwise capable of being enforced in the 3 lower court. 4 (6) If a proceeding is transferred to a lower court under 5 subsection (5)-- 6 (a) the order is taken to be an order of the lower court and 7 may be enforced accordingly; and 8 (a) the proceeding for the enforcement of the order is taken 9 to have been started before the lower court when it was 10 started in the Supreme Court. 11 (7) In this section-- 12 lower court means a District Court or Magistrates Court. 13 Division 5 Renewal of final decision 14 133 Application for renewal 15 (1) This section applies if-- 16 (a) it is not possible for the tribunal's final decision in a 17 proceeding to be complied with; or 18 (b) there are problems with interpreting, implementing or 19 enforcing the tribunal's final decision in a proceeding. 20 (2) A party to the proceeding may apply to the tribunal for a 21 renewal of the final decision. 22 (3) The application must-- 23 (a) be in a form substantially complying with rules; and 24 (b) state the reason for the application; and 25 (c) be made-- 26 (i) within the period stated in the rules; and 27 (ii) by filing it in the registry. 28 Page 91

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 134] (4) The party must give a copy of the application to-- 1 (a) each other party to the proceeding; and 2 (b) each other person to whom notice of the application or 3 referral for the proceeding was given under section 37 4 and 5 (c) any person the tribunal directs to be given notice of the 6 application. 7 (5) Subsection (4) does not require the party to give a copy of the 8 application to a person if the principal registrar has given or 9 undertaken to give the copy to the person. 10 (6) A party can not make an application under this section in 11 relation to a final decision the subject of an appeal, or an 12 application for leave to appeal, under part 8. 13 (7) Subsection (6) applies whether or not the appeal or 14 application has been decided. 15 134 Renewed final decision 16 (1) This section applies if, under section 133, a person applies for 17 a renewal of the tribunal's final decision in a proceeding. 18 (2) The tribunal may make-- 19 (a) the same final decision it made when the proceeding 20 was originally decided; or 21 (b) any other appropriate final decision that it could have 22 made, under this Act or an enabling Act, when the 23 proceeding was originally decided. 24 (3) For this Act or an enabling Act, the final decision of the 25 tribunal under subsection (2) is the tribunal's final decision in 26 the proceeding. 27 (4) The tribunal's final decision can not be renewed again under 28 this division. 29 Page 92

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 135] Division 6 Correcting mistakes 1 135 Tribunal may correct mistake 2 (1) The tribunal may correct a decision made by it in a proceeding 3 if the decision contains-- 4 (a) a clerical mistake; or 5 (b) an error arising from an accidental slip or omission; or 6 (c) a material miscalculation of figures or a material 7 mistake in the description of a matter, person or thing 8 mentioned in the decision; or 9 (d) a defect of form. 10 (2) The tribunal may act under subsection (1) on the application 11 of a party to the proceeding or on its own initiative. 12 (3) An application under subsection (2) must be made within the 13 period, and in the way, stated in the rules. 14 (4) A party can not make an application under subsection (2) in 15 relation to a decision the subject of an appeal, or an 16 application for leave to appeal, under part 8. 17 (5) Subsection (4) applies whether or not the appeal or 18 application has been decided. 19 Division 7 Reopening 20 136 Application of div 7 21 This division applies to a proceeding, other than an appeal 22 under part 8, division 1, that has been heard and decided by 23 the tribunal. 24 137 Definitions for div 7 25 In this division-- 26 Page 93

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 138] hearing, of a proceeding, includes a compulsory conference 1 for a proceeding if the person presiding over the conference 2 decides the proceeding under section 72(1)(b). 3 reopening ground, for a party to a proceeding, means-- 4 (a) the party did not appear at the hearing of the proceeding 5 and had a reasonable excuse for not attending the 6 hearing; or 7 (b) the party would suffer a substantial injustice if the 8 proceeding was not reopened because significant new 9 evidence has arisen and that evidence was not 10 reasonably available when the proceeding was first 11 heard and decided. 12 138 Application to reopen 13 (1) A party to a proceeding may apply to the tribunal for the 14 proceeding to be reopened if the party considers a reopening 15 ground exists for the party. 16 (2) The application must-- 17 (a) state the reopening ground on which it is made; and 18 (b) be made within the period and in the way stated in the 19 rules; and 20 (c) be accompanied by the prescribed fee (if any). 21 (3) The party must give a copy of the application to-- 22 (a) each other party to the proceeding; and 23 (b) each other person to whom notice of the application is 24 required to be given under an enabling Act or the rules; 25 and 26 (c) any person the tribunal directs to be given notice of the 27 application. 28 (4) Subsection (3) does not require the party to give a copy of the 29 application to a person if the principal registrar has given or 30 undertaken to give a copy of the application to the person. 31 Page 94

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 139] (5) A party can not make an application under this section in 1 relation to a decision the subject of an appeal, or an 2 application for leave to appeal, under part 8. 3 (6) Subsection (5) applies whether or not the appeal or 4 application has been decided. 5 139 Deciding whether to reopen 6 (1) This section applies if a party (the applicant party) to a 7 proceeding makes an application under section 138 for a 8 proceeding to be reopened. 9 (2) Each party to the proceeding must be given an opportunity to 10 make, within the period stated in the rules, written 11 submissions about the application. 12 (3) The tribunal-- 13 (a) must consider any written submissions made under 14 subsection (2) about the application; and 15 (b) may decide whether or not to reopen the proceeding 16 entirely on the basis of documents, without a hearing or 17 meeting of any kind. 18 (4) The tribunal may grant the application only if the tribunal 19 considers-- 20 (a) a reopening ground exists for the applicant party; and 21 (b) the ground could be effectively or conveniently dealt 22 with by reopening the proceeding under this division, 23 whether or not an appeal under part 8 relating to the 24 ground may also be started. 25 (5) The tribunal's decision on the application is final and can not 26 be challenged, appealed against, reviewed, set aside, or called 27 in question in another way, under the Judicial Review Act 28 1991 or otherwise. 29 Page 95

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 7 Decisions and enforcement [s 140] 140 Effect of decision to reopen 1 (1) If, under section 139, the tribunal decides a proceeding should 2 be reopened, the tribunal must decide the issues in the 3 proceeding that must be heard and decided again. 4 (2) The issues must be heard and decided by way of a fresh 5 hearing on the merits, and subsection (1) does not prevent the 6 tribunal from hearing and deciding other related issues in the 7 proceeding. 8 (3) The hearing and deciding of the issues and any related issues 9 are taken to be a part of the original proceeding. 10 (4) The tribunal may-- 11 (a) confirm or amend the tribunal's previous final decision 12 in the proceeding; or 13 (b) set aside the tribunal's previous final decision in the 14 proceeding and substitute a new decision. 15 (5) For this Act or an enabling Act, the decision of the tribunal as 16 confirmed, amended or substituted under subsection (4) is the 17 tribunal's final decision in the proceeding. 18 (6) The proceeding can not be reopened again under this division. 19 141 No appeal until application finally dealt with 20 (1) This section applies if a party to a proceeding has made an 21 application under section 138 about the tribunal's final 22 decision in the proceeding. 23 (2) An appeal, or an application for leave to appeal, against the 24 final decision can not be made until the application under 25 section 138 is finally dealt with under this division. 26 Page 96

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 142] Part 8 Appeals etc. 1 Division 1 Appeals to appeal tribunal 2 142 Party may appeal 3 (1) A party to a proceeding may appeal to the appeal tribunal 4 against a decision of the tribunal in the proceeding if a judicial 5 member did not constitute the tribunal in the proceeding. 6 Note-- 7 See section 149 for appeals against decisions of the tribunal if a judicial 8 member constituted the tribunal. 9 (2) However, a party to a proceeding can not appeal to the appeal 10 tribunal against the following decisions of the tribunal-- 11 (a) a decision under section 35; 12 (b) a cost-amount decision. 13 Note-- 14 See section 149 for appeals against cost-amount decisions. 15 (3) Also-- 16 (a) an appeal under subsection (1) against any of the 17 following decisions of the tribunal may be made only if 18 the party has obtained the appeal tribunal's leave to 19 appeal-- 20 (i) a decision in a proceeding for a minor civil dispute; 21 (ii) a decision that is not the tribunal's final decision in 22 a proceeding; 23 (iii) a costs order; and 24 (b) an appeal under subsection (1) on a question of fact, or a 25 question of mixed law and fact, may be made only if the 26 party has obtained the appeal tribunal's leave to appeal. 27 Page 97

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 143] Note-- 1 An enabling Act that is an Act may confer appeal jurisdiction on the 2 tribunal for decisions of other entities. See, for example, the Body 3 Corporate and Community Management Act 1997. 4 143 Appealing or applying for leave to appeal 5 (1) This section applies to-- 6 (a) an application for the appeal tribunal's leave to appeal to 7 the appeal tribunal against a decision of the tribunal or a 8 decision of another entity under an enabling Act; or 9 (b) an appeal to the appeal tribunal against-- 10 (i) a decision of the tribunal; or 11 (ii) a decision of another entity under an enabling Act. 12 (2) The application or appeal must-- 13 (a) be in a form substantially complying with the rules; and 14 (b) state the reasons for the application or appeal; and 15 (c) be accompanied by the prescribed fee (if any). 16 (3) An application for the appeal tribunal's leave to appeal must 17 be filed in the registry within 28 days after the relevant day. 18 (4) An appeal must be filed in the registry within-- 19 (a) if the appeal tribunal's leave is required for the 20 appeal--21 days after the leave is given; or 21 (b) otherwise--28 days after the relevant day. 22 Notes-- 23 1 Under section 6(7), an enabling Act that is an Act may provide for a 24 different period for applying for the appeal tribunal's leave to 25 appeal or for making an appeal. 26 2 Under section 61, the tribunal may extend the period within which a 27 person may apply for the appeal tribunal's leave to appeal or make 28 an appeal. 29 (5) In this section-- 30 Page 98

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 144] relevant day, for an application or appeal, means-- 1 (a) the day the person is given written reasons for the 2 decision being appealed against; or 3 (b) if a person makes an application under part 7, division 5, 4 6 or 7 about the decision being appealed against within 5 28 days after the person is given written reasons for the 6 decision--the day that application is finally dealt with 7 under that division. 8 144 Transfer to Court of Appeal 9 (1) This section applies if the president considers that-- 10 (a) an appeal made to the appeal tribunal under this division 11 could be more effectively or conveniently dealt with by 12 the Court of Appeal; and 13 (b) it would be appropriate for the appeal to be transferred 14 to the Court of Appeal. 15 (2) The president may transfer the appeal to the Court of Appeal 16 with the court's leave. 17 (3) If the president transfers the appeal to the Court of Appeal 18 under subsection (2)-- 19 (a) the appeal is taken to have been started before the Court 20 of Appeal when it was started before the tribunal; and 21 (b) the president may make the orders or give the directions 22 the president considers appropriate to facilitate the 23 transfer, including an order that a party is taken to have 24 complied with the requirements under an Act or other 25 law for starting an appeal before the Court of Appeal. 26 (4) An order under subsection (3)(b)-- 27 (a) is taken to be an order of the tribunal; and 28 (b) has effect despite any other Act or law. 29 Page 99

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 145] 145 Effect of appeal on decision 1 (1) The start of an appeal under this division against a decision 2 does not affect the operation of the decision or prevent the 3 taking of action to implement the decision. 4 (2) However, the tribunal may make an order staying the 5 operation of the decision being appealed against until the 6 appeal is finally decided. 7 (3) The tribunal may act under subsection (2) on the application 8 of the appellant or on its own initiative. 9 (4) The tribunal's power to act under subsection (2) is exercisable 10 only by-- 11 (a) the tribunal constituted for the appeal; or 12 (b) if the tribunal has not been constituted for the appeal--a 13 judicial member. 14 146 Deciding appeal on question of law only 15 In deciding an appeal against a decision on a question of law 16 only, the appeal tribunal may-- 17 (a) confirm or amend the decision; or 18 (b) set aside the decision and substitute its own decision; or 19 (c) set aside the decision and return the matter to the 20 tribunal or other entity who made the decision for 21 reconsideration-- 22 (i) with or without the hearing of additional evidence 23 as directed by the appeal tribunal; and 24 (ii) with the other directions the appeal tribunal 25 considers appropriate; or 26 (d) make any other order it considers appropriate, whether 27 or not in combination with an order made under 28 paragraph (a), (b) or (c). 29 Page 100

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 147] 147 Deciding appeal on question of fact or mixed law and fact 1 (1) This section applies to an appeal before the appeal tribunal 2 against a decision on a question of fact only or a question of 3 mixed law and fact. 4 (2) The appeal must be decided by way of rehearing, with or 5 without the hearing of additional evidence as decided by the 6 appeal tribunal. 7 (3) In deciding the appeal, the appeal tribunal may-- 8 (a) confirm or amend the decision; or 9 (b) set aside the decision and substitute its own decision. 10 148 Giving final decision in an appeal 11 The appeal tribunal must give its final decision in an appeal, 12 and the reasons for the decision, in writing, to-- 13 (a) each party to the appeal; and 14 (b) each other person to whom notice of the decision is 15 required to be given under an enabling Act or the rules; 16 and 17 (c) any other person the appeal tribunal reasonably 18 considers should be given notice of the decision. 19 Division 2 Appeals to Court of Appeal 20 149 Party may appeal--decisions of tribunal 21 (1) A party to a proceeding (other than an appeal under division 22 1) may appeal to the Court of Appeal against a cost-amount 23 decision of the tribunal in the proceeding, whether or not a 24 judicial member constituted the tribunal in the proceeding. 25 (2) A party to a proceeding (other than an appeal under division 26 1) may appeal to the Court of Appeal against another decision 27 Page 101

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 150] of the tribunal in the proceeding if a judicial member 1 constituted the tribunal in the proceeding. 2 (3) However-- 3 (a) an appeal under subsection (1) may be made only on a 4 question of law and only if the party has obtained the 5 court's leave to appeal; and 6 (b) an appeal under subsection (2) on a question of fact, or a 7 question of mixed law and fact, may be made only if the 8 party has obtained the court's leave to appeal. 9 (4) Also, a party to a proceeding can not appeal to the Court of 10 Appeal against a decision of the tribunal under section 35. 11 Note-- 12 An enabling Act may provide for appeals to the Court of Appeal against 13 decisions of the tribunal in different circumstances. See, for example, 14 the Legal Profession Act 2007, section 468. 15 150 Party may appeal--decisions of appeal tribunal 16 (1) A person may appeal to the Court of Appeal against a decision 17 of the appeal tribunal to refuse an application for leave to 18 appeal to the appeal tribunal. 19 (2) A party to an appeal under division 1 may appeal to the Court 20 of Appeal against the following decisions of the appeal 21 tribunal in the appeal-- 22 (a) a cost-amount decision; 23 (b) the final decision. 24 (3) However, an appeal under subsection (1) or (2) may be 25 made-- 26 (a) only on a question of law; and 27 (b) only if the party has obtained the court's leave to appeal. 28 151 Appealing or applying for leave to appeal 29 (1) This section applies to-- 30 Page 102

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 152] (a) an application for the Court of Appeal's leave to appeal 1 to the court against a decision of the tribunal, made 2 under this Act or an enabling Act; or 3 (b) an appeal to the Court of Appeal against a decision of 4 the tribunal, under this Act or an enabling Act. 5 (2) The application or appeal must be made-- 6 (a) under the Uniform Civil Procedure Rules 1999; and 7 (b) within 28 days after the relevant day unless the Court of 8 Appeal orders otherwise. 9 (3) In this section-- 10 relevant day, for an application or appeal by a person, 11 means-- 12 (a) the day the person is given written reasons for the 13 decision being appealed against; or 14 (b) if a person makes an application under part 7, division 5, 15 6 or 7 about the decision being appealed against within 16 28 days after the person is given written reasons for the 17 decision--the day that application is finally dealt with 18 under that division. 19 152 Effect of appeal on decision 20 (1) The start of an appeal, under this division or an enabling Act, 21 against a decision of the tribunal does not affect the operation 22 of the decision or prevent the taking of action to implement 23 the decision. 24 (2) However, the Court of Appeal, or the tribunal as constituted 25 when the decision was made, may make an order staying the 26 operation of the decision until the appeal is finally decided. 27 (3) An order made by the Court of Appeal may be subject to the 28 conditions the court considers appropriate. 29 Note-- 30 Under section 114, an order made by the tribunal under this section may 31 also be subject to conditions. 32 Page 103

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 153] (4) The Court of Appeal or the tribunal may make an order under 1 subsection (2) on the application of the appellant or on its own 2 initiative. 3 (5) If the tribunal makes an order under subsection (2), the Court 4 of Appeal may amend or revoke the order as if the order had 5 been made by the Court of Appeal. 6 153 Deciding appeal on question of law only 7 (1) This section applies to an appeal before the Court of Appeal 8 against a decision of the tribunal on a question of law only. 9 (2) In deciding the appeal, the Court of Appeal may-- 10 (a) confirm or amend the decision; or 11 (b) set aside the decision and substitute its own decision; or 12 (c) set aside the decision and return the matter to the 13 tribunal for reconsideration-- 14 (i) with or without the hearing of additional evidence 15 as directed by the court; and 16 (ii) with the other directions the court considers 17 appropriate; or 18 (d) make any other order it considers appropriate, whether 19 or not in combination with an order made under 20 paragraph (a), (b) or (c). 21 (3) If the Court of Appeal returns the matter to the tribunal for 22 reconsideration, the court must give directions about whether 23 or not the tribunal reconsidering the matter must be 24 constituted by the same persons who constituted the tribunal 25 when the decision was made. 26 154 Deciding appeal on question of fact or mixed law and fact 27 (1) This section applies to an appeal before the Court of Appeal 28 against a decision of the tribunal on a question of fact only or 29 a question of mixed law and fact. 30 Page 104

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 2 Jurisdiction and procedure Part 8 Appeals etc. [s 155] (2) The appeal must be decided by way of rehearing, with or 1 without the hearing of additional evidence as decided by the 2 Court of Appeal. 3 (3) In deciding the appeal, the Court of Appeal may-- 4 (a) confirm or amend the decision; or 5 (b) set aside the decision and substitute its own decision. 6 Division 3 Miscellaneous 7 155 Particular documents to be given to Court of Appeal 8 (1) This section applies if-- 9 (a) a question of law is referred to the Court of Appeal 10 under section 118; or 11 (b) an appeal is transferred to the Court of Appeal under 12 section 144; or 13 (c) a party to a proceeding appeals to the Court of Appeal 14 under division 2, or an enabling Act, against a decision 15 of the tribunal. 16 (2) The principal registrar must give the Court of Appeal-- 17 (a) all documents and other things that were before the 18 tribunal in connection with the proceeding to which the 19 referral or appeal relates; and 20 (b) all other documents or things in the tribunal's possession 21 that the tribunal is required by Uniform Civil Procedure 22 Rules 1999 to give to the court. 23 (3) The Court of Appeal must return the documents and other 24 things to the tribunal when the proceeding before the court 25 ends. 26 Page 105

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 3 Reasons to be given for reviewable decisions Part 8 Appeals etc. [s 156] 156 Application of Judicial Review Act 1991 1 The Judicial Review Act 1991, parts 3 to 5 do not apply to a 2 decision or to the conduct of the tribunal in a proceeding other 3 than to the extent the decision or conduct is affected by 4 jurisdictional error. 5 Note-- 6 The Judicial Review Act 1991, part 3 deals with statutory orders of 7 review, part 4 deals with reasons for decisions and part 5 deals with 8 prerogative orders and injunctions. 9 Chapter 3 Reasons to be given for 10 reviewable decisions 11 157 Information notice to be given 12 (1) The decision-maker for a reviewable decision must give 13 written notice of the decision to each person who may apply 14 to the tribunal for a review of the decision. 15 (2) The notice must state the following-- 16 (a) the decision; 17 (b) the reasons for the decision; 18 Note-- 19 See the Acts Interpretation Act 1954, section 27B (Content of 20 statement of reasons for decision). 21 (c) the person has a right to have the decision reviewed by 22 the tribunal; 23 (d) how, and the period within which, the person may apply 24 for the review; 25 (e) any right the person has to have the operation of the 26 decision stayed under section 22. 27 Page 106

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 3 Reasons to be given for reviewable decisions Part 8 Appeals etc. [s 158] (3) It is sufficient compliance with this section for the 1 decision-maker to give the person, as required under the 2 enabling Act, a written notice stating the matters mentioned in 3 subsection (2)(a) to (e). 4 (4) A failure to comply with this section does not affect the 5 validity of the reviewable decision. 6 158 Obtaining statement of reasons 7 (1) This section applies if a person who may apply to the tribunal 8 for a review of a reviewable decision has not been given a 9 written statement of the reasons for the decision. 10 (2) The person may ask the decision-maker for the reviewable 11 decision to give the person a written statement of the reasons 12 for the decision. 13 (3) The request must be-- 14 (a) in writing, whether by letter, facsimile or email; and 15 (b) made within 14 days after the person-- 16 (i) was notified of the decision; or 17 (ii) is, under an enabling Act, taken to have been given 18 notice of the decision by publication of the 19 decision in the gazette, a newspaper or in another 20 way; or 21 (iii) if subparagraph (i) or (ii) does not apply--the day 22 the person became aware of the decision. 23 (4) The decision-maker must give the person the statement within 24 a reasonable period of not more than 28 days after the request 25 is made. 26 Note-- 27 See the Acts Interpretation Act 1954, section 27B (Content of statement 28 of reasons for decision). 29 (5) The person is entitled to receive a written statement of reasons 30 for the reviewable decision whether or not the provision of the 31 enabling Act under which the decision is made requires that 32 Page 107

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 3 Reasons to be given for reviewable decisions Part 8 Appeals etc. [s 159] the person be given a written statement of reasons for the 1 decision. 2 159 Tribunal order requiring statement of reasons be given 3 (1) This section applies if-- 4 (a) under section 158, a person has asked the 5 decision-maker for a reviewable decision for a written 6 statement of the reasons for the decision; and 7 (b) the decision-maker has not given the person the 8 statement. 9 (2) The person may apply to the tribunal for an order that the 10 decision-maker give the person the statement. 11 (3) If the person applies for an order under subsection (2), the 12 person must give written notice of the application to the 13 decision-maker. 14 (4) If the tribunal is satisfied the person is entitled to receive the 15 statement, the tribunal may make an order requiring the 16 decision-maker to give the person the statement within the 17 period of not more than 28 days stated in the order. 18 160 Further statement 19 (1) This section applies if, under this division, the decision-maker 20 for a reviewable decision gives a written statement of reasons 21 for the decision to a person. 22 (2) The person may apply to the tribunal for an order under this 23 section against the decision-maker. 24 (3) If the tribunal considers the statement does not contain 25 adequate particulars of the reasons for the decision, the 26 tribunal may make an order requiring the decision-maker to 27 give the person, within a stated period, an additional statement 28 containing further and better particulars about stated matters. 29 Page 108

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 1 Establishment of tribunal [s 161] Chapter 4 Establishment and 1 administration 2 Part 1 Establishment of tribunal 3 161 Queensland Civil and Administrative Tribunal 4 The Queensland Civil and Administrative Tribunal is 5 established. 6 162 Independence 7 In exercising its jurisdiction, the tribunal-- 8 (a) must act independently; and 9 (b) is not subject to direction or control by any entity, 10 including any Minister. 11 163 Operating throughout Queensland 12 (1) The tribunal may be constituted at any place in Queensland. 13 (2) More than 1 tribunal may sit at the same time. 14 (3) When more than 1 tribunal is sitting at the same time, each 15 tribunal may exercise the jurisdiction and powers of the 16 tribunal. 17 164 Tribunal is a court of record 18 (1) The tribunal is a court of record. 19 (2) The tribunal must have a seal. 20 Page 109

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 2 Constitution of tribunal [s 165] (3) The seal must be kept under the direction of the principal 1 registrar. 2 Part 2 Constitution of tribunal 3 165 Constitution generally 4 (1) The president must choose 1, 2 or 3 members, or an 5 adjudicator, to constitute the tribunal for a particular matter. 6 (2) The person or persons chosen by the president under 7 subsection (1) constitute, and may exercise all the jurisdiction 8 and powers of, the tribunal in relation to the matter. 9 (3) For an appeal, or a proceeding relating to an application for 10 leave to appeal to the appeal tribunal, a reference in this Act to 11 the tribunal includes a reference to the appeal tribunal 12 constituted, or to be constituted, for the appeal or proceeding. 13 (4) Subsection (3) does not limit another reference in this Act to 14 the tribunal being taken to include a reference to the tribunal 15 as constituted by the appeal tribunal, if the context requires or 16 permits. 17 166 Constitution of appeal tribunal 18 (1) The tribunal is to be constituted for an appeal or an 19 application for leave to appeal, under chapter 2, part 8, 20 division 1, by 1, 2 or 3 judicial members. 21 (2) If the president considers it appropriate for a particular appeal 22 or application for leave to appeal, the president may choose 1, 23 2 or 3 suitably qualified members to constitute the tribunal for 24 the appeal or application, whether or not in combination with 25 a judicial member. 26 Page 110

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 2 Constitution of tribunal [s 167] 167 Choosing persons 1 (1) In choosing the persons who are to constitute the tribunal for a 2 particular matter, or the number of persons who are to 3 constitute the tribunal, the president must consider the 4 following-- 5 (a) the nature, importance and complexity of the matter; 6 (b) the need for the tribunal hearing the matter to have 7 special knowledge, expertise or experience relating to 8 the matter; 9 (c) any provision of this Act, an enabling Act or the rules 10 that may be relevant; 11 (d) any other matter the president considers relevant. 12 Notes-- 13 1 See sections 171(8) and 192(6) for arrangements providing for 14 limitations on magistrates who are ordinary members, and 15 supplementary members, performing their functions as members. 16 2 Under section 195, an adjudicator can hear and decide only 17 particular matters. 18 (2) However, the president must not choose a person to constitute 19 the tribunal for a review of a reviewable decision if the 20 person-- 21 (a) is an employee or officer of the entity in which the 22 reviewable decision was made; or 23 (b) was, when the reviewable decision was made, an 24 employee or officer of the entity in which the reviewable 25 decision was made. 26 (3) Also, the president must not choose a person to constitute the 27 tribunal for an appeal against a decision of the tribunal if the 28 person constituted the tribunal that made the decision 29 appealed against. 30 (4) Further, if an enabling Act that is an Act provides that the 31 tribunal is to be constituted for a particular matter in a 32 particular way, the president must ensure the tribunal is 33 constituted in that way. 34 Page 111

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 2 Constitution of tribunal [s 168] 168 Reconstitution 1 (1) The president may change who is to constitute the tribunal for 2 a matter, including a change from 1, 2 or 3 members to an 3 adjudicator and a change from an adjudicator to 1, 2 or 3 4 members. 5 Examples of circumstances when the president may change who is to 6 constitute the tribunal-- 7 · a member constituting the tribunal becomes unavailable 8 · a member constituting the tribunal has or acquires an interest, 9 financial or otherwise, that may conflict with the proper 10 performance of the member's functions 11 · one of the parties to the proceeding objects to a member 12 constituting the tribunal 13 · an adjudicator refers a matter to the president under section 197 14 (2) The tribunal as reconstituted must continue to hear the matter 15 and decide it and, for that purpose, may have regard to the 16 decisions and any records of proceedings of the tribunal as 17 previously constituted, including any record of evidence. 18 169 Disclosure of interests 19 (1) This section applies if a member, or an adjudicator, who 20 constitutes the tribunal, is to constitute the tribunal or is to 21 carry out another function for a matter has or acquires an 22 interest, financial or otherwise, that may conflict with the 23 proper performance of the person's functions in relation to the 24 matter. 25 (2) The member or adjudicator-- 26 (a) must not take part in a proceeding for the matter or 27 exercise powers for it, unless all parties to the 28 proceeding agree otherwise; and 29 (b) for a member, other than the president, or an 30 adjudicator--must disclose the nature of the interest to 31 the president. 32 Page 112

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 170] (3) In this section-- 1 proceeding includes a compulsory conference. 2 170 Presiding member 3 (1) If the tribunal is constituted by a single member, that member 4 is the presiding member. 5 (2) If the tribunal is constituted by 2 or 3 members, the presiding 6 member is the member nominated by the president. 7 (3) For a matter for which the tribunal is constituted by an 8 adjudicator, a reference in this Act to the presiding member is 9 taken to be a reference to the adjudicator. 10 Part 3 Members of tribunal 11 Division 1 General 12 171 The members 13 (1) The members of the tribunal are-- 14 (a) the president; and 15 (b) the deputy president; and 16 (c) the senior members; and 17 (d) the ordinary members; and 18 (e) the supplementary members. 19 (2) Every magistrate, while the magistrate holds the office of 20 magistrate, is an ordinary member of the tribunal for minor 21 civil disputes. 22 (3) The other members of the tribunal, other than supplementary 23 members, are to be appointed by the Governor in Council. 24 Page 113

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 172] (4) Supplementary members are to be appointed by the Minister. 1 (5) The members of the tribunal are appointed under this Act and 2 not under the Public Service Act 2008. 3 (6) An appointment of a member of the tribunal under subsection 4 (3) or (4) must be made in writing. 5 (7) Divisions 3 and 4 do not apply to a magistrate who is an 6 ordinary member under subsection (2). 7 (8) However, section 192(4)(c), (5)(b) and (c), (6) and (9) to (11) 8 apply to a magistrate who is an ordinary member under 9 subsection (2) as if a reference in the section to a magistrate 10 appointed as a supplementary member included a reference to 11 a magistrate who is an ordinary member under subsection (2). 12 Division 2 The president and deputy president 13 172 President's functions generally 14 (1) The president has the functions conferred on the president 15 under this Act or an enabling Act that is an Act. 16 (2) The functions of the president include-- 17 (a) managing the business of the tribunal to ensure it 18 operates efficiently; and 19 (b) giving directions about the practices and procedures to 20 be followed by the tribunal; and 21 (c) managing the members of the tribunal and adjudicators 22 including-- 23 (i) developing a code of conduct for members and 24 adjudicators; and 25 (ii) ensuring the members and adjudicators are 26 adequately and appropriately trained to enable the 27 tribunal to perform its functions effectively and 28 efficiently; and 29 Page 114

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 173] (iii) undertaking performance management for 1 members and adjudicators; and 2 (iv) deciding selection criteria for appointment of 3 members and adjudicators, and overseeing the 4 selection process; and 5 (d) adjudicating in the tribunal; and 6 (e) advising the Minister about the appointment of 7 members of the tribunal and adjudicators, and the 8 suspension and removal of the members and 9 adjudicators from office; and 10 (f) developing a positive cohesive culture throughout the 11 tribunal's organisation. 12 (3) It is also a function of the president to advise the Minister 13 about-- 14 (a) how the tribunal could improve the carrying out of its 15 functions to ensure the way it deals with matters is fair, 16 just, economical, informal and quick; and 17 (b) how this Act or an enabling Act could be made more 18 effective. 19 (4) The president may do all things necessary or convenient to be 20 done for the performance of the president's functions. 21 (5) In performing the president's functions, the president is not 22 subject to direction or control by the Minister. 23 173 Directions for president's function about training 24 (1) The president may direct all members or adjudicators, a class 25 of members or adjudicators, or a particular member or 26 adjudicator, to participate in-- 27 (a) particular professional development; or 28 (b) particular continuing education or training activity. 29 (2) The direction must be in writing. 30 Page 115

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 174] (3) A person to whom a direction is given under subsection (1) 1 must comply with the direction unless the person has a 2 reasonable excuse. 3 Notes-- 4 1 Under section 188, a senior or ordinary member may be removed 5 from office if the member contravenes this subsection. 6 2 Under section 203, an adjudicator may be removed from office if 7 the adjudicator contravenes this subsection. 8 174 Deputy president's functions 9 (1) The deputy president has the functions conferred on the 10 deputy president under this Act or an enabling Act that is an 11 Act. 12 (2) The functions of the deputy president include the following-- 13 (a) assisting the president in managing the business of the 14 tribunal to ensure it operates efficiently; 15 (b) assisting the president in managing the members of the 16 tribunal and adjudicators, including the training of 17 members and overseeing their activities; 18 (c) adjudicating in the tribunal. 19 (3) The deputy president is subject to the direction of the 20 president in performing the deputy president's functions, 21 other than adjudicating in the tribunal. 22 (4) The deputy president may do all things necessary or 23 convenient to be done for the performance of the deputy 24 president's functions. 25 175 Appointment of the president 26 (1) The president must be a Supreme Court judge who is 27 recommended for appointment by the Minister after 28 consultation with the Chief Justice. 29 Page 116

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 176] (2) Subject to this Act, the president holds office for the period, of 1 at least 3 years but not more than 5 years, stated in the 2 president's instrument of appointment. 3 (3) A person appointed as president may be appointed as 4 president for a further period if-- 5 (a) the term of the appointment is at least 3 years, but not 6 more than 5 years, and does not immediately follow the 7 person's previous appointment as president; or 8 (b) the appointment is continuous on 1 or more of the 9 person's previous appointments as president and the 10 total period of the continuous appointments is not more 11 than 5 years. 12 (4) The appointment of a Supreme Court judge as president does 13 not affect any of the following-- 14 (a) the judge's tenure of office or status as a judge; 15 (b) the payment of the judge's salary or allowances as a 16 judge; 17 (c) any other right or privilege the judge has as a judge. 18 (5) Service in the office of president is taken, for all purposes, to 19 be service as a Supreme Court judge. 20 (6) Nothing in this Act prevents a person who holds office as the 21 president from doing anything in the person's capacity as a 22 Supreme Court judge. 23 176 Appointment of the deputy president 24 (1) The deputy president must be a District Court judge who is 25 recommended for appointment by the Minister after 26 consultation with the Chief Judge. 27 (2) Subject to this Act, the deputy president holds office for the 28 period, of at least 3 years but not more than 5 years, stated in 29 the deputy president's instrument of appointment. 30 (3) A person appointed as deputy president may be appointed as 31 deputy president for a further period if-- 32 Page 117

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 177] (a) the term of the appointment is at least 3 years, but not 1 more than 5 years, and does not immediately follow the 2 person's previous appointment as deputy president; or 3 (b) the appointment is continuous on 1 or more of the 4 person's previous appointments as deputy president and 5 the total period of the continuous appointments is not 6 more than 5 years. 7 (4) The appointment of a District Court judge as deputy president 8 does not affect any of the following-- 9 (a) the judge's tenure of office or status as a judge; 10 (b) the payment of the judge's salary or allowances as a 11 judge; 12 (c) any other right or privilege the judge has as a judge. 13 (5) Service in the office of deputy president is taken, for all 14 purposes, to be service as a District Court judge. 15 (6) Nothing in this Act prevents a person who holds office as 16 deputy president from doing anything in the person's capacity 17 as a District Court judge. 18 177 Conditions of appointment 19 The president or deputy president holds office on the 20 following conditions-- 21 (a) the conditions stated in this division; 22 (b) the conditions decided by the Governor in Council and 23 stated in the president's or deputy president's instrument 24 of appointment, to the extent the conditions are not 25 inconsistent with this division. 26 178 Vacancy of office 27 The office of the president or deputy president becomes 28 vacant if-- 29 (a) the member ceases to be-- 30 Page 118

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 179] (i) for the president--a Supreme Court judge; or 1 (ii) for the deputy president--a District Court judge; or 2 (b) the member resigns under section 179. 3 179 Resignation 4 (1) The president or deputy president may resign the president's 5 or deputy president's office by giving the Minister a signed 6 letter of resignation addressed to the Governor. 7 (2) A resignation does not have effect unless it is accepted by the 8 Governor. 9 (3) The resignation takes effect when the Governor accepts the 10 resignation or, if a later day is stated in the letter of 11 resignation, the later day stated in the letter. 12 180 Acting president 13 (1) If there is a vacancy in the office of president or the president 14 is absent or for any other reason is unable to perform the 15 functions of the office, the Minister may appoint a person to 16 act as president for a period of not more than 6 months. 17 (2) An appointment under this section must be made in writing. 18 (3) The Minister may appoint only the deputy president or a 19 Supreme Court judge to act as president. 20 (4) However, despite section 181(5)(b), the Minister can not 21 appoint a senior member acting as the deputy president to act 22 as president. 23 (5) The Minister must consult the Chief Justice before appointing 24 a Supreme Court judge to act as president. 25 (6) A person appointed to act as president-- 26 (a) has all the functions of the president; and 27 (b) is taken to be the president for all purposes relating to 28 this Act or an enabling Act. 29 Page 119

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 181] (7) Without limiting subsection (6)-- 1 (a) section 175(4) to (6) applies to a Supreme Court judge 2 acting as president as if the judge were the president; 3 and 4 (b) sections 178 and 179 apply to a person acting as 5 president as if the person were the president. 6 (8) If the deputy president is appointed to act as president, for the 7 period of the acting the deputy president is entitled to be paid 8 the remuneration and allowances payable to a Supreme Court 9 judge. 10 (9) A person appointed to act as president may be appointed to act 11 as president for a further period-- 12 (a) by the Minister, if the appointment is continuous on 1 or 13 more of the person's previous appointments as acting 14 president and the total period of continuous 15 appointments is not more than 6 months; or 16 (b) by the Governor in Council in other circumstances. 17 (10) The Governor in Council may at any time cancel the 18 appointment of a person to act as president. 19 181 Acting deputy president 20 (1) If there is a vacancy in the office of deputy president or the 21 deputy president is absent or for any other reason is unable to 22 perform the functions of the office, the Minister may appoint a 23 person to act as deputy president for a period of not more than 24 6 months. 25 (2) An appointment under this section must be made in writing. 26 (3) The Minister may appoint only a District Court judge, or a 27 senior member who is an Australian lawyer of at least 8 years 28 standing, to act as deputy president. 29 (4) The Minister must consult the Chief Judge before appointing 30 a District Court judge to act as deputy president. 31 (5) A person appointed to act as deputy president-- 32 Page 120

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 182] (a) has all the functions of the deputy president; and 1 (b) is taken to be the deputy president for all purposes 2 relating to this Act or an enabling Act. 3 (6) Without limiting subsection (5)-- 4 (a) section 176(4) to (6) applies to a District Court judge 5 acting as deputy president as if the judge were the 6 deputy president; and 7 (b) sections 178 and 179 apply to a person acting as deputy 8 president as if the person were the deputy president. 9 (7) If a senior member is appointed to act as deputy president, for 10 the period of the acting the senior member is entitled to be 11 paid the salary, but not the allowances, payable to a District 12 Court judge under the Judicial Remuneration Act 2007. 13 (8) A person appointed to act as deputy president may be 14 appointed to act as deputy president for a further period-- 15 (a) by the Minister, if the appointment is continuous on 1 or 16 more of the person's previous appointments as acting 17 deputy president and the total period of the continuous 18 appointments is not more than 6 months; or 19 (b) by the Governor in Council in other circumstances. 20 (9) The Governor in Council may at any time cancel the 21 appointment of a person to act as deputy president. 22 182 Delegation 23 (1) The president may delegate a function of the president under 24 this Act or an enabling Act to a member, adjudicator or the 25 principal registrar. 26 (2) The deputy president may delegate a function of the deputy 27 president under this Act or an enabling Act to a member, 28 adjudicator or the principal registrar. 29 (3) Subsection (1) or (2) does not apply to the president's or 30 deputy president's function of adjudicating in the tribunal. 31 Page 121

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 183] (4) Also, the president or deputy president may delegate a 1 function under subsection (1) or (2) only to a person the 2 president or deputy president is satisfied is appropriately 3 qualified to perform the function. 4 (5) In this section-- 5 appropriately qualified, for a function, includes having the 6 qualifications, experience or standing appropriate to perform 7 the function. 8 Division 3 Senior members and ordinary 9 members 10 183 Appointment of senior members and ordinary members 11 (1) As many senior members and ordinary members as are 12 required for the proper functioning of the tribunal must be 13 appointed. 14 (2) A senior member or ordinary member must be recommended 15 for appointment by the Minister after consultation with the 16 president. 17 (3) Subject to subsection (8), for selecting a person for 18 recommendation for appointment as a senior member or 19 ordinary member, the Minister must advertise for applications 20 from appropriately qualified persons to be considered for 21 selection. 22 (4) A person is eligible for appointment as a senior member only 23 if the person-- 24 (a) is an Australian lawyer of at least 8 years standing; or 25 (b) has, in the Minister's opinion, extensive knowledge, 26 expertise or experience relating to a class of matter for 27 which functions may be exercised by the tribunal. 28 (5) A person is eligible for appointment as an ordinary member 29 only if the person-- 30 Page 122

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 184] (a) is an Australian lawyer of at least 6 years standing; or 1 (b) has, in the Minister's opinion, special knowledge, 2 expertise or experience relating to a class of matter for 3 which functions may be exercised by the tribunal. 4 (6) In recommending persons for appointment as members, the 5 Minister must have regard to the following-- 6 (a) the need for balanced gender representation in the 7 membership of the tribunal; 8 (b) the need for membership of the tribunal to include 9 Aboriginal people and Torres Strait Islanders; 10 (c) the need for the membership of the tribunal to reflect the 11 social and cultural diversity of the general community; 12 (d) the range of knowledge, expertise and experience of 13 members of the tribunal. 14 (7) A senior member or ordinary member holds office for the 15 period, of at least 3 years but not more than 5 years, stated in 16 the member's instrument of appointment. 17 (8) A person appointed as a senior member or ordinary member 18 may be reappointed, whether or not the vacancy in the 19 member's office has been advertised. 20 (9) A senior member or ordinary member may be appointed on a 21 full-time or part-time basis or on a sessional basis. 22 184 Criminal history checks 23 (1) This section applies in relation to the following persons-- 24 (a) a senior member or ordinary member; 25 (b) a person who is being considered for appointment as a 26 senior member or ordinary member (a prospective 27 member). 28 (2) The Minister may ask the commissioner of the police service 29 for-- 30 (a) a written report about the person's criminal history; and 31 Page 123

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 185] (b) a brief description of the circumstances of a conviction 1 or charge mentioned in the person's criminal history. 2 (3) However, if the request relates to a prospective member, the 3 Minister may make the request only if the person has given 4 the Minister written consent for the request. 5 (4) The commissioner of the police service must comply with the 6 request. 7 (5) However, subsection (4) applies only to information in the 8 commissioner's possession or to which the commissioner has 9 access. 10 (6) Before using information obtained under subsection (2) to 11 decide whether a person should continue to be a senior 12 member or ordinary member or be nominated for appointment 13 as a senior member or ordinary member, the Minister must-- 14 (a) disclose the information to the person; and 15 (b) allow the person a reasonable opportunity to make 16 representations to the Minister about the information. 17 (7) The Minister must ensure a report given under this section is 18 destroyed as soon as practicable after it is no longer needed 19 for the purpose for which it was requested. 20 185 Disclosure of changes in criminal history 21 (1) If there is a change in the criminal history of a senior member 22 or ordinary member, the member must, unless the member has 23 a reasonable excuse, immediately disclose the change to the 24 Minister. 25 Maximum penalty--100 penalty units. 26 (2) For a senior member or ordinary member who does not have a 27 criminal history, there is taken to be a change in the member's 28 criminal history if the member acquires a criminal history. 29 (3) To comply with subsection (1), the information disclosed by 30 the senior member or ordinary member about a conviction for 31 Page 124

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 186] an offence in the member's criminal history must include the 1 following-- 2 (a) the existence of the conviction; 3 (b) when the offence was committed; 4 (c) details adequate to identify the offence; 5 (d) whether or not a conviction was recorded; 6 (e) the sentence imposed on the member. 7 186 Conditions of appointment 8 (1) A senior member or ordinary member holds office on the 9 following conditions-- 10 (a) the conditions stated in this division; 11 (b) the conditions decided by the Governor in Council and 12 stated in the member's instrument of appointment, to the 13 extent the conditions are not inconsistent with this 14 division. 15 (2) A senior member or ordinary member is entitled to be paid the 16 remuneration and allowances decided by the Governor in 17 Council and stated in the member's instrument of 18 appointment. 19 (3) However, it is a condition of appointment of a senior member 20 or ordinary member that if the member is removed from office 21 under section 188, the member is not entitled to any 22 remuneration or allowances from the date of the removal. 23 (4) It is also a condition of appointment of a senior member or 24 ordinary member who is appointed on a full-time basis that 25 the member must not, without the president's consent, engage 26 in the practice of any profession or in any paid employment 27 (whether within or outside Queensland) outside the duties of 28 the member's office. 29 Page 125

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 187] 187 Resignation 1 (1) A senior member or ordinary member may resign the 2 member's office by giving the Minister a signed letter of 3 resignation addressed to the Governor. 4 (2) A resignation does not have effect unless it is accepted by the 5 Governor. 6 (3) The resignation takes effect when the Governor accepts the 7 resignation or, if a later day is stated in the letter of 8 resignation, the later day stated in the letter. 9 188 Removal from office 10 (1) The Governor in Council may, on the Minister's 11 recommendation, remove a senior member or ordinary 12 member from the member's office if-- 13 (a) the member-- 14 (i) is mentally or physically incapable of satisfactorily 15 performing the member's functions; or 16 (ii) has performed the member's duties carelessly, 17 incompetently or inefficiently, including by 18 contravening a condition of the member's 19 appointment or section 173(3); or 20 (iii) has engaged in conduct that would warrant 21 dismissal from the public service if the member 22 were a public service officer; or 23 (b) the member has been convicted of an indictable offence, 24 whether dealt with on indictment or summarily; or 25 (c) the member becomes an insolvent under administration 26 as defined under the Corporations Act; or 27 (d) the member ceases to be eligible to be a senior member 28 or ordinary member. 29 (2) If the member has been suspended under section 189, the 30 Minister may make a recommendation under subsection (1) 31 Page 126

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 189] only if the member has been given an opportunity to make 1 oral and written submissions to-- 2 (a) the person conducting the investigation in relation to 3 which the member has been suspended; and 4 (b) either the president or deputy president. 5 (3) Also, the Minister must consult the president before making a 6 recommendation under subsection (1). 7 189 Suspension 8 (1) The president, with the Minister's approval, may suspend a 9 senior member or ordinary member from the member's office 10 if the president believes there may be grounds for the removal 11 of the member from the member's office. 12 (2) If a senior member or ordinary member who is appointed on a 13 full-time or part-time basis is suspended under subsection (1), 14 the member remains entitled to the member's usual 15 remuneration and allowances during the suspension. 16 190 Investigation of suspended member 17 (1) As soon as practicable after suspending a senior member or 18 ordinary member from the member's office under section 19 189(1), the president must appoint a person (the investigator) 20 to undertake an investigation into the conduct or 21 circumstances that led to the suspension. 22 (2) The investigator must-- 23 (a) investigate the conduct or circumstances leading to the 24 suspension; and 25 (b) report to the Minister on the investigation; and 26 (c) give a copy of the report to the member and the 27 president. 28 Page 127

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 191] (3) The investigator's report under subsection (2) may include a 1 recommendation that the member be removed from office on 2 a ground mentioned in section 188(1). 3 (4) The Minister may use a report given to the Minister under 4 subsection (2)(b) about a senior member or ordinary member 5 to decide whether or not to make a recommendation under 6 section 188 about the member. 7 (5) If the Minister decides not to make a recommendation under 8 section 188 about a senior member or ordinary member, the 9 Minister must notify the president and the member of the 10 decision as soon as practicable. 11 (6) If the president is notified under subsection (5) that the 12 Minister has decided not to make a recommendation under 13 section 188 about a senior member or ordinary member, the 14 president must immediately cancel the member's suspension. 15 191 Acting senior members and ordinary members 16 (1) If there is a vacancy in the office of a senior member or 17 ordinary member or the member is absent or for any other 18 reason is unable to perform the functions of the office, the 19 Minister may appoint a person to act as the member for a 20 period of not more than 6 months. 21 (2) The Minister may appoint only a person who is eligible to be 22 appointed to the office under-- 23 (a) for an office of a senior member--section 183(4); or 24 (b) for an office of an ordinary member--section 183(5). 25 (3) The Minister may appoint a person to act as a senior member 26 or ordinary member only after consultation with the president. 27 (4) A person appointed to act as a senior member or ordinary 28 member-- 29 (a) has all the functions of the member's office; and 30 (b) is taken to be a senior member or ordinary member for 31 all purposes relating to this Act or an enabling Act. 32 Page 128

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 192] (5) Without limiting subsection (4), section 187 applies to a 1 person acting as senior member or ordinary member as if the 2 person were a senior member or ordinary member. 3 (6) A person appointed to act as a senior member or ordinary 4 member may be appointed by the Minister to act as a senior 5 member or ordinary member for a further period if-- 6 (a) the term of the appointment does not immediately 7 follow the person's previous appointment as acting 8 senior member or ordinary member; or 9 (b) the appointment is continuous on 1 or more of the 10 person's previous appointments as acting senior member 11 or ordinary member and the total period of the 12 continuous appointments is not more than 6 months. 13 (7) The Minister may at any time cancel the appointment of a 14 person to act as a senior member or ordinary member. 15 Division 4 Supplementary members 16 192 Appointment of supplementary members 17 (1) If the president considers it necessary for the functioning of 18 the tribunal, the president may request the Minister to appoint 19 a person to be a supplementary member for a stated period. 20 (2) Only a Supreme court judge, District Court judge or 21 magistrate can be appointed as a supplementary member. 22 (3) Before appointing a person as a supplementary member, the 23 Minister must consult-- 24 (a) for appointing a Supreme Court judge--the Chief 25 Justice; or 26 (b) for appointing a District Court judge--the Chief Judge; 27 or 28 (c) for appointing a magistrate--the Chief Magistrate. 29 (4) The president may enter into an arrangement-- 30 Page 129

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 192] (a) with the Chief Justice about using Supreme Court 1 judges appointed as supplementary members to perform 2 their functions under this Act; or 3 (b) with the Chief Judge about using District Court judges 4 appointed as supplementary members to perform their 5 functions under this Act; or 6 (c) with the Chief Magistrate about using magistrates 7 appointed as supplementary members to perform their 8 functions under this Act. 9 (5) An arrangement under subsection (4) may provide for the 10 following for a judge or magistrate the subject of the 11 arrangement-- 12 (a) the matters the judge or magistrate may hear and decide; 13 (b) the time the judge or magistrate may allocate to 14 performing functions as a supplementary member; 15 (c) the places at which the judge or magistrate may 16 constitute the tribunal. 17 (6) If an arrangement under subsection (4) applies to a Supreme 18 Court judge, District Court judge or magistrate, the judge or 19 magistrate may perform a function as a supplementary 20 member only as authorised, and in the way provided, under 21 the arrangement. 22 (7) Section 175(4) to (6) applies to a Supreme Court judge 23 appointed as a supplementary member as if the judge were the 24 president. 25 (8) Section 176(4) to (6) applies to a District Court judge 26 appointed as a supplementary member as if the judge were the 27 deputy president. 28 (9) The appointment of a magistrate as a supplementary member 29 does not affect any of the following-- 30 (a) the magistrate's tenure of office or status as a 31 magistrate; 32 Page 130

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 3 Members of tribunal [s 193] (b) the payment of the magistrate's salary or allowances as a 1 magistrate; 2 (c) any other right or privilege the magistrate has as a 3 magistrate. 4 (10) Service by a magistrate in the office of supplementary 5 member is taken, for all purposes, to be service as a 6 magistrate. 7 (11) Nothing in this Act prevents a person who holds office as a 8 supplementary member from doing anything in the person's 9 capacity as a magistrate. 10 193 Vacancy of office 11 The office of a supplementary member becomes vacant if-- 12 (a) the member ceases to be-- 13 (i) for a supplementary member who is a Supreme 14 Court judge--a Supreme Court judge; or 15 (ii) for a supplementary member who is a District 16 Court judge--a District Court judge; or 17 (iii) for a supplementary member who is a 18 magistrate--a magistrate; or 19 (b) the supplementary member resigns under section 194. 20 194 Resignation 21 (1) A supplementary member may resign the member's office by 22 giving the Minister a signed letter of resignation. 23 (2) A resignation does not have effect unless it is accepted by the 24 Minister. 25 (3) The resignation takes effect when the Minister accepts the 26 resignation or, if a later day is stated in the letter of 27 resignation, the later day stated in the letter. 28 Page 131

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 195] Part 4 Adjudicators 1 195 Functions generally 2 An adjudicator may hear and decide any of the following 3 matters if chosen by the president to constitute the tribunal for 4 the matter-- 5 (a) a minor civil dispute; 6 (b) a non-contentious matter stated in the rules as a matter 7 an adjudicator may hear and decide; 8 (c) a matter stated in this Act, or an enabling Act that is an 9 Act, as a matter an adjudicator may hear and decide; 10 (d) another matter the president considers can be 11 appropriately heard and decided by an adjudicator 12 having regard to-- 13 (i) the nature, importance and complexity of the 14 matter; and 15 (ii) any special circumstances relating to the matter. 16 196 Independence 17 (1) An adjudicator when constituting the tribunal is not subject to 18 direction or control, other than as provided under this Act. 19 (2) However, an adjudicator must comply with the procedural 20 directions given by the president. 21 Note-- 22 Under section 203, an adjudicator may be removed from office if the 23 adjudicator contravenes this subsection. 24 197 Referring matters to president 25 (1) This section applies if-- 26 (a) a matter is before an adjudicator constituting the 27 tribunal; and 28 Page 132

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 198] (b) the adjudicator considers it would be more appropriate 1 for the matter to be decided by the tribunal as 2 constituted by 1, 2 or 3 members. 3 (2) The adjudicator must refer the matter to the president. 4 198 Appointment of adjudicators 5 (1) As many adjudicators as are required for the proper 6 functioning of the tribunal must be appointed. 7 (2) An adjudicator must be appointed by the Governor in Council 8 on recommendation from the Minister after consultation with 9 the president. 10 (3) An adjudicator is appointed under this Act and not under the 11 Public Service Act 2008. 12 (4) An appointment of an adjudicator must be made in writing. 13 (5) Subject to subsection (8), for selecting a person for 14 recommendation for appointment as an adjudicator, the 15 Minister must advertise for applications from appropriately 16 qualified persons to be considered for selection. 17 (6) A person is eligible for appointment as an adjudicator only if 18 the person is an Australian lawyer of at least 5 years standing. 19 (7) An adjudicator holds office for the period, of at least 3 but not 20 more than 5 years, stated in the adjudicator's instrument of 21 appointment. 22 (8) A person appointed as an adjudicator may be reappointed, 23 whether or not the vacancy in the adjudicator's office has been 24 advertised. 25 (9) An adjudicator may be appointed on a full-time or part-time 26 basis. 27 199 Criminal history checks 28 (1) This section applies in relation to the following persons-- 29 (a) an adjudicator; 30 Page 133

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 200] (b) a person who is being considered for appointment as an 1 adjudicator (a prospective adjudicator). 2 (2) The Minister may ask the commissioner of the police service 3 for-- 4 (a) a written report about the person's criminal history; and 5 (b) a brief description of the circumstances of a conviction 6 or charge mentioned in the person's criminal history. 7 (3) However, if the request relates to a prospective adjudicator, 8 the Minister may make the request only if the person has 9 given the Minister written consent for the request. 10 (4) The commissioner of the police service must comply with the 11 request. 12 (5) However, subsection (4) applies only to information in the 13 commissioner's possession or to which the commissioner has 14 access. 15 (6) Before using information obtained under subsection (2) to 16 decide whether a person should continue to be an adjudicator 17 or be nominated for appointment as an adjudicator the 18 Minister must-- 19 (a) disclose the information to the person; and 20 (b) allow the person a reasonable opportunity to make 21 representations to the Minister about the information. 22 (7) The Minister must ensure a report given under this section is 23 destroyed as soon as practicable after it is no longer needed 24 for the purpose for which it was requested. 25 200 Disclosure of changes in criminal history 26 (1) If there is a change in the criminal history of an adjudicator, 27 the adjudicator must, unless the adjudicator has a reasonable 28 excuse, immediately disclose the change to the Minister. 29 Maximum penalty--100 penalty units. 30 Page 134

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 201] (2) For an adjudicator who does not have a criminal history, there 1 is taken to be a change in the adjudicator's criminal history if 2 the adjudicator acquires a criminal history. 3 (3) To comply with subsection (1), the information disclosed by 4 an adjudicator about a conviction for an offence in the 5 adjudicator's criminal history must include the following-- 6 (a) the existence of the conviction; 7 (b) when the offence was committed; 8 (c) details adequate to identify the offence; 9 (d) whether or not a conviction was recorded; 10 (e) the sentence imposed on the adjudicator. 11 201 Conditions of appointment 12 (1) An adjudicator holds office on the following conditions-- 13 (a) the conditions stated in this part; 14 (b) the conditions decided by the Governor in Council and 15 stated in the adjudicator's instrument of appointment, to 16 the extent the conditions are not inconsistent with this 17 part. 18 (2) An adjudicator is entitled to be paid the remuneration and 19 allowances decided by the Governor in Council and stated in 20 the adjudicator's instrument of appointment. 21 (3) However, it is a condition of appointment of an adjudicator 22 that if the adjudicator is removed from office under section 23 203, the adjudicator is not entitled to any remuneration or 24 allowances from the date of the removal. 25 (4) It is a condition of appointment of an adjudicator who is 26 appointed on a full-time basis that the adjudicator must not, 27 without the president's consent, engage in the practice of any 28 profession or in any paid employment (whether within or 29 outside Queensland) outside the duties of the adjudicator's 30 office. 31 Page 135

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 202] 202 Resignation 1 (1) An adjudicator may resign the adjudicator's office by giving 2 the Minister a signed letter of resignation addressed to the 3 Governor. 4 (2) A resignation does not have effect unless it is accepted by the 5 Governor. 6 (3) The resignation takes effect when the Governor accepts the 7 resignation or, if a later day is stated in the letter of 8 resignation, the later day stated in the letter. 9 203 Removal from office 10 (1) The Governor in Council may, on the Minister's 11 recommendation, remove an adjudicator from the 12 adjudicator's office if-- 13 (a) the adjudicator-- 14 (i) is mentally or physically incapable of satisfactorily 15 performing the adjudicator's functions; or 16 (ii) has performed the adjudicator's duties carelessly, 17 incompetently or inefficiently, including by 18 contravening a condition of the adjudicator's 19 appointment or section 173(3) or 196(2); or 20 (iii) has engaged in conduct that would warrant 21 dismissal from the public service if the adjudicator 22 were a public service officer; or 23 (b) the adjudicator has been convicted of an indictable 24 offence, whether dealt with on indictment or summarily; 25 or 26 (c) the adjudicator becomes an insolvent under 27 administration as defined under the Corporations Act. 28 (d) the adjudicator ceases to be eligible to be an adjudicator. 29 (2) If the adjudicator has been suspended under section 204, the 30 Minister may make a recommendation under subsection (1) 31 Page 136

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 204] only if the adjudicator has been given an opportunity to make 1 oral and written submissions to-- 2 (a) the person conducting the investigation in relation to 3 which the adjudicator has been suspended; and 4 (b) either the president or deputy president. 5 (3) Also, the Minister must consult the president before making a 6 recommendation under subsection (1). 7 204 Suspension 8 (1) The president, with the Minister's approval, may suspend an 9 adjudicator from the adjudicator's office if the president 10 believes there may be grounds for the removal of the 11 adjudicator from the adjudicator's office. 12 (2) If an adjudicator is suspended under subsection (1), the 13 adjudicator remains entitled to the adjudicator's usual 14 remuneration and allowances during the suspension. 15 205 Investigation of suspended adjudicator 16 (1) As soon as practicable after suspending an adjudicator from 17 the adjudicator's office under section 204, the president must 18 appoint a person (the investigator) to undertake an 19 investigation into the conduct or circumstances that led to the 20 suspension. 21 (2) The investigator must-- 22 (a) investigate the conduct or circumstances leading to the 23 suspension; and 24 (b) report to the Minister on the investigation; and 25 (c) give a copy of the report to the adjudicator and the 26 president. 27 (3) The investigator's report under subsection (2) may include a 28 recommendation that the adjudicator be removed from office 29 on a ground mentioned in section 203(1). 30 Page 137

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 4 Adjudicators [s 206] (4) The Minister may use a report given to the Minister under 1 subsection (2)(b) about an adjudicator to decide whether or 2 not to make a recommendation under section 203 about the 3 adjudicator. 4 (5) If the Minister decides not to make a recommendation under 5 section 203 about an adjudicator, the Minister must notify the 6 president and the adjudicator of the decision as soon as 7 practicable. 8 (6) If the president is notified under subsection (5) that the 9 Minister has decided not to make a recommendation under 10 section 203 about an adjudicator, the president must 11 immediately cancel the adjudicator's suspension. 12 206 Acting adjudicators 13 (1) If there is a vacancy in the office of an adjudicator or the 14 adjudicator is absent or for any other reason is unable to 15 perform the functions of the office, the Minister may appoint a 16 person to act as the adjudicator for a period of not more than 6 17 months. 18 (2) The Minister may appoint only a person who is eligible to be 19 appointed to the office under section 198(6). 20 (3) The Minister may appoint a person to act as an adjudicator 21 only after consultation with the president. 22 (4) A person appointed to act as an adjudicator-- 23 (a) has all the functions of the adjudicator's office; and 24 (b) is taken to be an adjudicator for all purposes relating to 25 this Act or an enabling Act. 26 (5) Without limiting subsection (4), section 202 applies to a 27 person acting as adjudicator as if the person were an 28 adjudicator. 29 (6) A person appointed to act as adjudicator may be appointed by 30 the Minister to act as adjudicator for a further period if-- 31 Page 138

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 5 The Queensland Civil and Administrative Tribunal Registry [s 207] (a) the term of the appointment does not immediately 1 follow the person's previous appointment as acting 2 adjudicator; or 3 (b) the term of the appointment is continuous on 1 or more 4 of the person's previous appointments as acting 5 adjudicator and the total period of the continuous 6 appointments is not more than 6 months. 7 (7) The Minister may at any time cancel the appointment of a 8 person to act as an adjudicator. 9 Part 5 The Queensland Civil and 10 Administrative Tribunal 11 Registry 12 207 Registry established 13 (1) The Queensland Civil and Administrative Tribunal Registry 14 (the registry) is established. 15 (2) The registry consists of the principal registrar and the 16 registrars and other administrative staff of the registry. 17 (3) The registry is the registry for the tribunal. 18 208 Appointment of officers and staff 19 (1) The principal registrar, and the registrars and other 20 administrative staff of the registry are to be appointed under 21 the Public Service Act 2008. 22 (2) A person is eligible for appointment as the principal registrar 23 only if the person is appropriately qualified. 24 (3) Also, a person may be appointed as the principal registrar 25 only after consultation with the president. 26 (4) In this section-- 27 Page 139

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 4 Establishment and administration Part 5 The Queensland Civil and Administrative Tribunal Registry [s 209] appropriately qualified includes having the qualifications, 1 experience or standing appropriate to perform the functions of 2 the principal registrar under this Act. 3 209 Role of chief executive 4 (1) The chief executive's functions include-- 5 (a) managing the administrative support services relating to 6 the tribunal; and 7 (b) appointing, under section 208, the principal registrar and 8 registrars and other administrative staff of the registry to 9 help the president to manage the tribunal's business. 10 (2) The chief executive may do all things necessary or convenient 11 to be done for the performance of the chief executive's 12 functions under subsection (1). 13 210 Principal registrar 14 (1) The principal registrar has the functions conferred on the 15 principal registrar under this Act or an enabling Act that is an 16 Act. 17 (2) In carrying out the functions mentioned in subsection (1), the 18 principal registrar is subject to the direction of the president. 19 (3) The principal registrar may do all things necessary or 20 convenient to be done for the performance of the principal 21 registrar's functions. 22 211 Registrar 23 (1) A registrar may perform the functions of the principal 24 registrar subject to the direction of the president and the 25 principal registrar. 26 (2) The registrar may do all things necessary or convenient to be 27 done for the performance of the registrar's functions. 28 Page 140

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 212] 212 Principal registrar must disclose interests 1 (1) This section applies if the principal registrar who is to perform 2 a function under this Act in relation to a particular proceeding 3 has or acquires an interest, financial or otherwise, that may 4 conflict with the proper performance of the function. 5 (2) The principal registrar must-- 6 (a) disclose the nature of the interest to the president; and 7 (b) not take part in the proceeding or exercise powers in 8 relation to it, unless all parties to the proceeding agree 9 otherwise. 10 (3) In this section-- 11 principal registrar includes a registrar performing a function 12 of the principal registrar under section 211(1). 13 proceeding includes a compulsory conference. 14 Chapter 5 General 15 Part 1 Offences and contempt 16 213 Contravening decision 17 (1) A person must not, without reasonable excuse, contravene a 18 decision of the tribunal. 19 Note-- 20 See also section 218 (Contempt of tribunal). 21 Maximum penalty--100 penalty units. 22 (2) Subsection (1) does not apply if or to the extent that the 23 decision is a monetary decision. 24 Page 141

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 214] 214 Offences by witnesses 1 (1) A person given a notice under section 97 must not fail, 2 without reasonable excuse-- 3 (a) to attend as required by the notice; or 4 (b) to continue to attend as required by the tribunal until 5 excused from further attendance. 6 Maximum penalty--100 penalty units. 7 (2) A person appearing as a witness at a hearing of a proceeding 8 must not-- 9 (a) fail to take an oath when required by the tribunal; or 10 (b) fail, without reasonable excuse, to answer a question the 11 person is required to answer by the tribunal; or 12 (c) fail, without reasonable excuse, to produce a document 13 or other thing the person is required to produce by a 14 notice under section 97. 15 Maximum penalty--100 penalty units. 16 (3) It is a reasonable excuse for an individual to refuse to answer 17 a question or produce a document or other thing if the answer 18 or the production of the document or thing might tend to 19 incriminate the person. 20 Note-- 21 See also section 237(9) (Immunity of participants etc.). 22 215 Warrant may be issued if witness does not attend 23 (1) If the tribunal gives a person a notice under section 97 24 requiring the person to attend at a stated hearing of a 25 proceeding and the person does not attend as required by the 26 notice, the tribunal may-- 27 (a) issue a warrant directed to a police officer to bring the 28 person at the time, and to the place, stated in the warrant 29 to give evidence at a proceeding before the tribunal; and 30 Page 142

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 216] Note-- 1 For particular police powers under a warrant, see the Police 2 Powers and Responsibilities Act 2000, sections 21 (General 3 power to enter to arrest or detain someone or enforce warrant) 4 and 615 (Power to use force against individuals). 5 (b) adjourn the hearing to the time and place mentioned in 6 paragraph (a) on terms as to costs the tribunal considers 7 appropriate. 8 (2) A warrant issued under subsection (1) is sufficient authority 9 for a police officer to execute it according to its terms. 10 216 False or misleading information 11 (1) A person must not state to an official anything the person 12 knows is false or misleading in a material particular. 13 Maximum penalty--100 penalty units. 14 (2) A person must not give an official a document containing 15 information the person knows is false or misleading in a 16 material particular. 17 Maximum penalty--100 penalty units. 18 (3) Subsection (2) does not apply to a person if the person, when 19 giving the document-- 20 (a) tells the official, to the best of the person's ability, how it 21 is false or misleading; and 22 (b) if the person has, or can reasonably obtain, the correct 23 information--gives the correct information. 24 (4) In this section-- 25 official-- 26 (a) includes a registry staff member; and 27 (b) does not include a mediator. 28 Page 143

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 217] 217 Influencing participants 1 A person must not improperly influence, or attempt to 2 improperly influence, a person in relation to the person's 3 participation in a proceeding, whether as a member, 4 adjudicator, a party or a witness, to act other than in the course 5 of the person's duty in relation to the proceeding. 6 Maximum penalty--100 penalty units. 7 218 Contempt of tribunal 8 (1) The circumstances in which a person is in contempt of the 9 tribunal include if the person-- 10 (a) insults a member or adjudicator, the principal registrar, a 11 registrar or registry staff member, who is performing 12 functions under this Act; or 13 (b) obstructs or assaults a person attending a proceeding, 14 compulsory conference or mediation; or 15 (c) obstructs or hinders a person from complying with a 16 decision of the tribunal, or a notice given by the tribunal 17 under section 97; or 18 Editor's note-- 19 Section 97 (Requiring witness to attend or produce a document 20 or thing) 21 (d) unreasonably interrupts a proceeding, compulsory 22 conference or mediation, or otherwise misbehaves at a 23 proceeding, compulsory conference or mediation; or 24 (e) creates or continues, or joins in creating or continuing, a 25 disturbance in or near a place where the tribunal is 26 sitting; or 27 (f) contravenes an undertaking the person has given to the 28 tribunal; or 29 (g) commits an offence against this part. 30 Page 144

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 219] Note-- 1 See also section 222 (Court's powers relating to person 2 contravening non-publication order). 3 (2) A child is not in contempt under subsection (1) if the thing 4 that would otherwise constitute contempt is done by the child 5 in the course of, or relates in any way to, a review of a 6 reviewable decision about the child. 7 219 Punishment of contempt 8 (1) The tribunal has, for itself, all the protection, powers, 9 jurisdiction and authority the Supreme Court has, for that 10 court, in relation to contempt. 11 (2) The tribunal must comply with the Uniform Civil Procedure 12 Rules 1999 relating to contempt, with necessary changes, 13 including changes prescribed under the rules. 14 (3) The principal registrar may apply to the tribunal for an order 15 that a person be committed to prison for contempt of the 16 tribunal. 17 (4) The tribunal's jurisdiction and powers to punish a contempt of 18 the tribunal may be exercised on the application of a person or 19 on its own initiative. 20 (5) The tribunal's jurisdiction and powers to punish a contempt of 21 the tribunal may be exercised only by a judicial member. 22 (6) If contempt is committed in the face of the tribunal and the 23 tribunal is not constituted by a judicial member, the presiding 24 member of the tribunal may certify the contempt in writing to 25 the president. 26 (7) For subsection (6), it is enough for the presiding member to be 27 satisfied there is evidence of contempt. 28 (8) The tribunal has jurisdiction to punish an act or omission as a 29 contempt of the tribunal even though a penalty is prescribed 30 for the act or omission. 31 Page 145

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 220] 220 Tribunal may exclude person 1 (1) The tribunal may make an order-- 2 (a) excluding a disruptive person from the place the tribunal 3 is sitting; and 4 (b) authorising 1 or more tribunal staff members to remove 5 a disruptive person from the place the tribunal is sitting. 6 (2) If the tribunal makes an order under subsection (1), the order 7 is taken to be an authorising law for the purposes of the Police 8 Powers and Responsibilities Act 2000, section 16. 9 Note-- 10 The Police Powers and Responsibilities Act 2000, section 16 provides 11 for a police officer, if a public official asks, to help the public official 12 perform the public official's functions under an authorising law. 13 (3) If the tribunal makes an order under subsection (1)(b), it is 14 lawful for the tribunal staff members, and any person helping 15 the tribunal staff members, to remove the disruptive person 16 from the place the tribunal is sitting, using necessary and 17 reasonable force for the purpose. 18 (4) In this section-- 19 tribunal staff member means the principal registrar, a 20 registrar or a registry staff member. 21 221 Person not to be punished twice for same conduct 22 (1) If conduct of a person is both contempt of the tribunal and 23 contempt of a court, the person may be proceeded against for 24 the contempt of the tribunal or for the contempt of the court, 25 but the person is not liable to be punished twice for the same 26 conduct. 27 (2) If conduct of a person is both contempt of the tribunal or a 28 court and an offence, the person may be proceeded against for 29 the contempt or for the offence, but the person is not liable to 30 be punished twice for the same conduct. 31 Page 146

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 1 Offences and contempt [s 222] 222 Court's powers relating to person contravening 1 non-publication order 2 (1) This section applies if-- 3 (a) the tribunal makes a non-publication order prohibiting 4 or restricting the publication or disclosure of a matter; 5 and 6 (b) a court is hearing-- 7 (i) a prosecution for an offence against section 213 or 8 an enabling Act relating to a contravention of the 9 order; or 10 (ii) an appeal about a prosecution for an offence 11 against section 213 or an enabling Act relating to a 12 contravention of the order; and 13 (c) the court considers that, in the circumstances, the court 14 should prohibit or restrict the publication or disclosure 15 of the matter. 16 (2) The court may make an order prohibiting or restricting the 17 publication or disclosure of the matter. 18 (3) A contravention of an order made under subsection (2) is 19 contempt of the court. 20 (4) In this section-- 21 matter includes-- 22 (a) a document or other thing; and 23 (b) a part of, or the contents of, a document or other thing; 24 and 25 (c) evidence; and 26 (d) information. 27 Page 147

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 2 Rules committee, rules and practice directions [s 223] Part 2 Rules committee, rules and 1 practice directions 2 223 The rules committee 3 (1) The president must establish a rules committee consisting of 4 the following members-- 5 (a) the president; 6 (b) the deputy president; 7 (c) a senior member or ordinary member who is appointed 8 on a full-time basis; 9 (d) a member who is not an Australian lawyer; 10 (e) other members or adjudicators the president considers 11 appropriate. 12 (2) The president is the chairperson of the rules committee. 13 (3) The functions of the rules committee include-- 14 (a) developing and reviewing the rules under this Act; and 15 (b) approving forms for use under this Act; and 16 (c) the other functions conferred on the rules committee 17 under this Act or an enabling Act that is an Act. 18 (4) The rules committee may conduct its business and 19 proceedings at meetings in the way it decides. 20 (5) However, the chairperson has a deliberative vote and, in the 21 event of an equality of votes, a casting vote. 22 224 Rule-making power 23 (1) The Governor in Council may make rules under this Act for-- 24 (a) the practices and procedures of the tribunal or its 25 registry, including practices and procedures for 26 jurisdiction conferred on the tribunal by an enabling 27 Act; or 28 Page 148

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 2 Rules committee, rules and practice directions [s 225] (b) a matter mentioned in schedule 2. 1 (2) A rule may only be made with the consent of the rules 2 committee. 3 Note-- 4 See, however, section 277 (Initial rules). 5 (3) The rules may provide that a person is disqualified from being 6 a representative of a party to a proceeding if the person has 7 been-- 8 (a) the subject of a stated disciplinary proceeding under an 9 Act, a law of the Commonwealth or another State, or the 10 rules of a professional or occupational association or 11 other body; and 12 (b) found guilty in the proceeding of a stated type of 13 professional misconduct (however called) or a breach of 14 another stated professional or occupational standard. 15 225 Rules are exempt from automatic expiry 16 The Statutory Instruments Act 1992, part 7 does not apply to 17 the rules. 18 Editor's note-- 19 Statutory Instruments Act 1992, part 7 (Staged automatic expiry of 20 subordinate legislation) 21 226 Practice directions 22 (1) The president may make practice directions for the tribunal 23 about the practices and procedures of the tribunal not 24 provided for, or not sufficiently provided for, in this Act, an 25 enabling Act or the rules. 26 (2) A practice direction must not be inconsistent with this Act, an 27 enabling Act or the rules. 28 (3) To remove any doubt, it is declared that a practice direction is 29 not subordinate legislation. 30 Page 149

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 227] (4) In this section-- 1 enabling Act means an enabling Act that is an Act. 2 Part 3 Miscellaneous provisions 3 Division 1 Operation of tribunal 4 227 Arrangements with ombudsman 5 (1) The tribunal may enter into an arrangement with the 6 ombudsman providing for-- 7 (a) the applications or referrals under this Act that the 8 tribunal should refer to the ombudsman because they-- 9 (i) relate to administrative actions; and 10 (ii) would be more appropriately dealt with by the 11 ombudsman under the Ombudsman Act 2001; or 12 (b) the complaints under the Ombudsman Act 2001 that the 13 ombudsman should refer to the tribunal because they-- 14 (i) relate to decisions or other actions for which the 15 tribunal has jurisdiction; and 16 (ii) would be more appropriately dealt with by the 17 tribunal under this Act; or 18 (c) how to deal with an administrative action that is the 19 subject of a complaint, preliminary inquiry or 20 investigation under the Ombudsman Act 2001 and an 21 application or referral under this Act; or 22 (d) the cooperative performance by the tribunal and the 23 ombudsman of their respective functions relating to 24 administrative actions. 25 Page 150

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 228] (2) If an arrangement entered into under subsection (1) provides 1 for referrals as mentioned in subsection (1)(a) or (b), the 2 arrangement must also provide for how the referral is to be 3 made. 4 (3) The tribunal and the ombudsman are empowered to perform 5 their functions in accordance with any relevant arrangement 6 entered into under this section. 7 (4) In this section-- 8 administrative action has the meaning given by the 9 Ombudsman Act 2001, section 7. 10 228 Oath of office 11 (1) This section applies to a person who, under this Act, holds any 12 of the following offices or who is appointed to act in any of 13 the following offices-- 14 (a) president; 15 (b) deputy president; 16 (c) senior member; 17 (d) ordinary member; 18 (e) supplementary member; 19 (f) adjudicator. 20 (2) Before the person performs any function of the office, the 21 person must take or make the oath prescribed under a 22 regulation before the following person-- 23 (a) for a magistrate who is an ordinary member under 24 section 171(2)--the Chief Justice; 25 (b) for a person appointed as president, deputy president or 26 a supplementary member, or to act in the office of the 27 president or deputy president--the Chief Justice; 28 (c) for a person appointed as a senior member, ordinary 29 member or adjudicator, or to act in the office of a senior 30 member, ordinary member or an adjudicator-- 31 Page 151

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 229] (i) if the person is an Australian lawyer--the Chief 1 Justice or, if the Chief Justice nominates the 2 president to hear the oath, the president; or 3 (ii) otherwise--the president. 4 229 Register of proceedings 5 (1) The principal registrar must keep a register of proceedings 6 (the register) containing the matters stated in the rules. 7 (2) The principal registrar must ensure the register is available for 8 inspection by the public at the main office of the registry 9 during office hours on business days. 10 (3) A party to a proceeding may inspect the part of the register 11 relating to the proceeding without charge. 12 (4) Another person may, on payment of the prescribed fee (if 13 any)-- 14 (a) inspect the register; or 15 (b) obtain a copy of a part of the register. 16 (5) This section does not authorise, entitle or permit a person to 17 access a part of the register containing anything whose 18 publication or disclosure to the person is prohibited by a 19 non-publication order. 20 230 Record for proceeding 21 (1) The principal registrar must, for each proceeding, keep a 22 record containing all documents filed in the registry for the 23 proceeding. 24 (2) A party to a proceeding may, without charge, inspect the 25 record kept for the proceeding under subsection (1). 26 (3) Another person may, on payment of the prescribed fee (if 27 any)-- 28 (a) inspect a record kept under subsection (1); or 29 Page 152

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 231] (b) obtain a copy of a part of a record kept under subsection 1 (1). 2 (4) This section does not authorise, entitle or permit a person to 3 access a part of a record containing anything whose 4 publication or disclosure to the person is prohibited under a 5 non-publication order. 6 231 Trust account 7 (1) The tribunal must maintain a trust account to receive and hold 8 amounts ordered by the tribunal to be paid to the trust account 9 for a proceeding. 10 (2) The tribunal must pay amounts from the trust account as 11 ordered by the tribunal. 12 (3) Interest on the trust account is to be applied to the cost of 13 keeping the account and administering the tribunal. 14 232 Annual report 15 (1) As soon as practicable after each financial year, but not later 16 than 30 September, the president must give the Minister a 17 report containing-- 18 (a) a review of the operation of the tribunal during the 19 preceding financial year; and 20 (b) details of the number, nature and outcome of matters 21 that came before the tribunal during the preceding 22 financial year; and 23 (c) details of the number and nature of matters before the 24 tribunal that were outstanding at the end of the 25 preceding financial year; and 26 (d) details of any trends or special problems that emerged 27 during the preceding financial year; and 28 (e) forecasts of the workload of the tribunal in the present 29 financial year; and 30 Page 153

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 233] (f) proposals for improving the operation of the tribunal in 1 the present financial year; and 2 (g) proposals for improving the quality of decision-making 3 across government. 4 (2) The Minister must table a copy of the report in the Legislative 5 Assembly within 14 sitting days after receiving the report. 6 Division 2 Confidentiality 7 233 Confidentiality generally 8 (1) This section applies to a prescribed person who has, in the 9 course of administering this Act or because of an opportunity 10 provided by involvement in administering this Act-- 11 (a) acquired information about someone else; or 12 (b) gained access to a document about someone else. 13 (2) The prescribed person must not do either of the following-- 14 (a) disclose to anyone else-- 15 (i) the information; or 16 (ii) the contents of or information contained in the 17 document; 18 (b) give access to the document to anyone else. 19 Maximum penalty--100 penalty units or 1 years 20 imprisonment. 21 (3) Subsection (2) does not apply to the disclosure of information, 22 or the giving of access to a document, about a person-- 23 (a) with the person's consent; or 24 (b) in connection with the performance of a function under 25 this Act or an enabling Act; or 26 (c) to a police officer for reporting a suspected offence or 27 assisting in the investigation of a suspected offence, if 28 Page 154

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 234] the president consents to the disclosure or giving of 1 access; or 2 (d) if the disclosure or access is necessary to prevent or, 3 minimise the risk of, harm to a child or injury to a 4 person; or 5 (e) to a person approved by the Minister if the disclosure or 6 giving of access is of statistical or other information that 7 could not reasonably be expected to result in the 8 identification of the person to whom the information 9 relates; or 10 (f) as required or authorised under an Act or law. 11 (4) Also, subsection (2) does not apply to the disclosure of 12 information, or the giving of access to a document, about a 13 person if the information disclosed or accessed is only-- 14 (a) something that was said or otherwise disclosed at a 15 hearing of a proceeding that was held in public; or 16 (b) a decision, or reasons for the decision, of the tribunal. 17 (5) In this section-- 18 prescribed person means a person who is or has been 19 involved in the administration of this Act, including a person 20 who is or has been any of the following-- 21 (a) an official; 22 (b) a registry staff member; 23 (c) a person acting under the authority or direction of the 24 tribunal or the chief executive. 25 234 Further limitation on disclosure to a court etc. 26 (1) A court can not compel a prescribed person to do either of the 27 following other than for the purpose of administering this Act 28 or an enabling Act-- 29 (a) produce to the court a document that-- 30 Page 155

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 234] (i) has come into the prescribed person's possession in 1 the course of administering this Act or because of 2 an opportunity provided by involvement in 3 administering this Act; and 4 (ii) is or contains a protected item; 5 (b) disclose to the court information that-- 6 (i) has come to the person's knowledge in the course 7 of administering this Act or because of an 8 opportunity provided by involvement in 9 administering this Act; and 10 (ii) is or is a part of a protected item. 11 (2) In this section-- 12 court includes a tribunal and any other entity that has the 13 power to require a prescribed person to produce a document 14 or answer a question. 15 prescribed person means a person who is or has been 16 involved in the administration of this Act, including a person 17 who is or has been any of the following-- 18 (a) an official; 19 (b) a registry staff member; 20 (c) a person acting under the authority or direction of the 21 tribunal or chief executive. 22 protected item means-- 23 (a) information, evidence, or a document or other thing 24 obtained by the tribunal in a proceeding that was held in 25 private; or 26 (b) something the subject of a non-publication order, if the 27 production or disclosure of the thing to the court would 28 contravene the order. 29 Page 156

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 235] Division 3 Evidentiary provisions 1 235 Appointment and authority 2 (1) For a proceeding under an Act, the following must be 3 presumed unless a party to the proceeding, by prescribed 4 notice, requires proof of it-- 5 (a) the appointment of an official; 6 (b) the authority of an official to do anything under this Act. 7 (2) In this section-- 8 prescribed notice, for a proceeding under an Act, means 9 notice at least 14 days before the day a court starts to hear the 10 proceeding. 11 236 Signatures and documents 12 (1) A signature purporting to be the signature of an official is 13 evidence of the signature it purports to be. 14 (2) A certificate purporting to be signed by the principal registrar 15 stating either of the following is, on its production in any 16 criminal, civil or other proceeding, evidence of the matter-- 17 (a) that a stated document is a decision, or a copy of a 18 decision, of the tribunal; 19 (b) that a stated document is a record or document, a copy 20 of a record or document, or an extract from a record or 21 document, kept under this Act. 22 Division 4 Protection from liability 23 237 Immunity of participants etc. 24 (1) A member has, in the performance of the member's functions 25 as a member, the same protection and immunity as a Supreme 26 Court judge has in the performance of a judge's functions. 27 Page 157

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 237] (2) An adjudicator has, in the performance of the adjudicator's 1 functions as an adjudicator, the same protection and immunity 2 as a Supreme Court judge has in the performance of a judge's 3 functions. 4 (3) A mediator has, in the performance of the mediator's 5 functions as a mediator, the same protection and immunity as 6 a Supreme Court judge has in the performance of a judge's 7 functions. 8 (4) A person who on behalf of the tribunal takes evidence under 9 section 96 has, in taking the evidence, the same protection and 10 immunity as a Supreme Court judge has in the performance of 11 a judge's functions. 12 (5) An assessor, in the performance of the assessor's functions as 13 an assessor under this Act or an enabling Act, has the same 14 protection and immunity as a Supreme Court judge has in the 15 performance of a judge's functions. 16 (6) The principal registrar has, in the performance of the 17 following functions, the same protection and immunity as a 18 Supreme Court judge has in the performance of a judge's 19 functions-- 20 (a) a function of the tribunal permitted to be performed by 21 the principal registrar by this Act or an enabling Act that 22 is an Act; 23 (b) a function under chapter 2, part 6, division 2. 24 (7) A person representing a party in a proceeding has the same 25 protection and immunity as a legal practitioner appearing for a 26 party in a proceeding before the Supreme Court. 27 (8) A party to a proceeding has the same protection and immunity 28 as a party to a proceeding before the Supreme Court. 29 (9) A person appearing before the tribunal as a witness has the 30 same protection and immunity as a witness in a proceeding 31 before the Supreme Court. 32 Page 158

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 238] (10) A document produced at, or used for, a hearing before the 1 tribunal has the same protection as a document produced at, or 2 used for, a hearing before the Supreme Court. 3 (11) In this section-- 4 principal registrar includes a registrar performing functions 5 of the principal registrar under section 211(1). 6 238 Protection from civil liability 7 (1) An official is not civilly liable for an act done, or omission 8 made, honestly and without negligence under this Act or an 9 enabling Act. 10 (2) If subsection (1) prevents civil liability attaching to an official, 11 the liability attaches instead to the State. 12 (3) This section is subject to section 237 to the extent it relates to 13 the civil liability of the principal registrar or a registrar. 14 (4) In this section-- 15 official means-- 16 (a) the chief executive; or 17 (b) the principal registrar, a registrar or a registry staff 18 member; or 19 (c) a person acting under the authority or direction of the 20 tribunal or chief executive. 21 Division 5 Other provisions 22 239 Contracting out prohibited 23 (1) A contract or agreement is void to the extent to which it-- 24 (a) is contrary to this Act; or 25 (b) purports to annul, exclude, restrict or otherwise change 26 the effect of a provision of this Act. 27 Page 159

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 5 General Part 3 Miscellaneous provisions [s 240] (2) Subsection (1) does not apply to an agreement that a dispute 1 be referred to arbitration if the agreement is entered into after 2 the dispute arises. 3 (3) Nothing in this section prevents the parties to a contract or 4 agreement from including in the contract or agreement 5 provisions that impose greater or more onerous obligations on 6 an entity than are imposed under this Act. 7 (4) This section applies to contracts or agreements entered into 8 before or after the commencement of this Act. 9 240 Review of Act 10 (1) The Minister must review this Act-- 11 (a) within 3 years after the commencement of this section; 12 and 13 (b) at further intervals of 5 years. 14 (2) The objects of the review include-- 15 (a) deciding whether the objects of this Act remain valid; 16 and 17 (b) deciding whether this Act is meeting its objects; and 18 (c) deciding whether the provisions of this Act are 19 appropriate for meeting its objects; and 20 (d) investigating any specific issue recommended by the 21 Minister or the president, including, for example, 22 whether any provision of an enabling Act affects the 23 effective operation of the tribunal. 24 (3) The Minister must, as soon as practicable after finishing a 25 review under subsection (1), table a report about the outcome 26 of the review in the Legislative Assembly. 27 241 Approved forms 28 The rules committee may approve forms for use under this 29 Act. 30 Page 160

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 6 Repeal provision Part 1 Preliminary [s 242] 242 Regulation-making power 1 (1) The Governor in Council may make regulations under this 2 Act. 3 (2) Without limiting subsection (1), a regulation made under this 4 Act may-- 5 (a) prescribe fees payable under this Act; or 6 (b) provide for the form of an oath and how it is to be 7 administered. 8 Chapter 6 Repeal provision 9 243 Repeals 10 The following Acts are repealed-- 11 · the Children Services Tribunal Act 2000, No. 59 12 · the Commercial and Consumer Tribunal Act 2003, No. 13 30 14 · the Misconduct Tribunals Act 1997, No. 59 15 · the Small Claims Tribunals Act 1973, No. 23. 16 Chapter 7 Transitional provisions 17 Part 1 Preliminary 18 244 Definitions for ch 7 19 In this chapter-- 20 Page 161

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 1 Preliminary [s 244] commencement means the commencement of this section. 1 continuing entity means-- 2 (a) a court; or 3 (b) a Minister administering an enabling Act; or 4 (c) the Queensland Gaming Commission under the Gaming 5 Machine Act 1991. 6 decision, of a former tribunal or court, includes an order made 7 or direction given by the former tribunal or court. 8 decision, of QCAT, does not include a decision made in an 9 appeal under chapter 2, part 8. 10 Note-- 11 See also schedule 3, definition decision in relation to the tribunal. 12 enabling Act means an Act or subordinate legislation that is 13 an enabling Act at the commencement. 14 existing court proceeding means a proceeding that-- 15 (a) was started in a court under a former Act before the 16 commencement; and 17 (b) at the commencement, has not been withdrawn, or 18 dismissed, struck out or otherwise disposed of by the 19 court; and 20 (c) relates to a QCAT matter. 21 existing proceeding means-- 22 (a) an existing court proceeding; or 23 (b) an existing tribunal proceeding. 24 existing tribunal proceeding means a proceeding that-- 25 (a) was started before a former tribunal under a former Act 26 before the commencement; and 27 (b) at the commencement, has not been withdrawn, 28 dismissed, struck out or otherwise disposed of under the 29 former Act. 30 Page 162

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 1 Preliminary [s 244] final decision, of a former tribunal or a court in a proceeding, 1 means the former tribunal's or court's decision that finally 2 decides the matters the subject of the proceeding. 3 Note-- 4 final decision, of the tribunal in a proceeding, is defined in schedule 3. 5 former Act means any of the following Acts, as in force 6 before the commencement-- 7 (a) the repealed Children Services Tribunal Act 2000; 8 (b) the repealed Commercial and Consumer Tribunal Act 9 2003; 10 (c) the repealed Misconduct Tribunals Act 1997; 11 (d) the repealed Small Claims Tribunals Act 1973; 12 (e) an enabling Act. 13 former entity, for part 4, see section 270. 14 former tribunal means an entity mentioned in schedule 1. 15 member, of a former tribunal, includes a person who under a 16 former Act may constitute the former tribunal for matters, 17 even though the person is not called a member. 18 Example-- 19 a referee under the repealed Small Claims Tribunals Act 1973 20 pending proceeding see section 245. 21 proceeding includes-- 22 (a) an action before a former tribunal or continuing entity 23 without an application or referral being made; and 24 (b) a process under a former Act for the consideration of a 25 matter, including, for example, a review of a decision, 26 by a former tribunal or continuing entity. 27 QCAT means the tribunal. 28 QCAT Amendment Act means the Queensland Civil and 29 Administrative Tribunal (Jurisdiction Provisions) Amendment 30 Act 2009. 31 Page 163

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 245] QCAT matter means a matter for which this Act or an 1 enabling Act confers jurisdiction on QCAT at the 2 commencement. 3 245 What is a pending proceeding 4 An existing proceeding in a court or former tribunal is a 5 pending proceeding if, at the commencement, the court or 6 former tribunal-- 7 (a) has not started to hear a matter the subject of the 8 proceeding; or 9 (b) has started to hear a matter the subject of the proceeding 10 but has not started to consider evidence for the purpose 11 of making its final decision in the proceeding. 12 246 Acts Interpretation Act 1954, s 20 not limited 13 Subject to sections 255(7) and 267(7), this chapter does not 14 limit the Acts Interpretation Act 1954, section 20. 15 Part 2 Transitional provisions about 16 former tribunals 17 Division 1 Abolition and related matters 18 247 Abolition of former tribunals 19 (1) At the commencement-- 20 (a) each former tribunal is abolished; and 21 (b) the members of the former tribunal stop being members 22 of the former tribunal. 23 Page 164

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 248] Note-- 1 Particular members of particular former tribunals become ordinary 2 members of QCAT under section 263 for 2 years. 3 (2) Subsection (1) does not affect the member's appointment in 4 any other office. 5 248 QCAT is legal successor 6 (1) QCAT is the successor in law of each former tribunal. 7 (2) Subsection (1) is not limited by another provision of this 8 division. 9 249 Assets and liabilities etc. of a former tribunal 10 (1) At the commencement-- 11 (a) the assets and liabilities of a former tribunal 12 immediately before the commencement become assets 13 and liabilities of QCAT; and 14 (b) any contracts, undertakings or other arrangements to 15 which a former tribunal is a party, in force immediately 16 before the commencement-- 17 (i) are taken to have been entered into by QCAT; and 18 (ii) may be enforced against or by QCAT; and 19 (c) any property that, immediately before the 20 commencement, was held on trust or subject to a 21 condition, by a former tribunal continues to be held on 22 the same trust, or subject to the same condition, by 23 QCAT. 24 (2) The registrar of titles or other person responsible for keeping a 25 register for dealings in property must, if asked by QCAT, 26 record the vesting of property under this section in QCAT. 27 Page 165

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 250] 250 Proceeding not yet started by or against a former tribunal 1 (1) This section applies if, immediately before the 2 commencement, a proceeding could have been started by or 3 against a former tribunal within a particular period (the 4 prescribed period). 5 (2) The proceeding may be started by or against QCAT within the 6 prescribed period. 7 (3) In this section-- 8 proceeding includes a proceeding under section 264. 9 251 Proceeding to which a former tribunal was a party 10 (1) This section applies to a proceeding that, immediately before 11 the commencement, had not ended and to which a former 12 tribunal was a party. 13 (2) At the commencement, QCAT becomes a party to the 14 proceeding in place of the former tribunal. 15 (3) In this section-- 16 proceeding includes a proceeding under section 264. 17 252 Existing final decisions of a former tribunal 18 (1) A final decision of a former tribunal in a proceeding made 19 before the commencement-- 20 (a) is taken to be a final decision of QCAT; and 21 (b) this Act, and any relevant enabling Act, applies to the 22 decision as if it were a final decision of QCAT. 23 Note-- 24 Section 271 provides for decisions of former tribunals made in relation 25 to a matter that has not been heard and decided at the commencement. 26 (2) However, subsection (1)(b) does not authorise QCAT to deal 27 with a final decision of the former tribunal in a way that is 28 inconsistent with the former Act under which the decision was 29 made. 30 Page 166

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 253] (3) If, under a former Act, a person has applied to a former 1 tribunal to deal with a final decision of the former tribunal and 2 the application has not been heard at the commencement-- 3 (a) the application is taken to be an application made to 4 QCAT under this Act; and 5 (b) in hearing the application, QCAT has, and only has, the 6 functions of the former tribunal under the former Act. 7 (4) Without limiting subsection (1), (2) or (3), a reference in an 8 Act to a final decision of QCAT is taken to include a reference 9 to a final decision of a former tribunal taken to be a final 10 decision of QCAT under subsection (1). 11 (5) In this section-- 12 deal with, a final decision, includes-- 13 (a) amend or correct the decision; and 14 (b) revoke the decision. 15 253 Records of former tribunals 16 All records of a former tribunal are records of QCAT under 17 this Act. 18 254 References to former tribunals etc. 19 (1) In an Act or document-- 20 (a) a reference to a former tribunal is taken, if the context 21 permits, to be a reference to QCAT; and 22 (b) a reference to a former president is taken, if the context 23 permits, to be a reference to the president; and 24 (c) a reference to a former member is taken, if the context 25 permits, to be a reference to a member of QCAT; and 26 (d) a reference to a former registrar is taken, if the context 27 permits, to be a reference to the principal registrar; and 28 Page 167

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 255] (e) a reference to a former registry is taken, if the context 1 permits, to be a reference to the registry; and 2 (f) a reference to a referee under the repealed Small Claims 3 Tribunals Act 1973 is taken, if the context permits, to be 4 a reference to QCAT as constituted under this Act. 5 (2) In this section-- 6 former member means a member of a former tribunal under a 7 former Act. 8 former president means a former member who has functions 9 similar to the president's functions under this Act, whether the 10 person's office is called president, chairperson, senior member 11 or something else. 12 former registrar means a person appointed under a former 13 Act to carry out functions similar to the principal registrar or a 14 registrar under this Act, whether the person's office is called 15 registrar, director or something else. 16 former registry means a registry for a former tribunal under a 17 former Act. 18 Division 2 Proceeding not yet started before 19 former tribunal 20 255 QCAT may deal with proceeding 21 (1) This section applies if-- 22 (a) immediately before the commencement, a person could 23 have started a proceeding for a matter before a former 24 tribunal within a particular period (the prescribed 25 period); and 26 (b) at the commencement, the person has not started the 27 proceeding. 28 (2) QCAT has jurisdiction to deal with the matter under this Act. 29 (3) A proceeding for the matter may be started under this Act-- 30 Page 168

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 256] (a) within the prescribed period; and 1 (b) in the way the proceeding could be started if the matter 2 had arisen after the commencement. 3 (4) If a proceeding for the matter is started under this Act, QCAT 4 must deal with the matter under this Act and has, and only 5 has, functions under this Act or an enabling Act in relation to 6 the matter. 7 (5) If the matter is an appeal against a decision that could have 8 been started as mentioned in subsection (1)(a), the decision 9 that could have been appealed against is a reviewable decision 10 for applying this Act to the proceeding under subsection (3) 11 and (4). 12 (6) This section does not apply to an examination under the Small 13 Claims Tribunals Act 1973, section 23A. 14 (7) Subsections (4) and (6) apply despite the Acts Interpretation 15 Act 1954, section 20. 16 Division 3 Proceeding started before former 17 tribunal 18 256 Pending proceeding 19 (1) This section applies to an existing tribunal proceeding that is a 20 pending proceeding. 21 (2) At the commencement, the proceeding is taken to be a 22 proceeding before QCAT. 23 (3) QCAT has jurisdiction to deal with the matter the subject of 24 the proceeding under this Act. 25 Note-- 26 See part 4 for how QCAT is to conduct the proceeding. 27 Page 169

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 257] 257 Other proceeding 1 (1) This section applies to an existing tribunal proceeding that is 2 not a pending proceeding. 3 (2) At the commencement, the proceeding is taken to be a 4 proceeding before QCAT. 5 (3) QCAT has jurisdiction to deal with the matter the subject of 6 the proceeding under this Act. 7 (4) QCAT must be constituted by the persons who constituted the 8 former tribunal immediately before the commencement and, 9 for that purpose, any of the persons who are not members of 10 QCAT (or have not become members under section 263) are 11 taken to be members of QCAT for the duration of the 12 proceeding. 13 (5) A person taken to be a member of QCAT under subsection (4) 14 is entitled to be paid the remuneration and allowances the 15 person was entitled to under the former Act under which the 16 former tribunal was constituted for the duration of the 17 proceeding. 18 (6) If, for any reason, a person who constituted the former 19 tribunal is unable to perform functions in the proceeding, the 20 president must reconstitute QCAT by replacing the person 21 with another member. 22 Example of when a person may be unable to perform functions in the 23 proceeding-- 24 if the person is ill or otherwise becomes unavailable 25 (7) Chapter 2, part 8 does not apply to a decision of QCAT in the 26 proceeding, including a decision of the former tribunal taken 27 to be a decision of QCAT in the proceeding under section 28 271(4). 29 (8) However, a person may appeal to a court against the decision 30 if, under the former Act, the person could have appealed to the 31 court against the decision if it had been made by the former 32 tribunal. 33 Page 170

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 258] (9) An appeal under subsection (8) must be made within the 1 period and in the way the appeal was required to be made 2 under the former Act. 3 Division 4 Appeal against decision of a former 4 tribunal 5 258 Appeal yet to be started 6 (1) This section applies if-- 7 (a) immediately before the commencement, a person could, 8 under a former Act, have appealed to a court against a 9 decision of a former tribunal within a particular period 10 (the appeal period); and 11 (b) at the commencement, the person has not started the 12 appeal. 13 (2) The person may, within the appeal period, appeal to the court 14 against the decision, and the court must hear and decide the 15 appeal, under the former Act as if it were still in force. 16 259 Appeal started 17 (1) This section applies if, before the commencement, a person 18 has, under a former Act, appealed to a court against a decision 19 of a former tribunal and the appeal has not been finally dealt 20 with at the commencement. 21 (2) The court must hear, or continue to hear, and decide the 22 appeal under the former Act as if it were still in force. 23 260 Effect of court's decision in appeal 24 (1) This section applies to an appeal to which section 258 or 259 25 applies. 26 Page 171

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 261] (2) The court's decision in the appeal must be dealt with in the 1 way the court's decision would have been dealt with under the 2 former Act if it were still in force. 3 (3) If the court's decision in the appeal is to remit the matter to the 4 former tribunal, with or without directions-- 5 (a) the court must remit the matter to QCAT; and 6 (b) QCAT must deal with the matter under the former Act 7 as if it were still in force. 8 (4) For subsection (3)-- 9 (a) QCAT has, and only has, the functions of the former 10 tribunal; and 11 (b) QCAT can, and can only, make a decision the former 12 tribunal could have made in relation to the matter under 13 the former Act. 14 (5) For subsections (2) to (4), the former Act, and other relevant 15 laws, continue to have effect as if they were still in force. 16 Division 5 Other matters 17 261 Particular request of former Children Services Tribunal 18 (1) Subsection (2) applies if-- 19 (a) the president under the repealed Children Services 20 Tribunal Act 2000 has made a request under section 128 21 of that Act; and 22 (b) the period for complying with the request has not passed 23 at the commencement. 24 (2) At the commencement, the request is taken to be a request 25 made by QCAT under the Child Protection Act 1999, section 26 99ZI and that Act applies in relation to the request as if it were 27 a request made by QCAT under that section. 28 Page 172

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 262] Editor's note-- 1 Child Protection Act 1999, section 99ZI (Requests to chief executive) 2 (3) Subsection (4) applies if-- 3 (a) the president under the repealed Children Services 4 Tribunal Act 2000 has received a response from the 5 chief executive of a government entity given under 6 section 128 of that Act; and 7 (b) at the commencement, the president has not dealt with 8 the response under that Act. 9 (4) QCAT may deal with the response under the Child Protection 10 Act 1999 as if the response had been given to a request made 11 by QCAT under section 99ZI of that Act in relation to a 12 decision of QCAT. 13 262 Annual reports for former tribunals 14 (1) As soon as practicable after the start of the financial year in 15 which commencement happens, but not later than the 16 following 30 September, the president must give the Minister 17 the following-- 18 (a) a report for the former Children Services Tribunal 19 containing the matters mentioned in the repealed 20 Children Services Tribunal Act 2000, section 146(2) as 21 in force immediately before the commencement; 22 (b) a report for the former Consumer and Commercial 23 Tribunal containing the matters mentioned in the 24 repealed Commercial and Consumer Tribunal Act 2003, 25 section 145(1) as in force immediately before the 26 commencement; 27 (c) a report for the former Guardianship and Administration 28 Tribunal containing the matters mentioned in the 29 Guardianship and Administration Act 2000, section 30 98(1) as in force immediately before the 31 commencement; 32 Page 173

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 263] (d) a report for a former misconduct tribunal containing the 1 matters mentioned in the repealed Misconduct Tribunals 2 Act 1997, section 39(1) as in force immediately before 3 the commencement; 4 (e) a report for the former Racing Appeals Tribunal 5 containing the matters mentioned in the Racing Act 6 2002, section 192(1) as in force immediately before the 7 commencement. 8 (2) The Minister must table a copy of each report in the 9 Legislative Assembly within 14 sitting days after receiving 10 the report. 11 263 Transferring membership of particular members 12 (1) At the commencement, each person who, immediately before 13 the commencement, was a sessional member becomes an 14 ordinary member of QCAT. 15 (2) Subsection (1) applies only if the person consents to 16 becoming an ordinary member of QCAT by giving written 17 notice of the consent to the Minister. 18 (3) The person holds the appointment as an ordinary member-- 19 (a) for 2 years after the commencement; and 20 (b) subject to this Act and the conditions decided by the 21 Governor in Council. 22 (4) The Minister must, as soon as practicable after the 23 commencement, give the person a written notice stating the 24 conditions decided by the Governor in Council. 25 (5) In this section-- 26 former tribunal does not include the following-- 27 (a) an appeal tribunal formed under the Local Government 28 Act 1993, section 942, as in force before the 29 commencement; 30 Page 174

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 264] (b) the Health Practitioners Tribunal established under the 1 Health Practitioners (Professional Standards) Act 1999, 2 section 26, as in force before the commencement; 3 (c) the Legal Practice Tribunal continued in existence under 4 the Legal Profession Act 2007, section 599, as in force 5 before the commencement; 6 (d) the Nursing Tribunal as continued under the Nursing Act 7 1992, section 84, as in force before the commencement; 8 (e) a small claims tribunal constituted under the repealed 9 Small Claims Tribunals Act 1973, section 11; 10 (f) a surveyors disciplinary committee established under 11 the Surveyors Act 2003, section 94, as in force before 12 the commencement; 13 (g) a committee appointed under the Valuers Registration 14 Act 1992, section 50, as in force before the 15 commencement. 16 sessional member means-- 17 (a) a member of a former tribunal other than a member 18 appointed as a member on a full-time basis; or 19 (b) the independent assessor under the Prostitution Act 20 1999, as in force before the commencement. 21 264 Particular offences continue 22 (1) This section applies if-- 23 (a) under a provision of an Act, as in force before the 24 commencement (relevant Act), a person who did or 25 omitted to do an act in relation to a former tribunal, or 26 something required to be done, or done, by a former 27 tribunal, committed an offence; and 28 (b) the provision is-- 29 (i) amended by the QCAT Amendment Act so that it 30 no longer applies in relation to the former tribunal, 31 Page 175

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 2 Transitional provisions about former tribunals [s 265] or something required to be done, or done, by the 1 former tribunal; or 2 (ii) repealed by this Act or the QCAT Amendment Act. 3 (2) A proceeding for the offence may be continued or started, and 4 the provisions of the relevant Act that are necessary or 5 convenient to be used in relation to the proceeding continue to 6 apply, as if the QCAT Amendment Act and this Act had not 7 commenced. 8 (3) For subsection (2), the Acts Interpretation Act 1954, section 9 20 applies, but does not limit the subsection. 10 (4) Subsection (2) applies despite the Criminal Code, section 11. 11 265 Confidentiality 12 (1) Each confidentiality provision continues to apply, and a 13 contravention of a confidentiality provision may be 14 prosecuted, despite the repeal of the provision by this Act. 15 (2) Subsection (1) applies to a contravention of a confidentiality 16 provision whether it happened before or after the 17 commencement. 18 (3) In this section-- 19 confidentiality provision means-- 20 (a) the repealed Children Services Tribunal Act 2000, 21 section 76(7), 88 or 142, as in force before the 22 commencement; or 23 (b) the repealed Commercial and Consumer Tribunal Act 24 2003, section 120, as in force before the 25 commencement; or 26 (c) the repealed Misconduct Tribunals Act 1997, section 44, 27 as in force before the commencement. 28 Page 176

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 3 Transitional provisions about continuing entities [s 266] 266 Particular penalties payable to particular entities 1 The repealed Commercial and Consumer Tribunal Act 2003, 2 section 148, as in force before the commencement, continues 3 to have effect in relation to penalties to which the section 4 applied that are recovered after the commencement as if that 5 Act had not been repealed. 6 Part 3 Transitional provisions about 7 continuing entities 8 267 Proceeding not yet started 9 (1) This section applies if-- 10 (a) immediately before the commencement, a person could, 11 under an enabling Act or another Act as in force before 12 the commencement, have started a proceeding before a 13 continuing entity for a QCAT matter within a particular 14 period (the prescribed period); and 15 (b) at the commencement, the person has not started the 16 proceeding. 17 (2) QCAT has jurisdiction to deal with the matter under this Act. 18 (3) A proceeding before the continuing entity for the matter can 19 not be started after the commencement unless, under an 20 enabling Act or another Act, the continuing entity has 21 jurisdiction to deal with the matter after the commencement. 22 (4) However, a proceeding for the matter may be started before 23 QCAT under this Act-- 24 (a) within the prescribed period; and 25 (b) in the way the proceeding could be started if the matter 26 arose after the commencement. 27 Page 177

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 3 Transitional provisions about continuing entities [s 268] (5) If a proceeding for the matter is started before QCAT, QCAT 1 must deal with the matter under this Act and has, and only 2 has, functions under this Act or an enabling Act in relation to 3 the matter. 4 (6) If the matter is an appeal against a decision that could have 5 been started as mentioned in subsection (1)(a), the decision 6 that could have been appealed against is a reviewable decision 7 for applying this Act to the proceeding under subsection (4) 8 and (5). 9 (7) This section applies despite the Acts Interpretation Act 1954, 10 section 20. 11 268 Proceeding started 12 (1) This section applies if, before the commencement, a person 13 has, under an enabling Act or another Act as in force before 14 the commencement (the former Act), started a proceeding 15 before a continuing entity for a QCAT matter. 16 (2) The continuing entity must hear, or continue to hear, and 17 decide the matter under the former Act, and the former Act 18 and other relevant laws apply as if the QCAT Amendment Act 19 had not been enacted. 20 (3) The continuing entity's decision in the proceeding has effect, 21 or must be given effect, in the way the continuing entity's 22 decision would have had effect, or been given effect, under the 23 former Act if the QCAT Amendment Act had not been 24 enacted. 25 (4) However, for a proceeding before a court, if the proceeding is 26 a pending proceeding and the court decides it would be 27 practicable for QCAT to hear and decide the matter, the court 28 may, by order, transfer the proceeding to QCAT. 29 (5) If a court transfers the proceeding to QCAT under subsection 30 (4)(a)-- 31 (a) the proceeding is taken to have been started before 32 QCAT; and 33 Page 178

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 4 Conducting proceeding from former tribunal or continuing entity [s 269] (b) the court may make the orders and give the directions it 1 considers appropriate to facilitate the transfer, including 2 an order that a party is taken to have complied with the 3 requirements under this Act, an enabling Act or the rules 4 for starting a proceeding before QCAT. 5 Note-- 6 See part 4 for how QCAT is to conduct the proceeding. 7 (6) An order under subsection (5)(b) has effect despite any 8 provision of this Act, an enabling Act or the rules. 9 (7) Subject to subsection (8), the continuing entity's final decision 10 in the proceeding has effect under this Act, and any relevant 11 enabling Act, as if it were a final decision of QCAT. 12 (8) Chapter 2, part 8 does not apply to a final decision of the 13 continuing entity taken to be a decision of QCAT under 14 subsection (7). 15 (9) However, a person may appeal to a court against the final 16 decision if, under the former Act, the person could have 17 appealed to the court against the decision if it had been made 18 by the continuing entity. 19 (10) An appeal under subsection (9) must be made within the 20 period and in the way the appeal was required to be made 21 under the former Act. 22 Part 4 Conducting proceeding from 23 former tribunal or continuing 24 entity 25 269 Application of pt 4 26 This part applies in relation to-- 27 (a) an existing tribunal proceeding taken under part 2, 28 division 3, to be a proceeding before QCAT; and 29 Page 179

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 4 Conducting proceeding from former tribunal or continuing entity [s 270] (b) an existing court proceeding transferred to QCAT under 1 section 268(4). 2 270 Definition for pt 4 3 In this part-- 4 former entity, for a proceeding in relation to which this part 5 applies, means the former tribunal or the court the proceeding 6 was before immediately before the commencement. 7 271 Conduct of proceeding generally 8 (1) QCAT must deal with the matter the subject of the existing 9 proceeding under this Act or an enabling Act. 10 (2) However, in relation to the matter-- 11 (a) QCAT has, and only has, the functions that the former 12 entity had in relation to the matter under the former Act; 13 and 14 (b) QCAT can, and can only, make a decision the former 15 entity could have made in relation to the matter under 16 the former Act. 17 (3) If the matter is an appeal against a decision, the decision 18 appealed against is a reviewable decision for applying this Act 19 to the proceeding under this section. 20 (4) Anything done or existing in relation to the existing 21 proceeding continues and is taken to be done or existing in 22 relation to the proceeding under this Act. 23 (5) Without limiting subsection (4), a prescribed interim decision 24 of a former entity is taken to be a decision of QCAT and may 25 be enforced-- 26 (a) under chapter 2, part 7, division 4 as if it were a final 27 decision mentioned in that division; or 28 (b) if the former Act under which the prescribed interim 29 decision was made provides for enforcing the decision 30 Page 180

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 4 Conducting proceeding from former tribunal or continuing entity [s 271] in a different way--in the way the decision was 1 enforceable under the former Act. 2 Note-- 3 Section 252 provides for final decisions of former tribunals. 4 (6) Also, without limiting subsection (4) and subject to any 5 further decision by QCAT-- 6 (a) a notice given by the former entity to attend at a stated 7 hearing of the proceeding is taken to be a notice given 8 by QCAT under section 97(1)(a) to attend at a hearing at 9 the same time and place before QCAT; and 10 (b) a notice given by the former entity to produce a stated 11 document or other thing to the entity is taken to be a 12 notice given by QCAT under section 97(1)(b) to produce 13 the document or thing to QCAT. 14 Notes-- 15 1 See section 97(3) and (4) for fees and allowances payable to a 16 person who attends a hearing in compliance with a notice under 17 section 97(1)(a). 18 2 See sections 214 and 215 for consequences of failing to comply 19 with a notice under section 97. 20 (7) Further, without limiting subsection (4), a warrant issued 21 under the repealed Commercial and Consumer Tribunal Act 22 2003, section 79 that has not been executed at the 23 commencement continues to have effect according to its terms 24 as if-- 25 (a) a provision of this Act authorised QCAT to issue the 26 warrant and a police officer to execute it; and 27 (b) QCAT issued the warrant under that provision. 28 (8) Without limiting subsection (4), (5), (6) or (7), a reference in 29 an Act to a decision, act or omission of QCAT is taken to 30 include a reference to a decision, act or omission of a former 31 tribunal taken to be a decision, act or omission of QCAT under 32 subsection (4). 33 (9) This section is subject to sections 272, 273 and 274. 34 Page 181

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 4 Conducting proceeding from former tribunal or continuing entity [s 272] (10) In this section-- 1 prescribed interim decision, of a former entity, means-- 2 (a) an order or injunction of the former entity that has effect 3 for the duration of the proceeding or a shorter period; or 4 (b) a decision of the former entity requiring a person to pay 5 an amount to someone else that is made before the end 6 of the proceeding. 7 272 Time limits 8 (1) If a former Act fixes a period for something to be done in 9 relation to the existing proceeding, at the commencement the 10 fixed period continues to apply to the doing of the thing in 11 relation to the proceeding under this Act. 12 (2) Subsection (1) applies whether or not this Act, an enabling 13 Act or the rules state a shorter or longer period for the doing 14 of the thing in relation to a proceeding of the same kind under 15 this Act. 16 (3) However, QCAT may, on the application of a party to the 17 proceeding or on its own initiative, extend or shorten the 18 period fixed by the former Act to the extent the period could 19 have been extended or shortened under the former Act by the 20 former entity. 21 273 Withdrawal of existing proceeding 22 (1) If a former Act provides for the withdrawal of an existing 23 proceeding, from the commencement the withdrawal may be 24 made-- 25 (a) by filing a notice of withdrawal in the registry; but 26 (b) if the former Act limits the circumstances or period 27 within which the existing proceeding could have been 28 withdrawn under the former Act--only if the 29 withdrawal is within the limitations under the former 30 Act. 31 Page 182

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 4 Conducting proceeding from former tribunal or continuing entity [s 274] (2) If a former Act does not provide for the withdrawal of an 1 existing proceeding, the existing proceeding may be 2 withdrawn by withdrawing the application or referral for the 3 existing proceeding in the way stated in the rules for section 4 46(1) if-- 5 (a) QCAT gives leave for the withdrawal; and 6 (b) the withdrawal is made before the matter the subject of 7 the proceeding is heard and decided by QCAT. 8 (3) If a person withdraws an existing proceeding, the person can 9 not make a further application or referral, or request, require 10 or otherwise seek a further referral, relating to the same facts 11 or circumstances without leave of QCAT. 12 (4) In this section-- 13 withdrawal, of an existing proceeding, includes withdrawal of 14 an application or referral for the existing proceeding. 15 274 Related proceedings 16 (1) If a related proceeding for the existing proceeding has been 17 started under a former Act-- 18 (a) the related proceeding must be continued under the 19 former Act until it is finished; and 20 (b) the person who was conducting the related proceeding 21 under the former Act may continue to conduct it until it 22 is finished; and 23 (c) the former Act continues to apply in relation to the 24 related proceeding and the person conducting the related 25 proceeding as if-- 26 (i) for a former Act that has been repealed--the 27 former Act were still in force; or 28 (ii) for another former Act--the QCAT Amendment 29 Act had not been enacted. 30 (2) When the related proceeding is finished-- 31 Page 183

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 4 Conducting proceeding from former tribunal or continuing entity [s 275] (a) it is taken to have been conducted under this Act as if 1 this Act authorised or permitted the related proceeding 2 to be conducted; and 3 (b) QCAT must deal with the result of the related 4 proceeding in the way the former entity would have 5 been required to deal with the result under the former 6 Act if that Act were still in force. 7 (3) QCAT may make the orders or directions necessary or 8 convenient to facilitate dealing with the result of the related 9 proceeding under subsection (2)(b). 10 (4) In this section-- 11 related proceeding means a proceeding or other action taken 12 in relation to an existing proceeding, and includes-- 13 (a) mediation; and 14 (b) a pre-hearing conference (however named); and 15 (c) another alternative dispute resolution process; and 16 (d) an inquiry, examination or investigation. 17 Examples of inquiries or investigations-- 18 · an independent inquiry under the repealed Children 19 Services Tribunal Act 2000, part 5 20 · a medical examination under the repealed Children Services 21 Tribunal Act 2000, sections 106 and 107 22 · an investigation under the repealed Misconduct Tribunals 23 Act 1997, section 27 24 275 Inconsistencies and other difficulties 25 (1) If a provision of this Act or an enabling Act is inconsistent 26 with QCAT's ability to perform a function under a former Act 27 in relation to the proceeding, for the purpose of performing 28 the function to the fullest extent practicable QCAT may 29 disregard the inconsistent provision. 30 (2) Without limiting subsection (1), to the extent that this Act or 31 an enabling Act does not provide or sufficiently provide for 32 Page 184

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 5 Other transitional provisions [s 276] the transition from the application of the former Act to the 1 application of this Act to the proceeding, QCAT has all 2 necessary or convenient powers to provide for the transition, 3 including by making an order or giving a direction about 4 QCAT's practices, procedures or powers in relation to the 5 proceeding. 6 (3) In making an order or giving a direction under subsection (2), 7 QCAT must, so far as is practicable, ensure the order or 8 direction does not cause prejudice or detriment to a party and 9 causes the least inconvenience to QCAT and the parties. 10 (4) An order under subsection (2) has effect despite any Act or 11 law. 12 (5) QCAT may make an order or give a direction under subsection 13 (2) on the application of a party to the proceeding or on its 14 own initiative. 15 (6) QCAT's powers under subsection (2) are exercisable only by a 16 judicial member. 17 Part 5 Other transitional provisions 18 276 Information notices 19 (1) This section applies in relation to a reviewable decision made 20 before the commencement if-- 21 (a) immediately before the commencement, a person could, 22 under a former Act, have applied for a review of the 23 decision by, or appeal against the decision to, a former 24 tribunal or continuing entity; and 25 (b) at the commencement-- 26 (i) the person has not made the application or appeal; 27 and 28 Page 185

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 5 Other transitional provisions [s 276] (ii) the period within which the application or appeal 1 could have been made under the former Act has 2 not passed. 3 (2) The person who made the decision (the decision-maker) must 4 give the person mentioned in subsection (1)(a) a written 5 notice stating the following-- 6 (a) the decision; 7 (b) the reasons for the decision; 8 Note-- 9 See the Acts Interpretation Act 1954, section 27B (Content of 10 statement of reasons for decision). 11 (c) from the commencement, the person has a right to have 12 the decision reviewed by QCAT under this chapter; 13 (d) how, and the period within which, the person may apply 14 for the review; 15 (e) any right the person has to have the operation of the 16 decision stayed under this chapter. 17 (3) The decision-maker is taken to have complied with subsection 18 (2) if, before the commencement, the decision-maker gave the 19 person a written notice stating the matters mentioned in 20 subsection (2)(a) to (e). 21 (4) Subsection (3) applies whether or not the written notice was 22 combined with a written notice given under the former Act 23 stating the person's right, before the commencement, to have 24 the decision reviewed by, or to appeal against the decision to, 25 a former tribunal or continuing entity. 26 (5) A failure to comply with subsection (2) does not affect the 27 validity of the reviewable decision. 28 (6) In this section-- 29 reviewable decision means a decision of a kind that, if it were 30 made after the commencement, would be a reviewable 31 decision to which section 157 applies. 32 Page 186

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 5 Other transitional provisions [s 277] 277 Initial rules 1 Section 224(2) does not apply to the rules made under this Act 2 commencing at the commencement. 3 278 Transitional regulation-making power 4 (1) A regulation (a transitional regulation) may make provision 5 of a saving or transitional nature-- 6 (a) for which it is necessary to make provision to allow or 7 facilitate the doing of anything to achieve the change 8 from the operation of a former Act, or another Act as in 9 force before the commencement, to the operation of this 10 Act or an enabling Act as in force after the 11 commencement; and 12 (b) for which this Act or an enabling Act does not make 13 provision or sufficient provision. 14 (2) Without limiting subsection (1), a transitional regulation 15 may-- 16 (a) continue the operation of a repealed provision; or 17 (b) confer jurisdiction on the tribunal to deal with a 18 particular matter. 19 (3) A transitional regulation may have retrospective operation to a 20 day not earlier than the commencement. 21 (4) A transitional regulation must declare it is a transitional 22 regulation. 23 (5) This section and a transitional regulation expire at the end of 2 24 years after the commencement. 25 (6) In this section-- 26 repealed provision means-- 27 (a) a provision of an Act repealed by section 243; or 28 (b) a provision that is repealed by the QCAT Amendment 29 Act. 30 Page 187

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Chapter 7 Transitional provisions Part 5 Other transitional provisions [s 279] 279 Effect of subordinate legislation amendments in QCAT 1 Amendment Act 2 The amendment of subordinate legislation by the QCAT 3 Amendment Act does not affect the power of the entity that 4 made the subordinate legislation to further amend the 5 subordinate legislation or to repeal it. 6 Page 188

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 1 Schedule 1 Former tribunals 1 section 244, definition former tribunal 2 1 the Anti-Discrimination Tribunal established under the 3 Anti-Discrimination Act 1991, section 247, as in force before 4 the commencement of this schedule 5 2 the Children Services Tribunal established under the repealed 6 Children Services Tribunal Act 2000, section 8 7 3 the Commercial and Consumer Tribunal established under the 8 repealed Commercial and Consumer Tribunal Act 2003, 9 section 6 10 4 the Teachers Disciplinary Committee established under the 11 Education (Queensland College of Teachers) Act 2005, 12 section 124, as in force before the commencement of this 13 schedule 14 5 a panel of referees convened under the Fire and Rescue 15 Service Act 1990, section 104SC, as in force before the 16 commencement of this schedule 17 6 the Fisheries Tribunal established under the Fisheries Act 18 1994, section 185, as in force before the commencement of 19 this schedule 20 7 the Guardianship and Administration Tribunal established 21 under the Guardian and Administration Tribunal Act 2000, 22 section 81, as in force before the commencement of this 23 schedule 24 8 the Health Practitioners Tribunal established under the Health 25 Practitioners (Professional Standards) Act 1999, section 26, 26 as in force before the commencement of this schedule 27 9 the Legal Practice Tribunal continued in existence under the 28 Legal Profession Act 2007, section 599, as in force before the 29 commencement of this schedule 30 10 an appeal tribunal formed under the Local Government Act 31 1993, section 942, as in force before the commencement of 32 this schedule 33 Page 189

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 1 11 a misconduct tribunal established under the repealed 1 Misconduct Tribunals Act 1997, section 11 2 12 the Nursing Tribunal as continued under the Nursing Act 3 1992, section 84, as in force before the commencement of this 4 schedule 5 13 the Racing Appeals Tribunal established under the Racing Act 6 2002, section 150, as in force before the commencement of 7 this schedule 8 14 a retail shop lease tribunal appointed under the Retail Shop 9 Leases Act 1994, section 66A or 90, as in force before the 10 commencement of this schedule 11 15 a small claims tribunal constituted under the repealed Small 12 Claims Tribunals Act 1973, section 11 13 16 a surveyors disciplinary committee established under the 14 Surveyors Act 2003, section 94, as in force before the 15 commencement of this schedule 16 17 a committee appointed under the Valuers Registration Act 17 1992, section 50, as in force before the commencement of this 18 schedule 19 18 the Veterinary Tribunal of Queensland constituted under the 20 Veterinary Surgeons Act 1936, section 15A, as in force before 21 the commencement of this schedule 22 Page 190

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 2 Schedule 2 Subject matter for rules 1 section 224 2 1 Functions of principal registrar and registrars 3 The functions of the principal registrar and registrars. 4 2 Divisions and lists of the tribunal 5 (1) Establishing divisions of the tribunal and lists within the 6 divisions. 7 (2) Operational and procedural matters about the lists within the 8 divisions of the tribunal. 9 3 Constitution of the tribunal 10 (1) Constitution of the tribunal for particular classes of matters. 11 (2) The hearing and deciding of matters by an adjudicator. 12 4 Starting proceedings 13 (1) Applications or referrals to the tribunal, including, for 14 example-- 15 (a) the form of the application or referral; and 16 (b) the way applications or referrals by groups of 17 individuals or businesses are to be made. 18 (2) Bringing proceedings against a person who carries on a 19 business under a name or style other than the person's own 20 name, whether or not the name or style is registered under the 21 Business Names Act 1962. 22 (3) The conditions that may be imposed on the acceptance of an 23 application or referral under chapter 2, part 3, including, for 24 example-- 25 (a) requiring that notice of the application or referral be 26 given to a stated person in a stated way; and 27 Page 191

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 2 (b) requiring that the application or referral be amended in a 1 stated way and the amended application or referral be 2 filed in the registry within a stated period. 3 5 Transfers of matters and appeals 4 Matters to be taken into account for, and the regulation of-- 5 (a) the transfer of a matter from the tribunal to another 6 tribunal, a court or another entity under section 52; or 7 (b) the transfer of an appeal from the appeal tribunal to the 8 Court of Appeal under section 144. 9 6 Representation 10 (1) How a party that is not an individual may appear before the 11 tribunal. 12 (2) Parties who may be represented by someone else in a 13 proceeding. 14 (3) Persons who are disqualified from representing a party to a 15 proceeding. 16 Note-- 17 See section 224(3) for who may be disqualified from representing a 18 party to a proceeding. 19 7 Service of notices or other documents 20 (1) Additional persons who must be given a notice or other 21 document under this Act or an enabling Act. 22 (2) The period within which a notice or document must be given. 23 (3) The way a notice or document must or may be given, 24 including substituted service. 25 (4) Exemption from the requirement to give a copy of an 26 application or referral to a particular person. 27 Page 192

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 2 8 Responses to applications 1 Responses to an application or referral to the tribunal, 2 including-- 3 (a) restrictions on the making of responses for particular 4 classes of matters; and 5 (b) the way a response must be made, including, for 6 example, the way a response to a proceeding brought 7 against a person under a name or style other than the 8 person's own name must be made; and 9 (c) the period within which a response must be made. 10 9 Ending proceedings early 11 (1) Ending a proceeding or a part of a proceeding early, including, 12 for example, the following-- 13 (a) withdrawal of an application or referral; 14 (b) withdrawal of a response to an application or referral; 15 (c) dismissal or striking out of a proceeding or a part of a 16 proceeding, or deciding of a proceeding early, including 17 how an application for the dismissal, striking out or 18 decision must be made; 19 (d) decisions by default, including how an application for a 20 decision by default must be made; 21 (e) agreements to settle arising out of a compulsory 22 conference or mediation; 23 (f) offers to settle and acceptance of offers to settle. 24 (2) Rules under subsection (1)(a) may provide for the 25 following-- 26 (a) the applicant giving written notice of the withdrawal to 27 other parties to the proceeding; 28 (b) tribunal orders requiring the applicant to pay all, or a 29 part of, the costs of other parties to the proceeding; 30 (c) refunding fees for the application or referral. 31 Page 193

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 2 10 Documents or evidence to be filed or produced 1 (1) Documents required to be filed in the registry before a 2 compulsory conference, mediation or a hearing of a 3 proceeding. 4 (2) Documents or evidence required to be produced at a 5 compulsory conference, mediation or a hearing of a 6 proceeding. 7 11 Disclosure 8 Disclosure by parties and non-parties, including disclosure 9 and inspection of documents. 10 12 Evidence 11 The taking of evidence, including-- 12 (a) the way evidence may be given (including the use of 13 technology); and 14 (b) notices to attend and produce documents; and 15 (c) statements and the use of correspondence; and 16 (d) alternative ways the tribunal may information itself; and 17 (e) calling witnesses. 18 13 Compulsory conferences 19 Compulsory conferences generally, including-- 20 (a) the way a compulsory conference must be conducted; 21 and 22 (b) confidentiality agreements. 23 14 Mediation 24 Mediation generally, including-- 25 (a) the persons who are appropriate to be a mediator by 26 reference to qualifications and experience; and 27 Page 194

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 2 (b) the way mediation must be conducted; and 1 (c) confidentiality agreements. 2 15 Reserved decisions 3 The period for which the tribunal may reserve its decision in a 4 proceeding. 5 16 Hearings 6 (1) The way an expedited hearing must be conducted. 7 (2) The form or content of notices of a hearing. 8 17 Costs 9 Costs generally, including-- 10 (a) additional circumstances for which costs may be 11 awarded; and 12 (b) the way costs are to be assessed, including by reference 13 to a scale of costs; and 14 (c) the way security for a party's costs must be given and 15 the way the security must be dealt with if the tribunal 16 makes an order requiring the party to pay all or a part of 17 the costs of another party. 18 18 Renewing final decision 19 Practices and procedure for renewing the tribunal's final 20 decision in a proceeding under chapter 2, part 7, division 5, 21 including, the period within which, and the way, a party to a 22 proceeding may apply to the tribunal for a renewal of the final 23 decision. 24 19 Correcting mistakes 25 Correcting mistakes under section 135, including the way, and 26 the period within which, a party may apply to the tribunal to 27 make the correction. 28 Page 195

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 2 20 Reopening proceedings 1 Practices and procedure for hearing and deciding a proceeding 2 that has been reopened under chapter 2, part 7, division 7, 3 including-- 4 (a) the period within which, and the way, a party to a 5 proceeding may apply to the tribunal for the proceeding 6 to be reopened; and 7 (b) the period within which a party to a proceeding may 8 make written submissions in response to an application 9 of another party for the proceeding to be reopened. 10 21 Appeals 11 (1) Giving of leave to appeal. 12 (2) Appeals generally, including the way they must be heard. 13 22 Applying court rules about contempt 14 The application of the Uniform Civil Procedure Rules 1999 to 15 the tribunal punishing a contempt under section 219, 16 including changes to the rules to apply them to the tribunal. 17 23 Register of proceedings 18 The register of proceedings kept under section 229, 19 including-- 20 (a) the form and content of the register; and 21 (b) procedures for inspecting the register or obtaining 22 copies of a part of the register. 23 24 Electronic transmissions etc. 24 Filing, receipt, service, issue or transmission electronically of 25 approved forms and other documents and material for use in, 26 or in connection with, proceedings, including electronic 27 representations or equivalents of seals, stamps and signatures 28 and their validity. 29 Page 196

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 Schedule 3 Dictionary 1 section 8 2 adjudicator means a person appointed as an adjudicator under 3 section 198. 4 appeal tribunal means the tribunal constituted, or to be 5 constituted, under section 165 for the purpose of-- 6 (a) hearing and deciding an appeal against-- 7 (i) a decision of the tribunal; or 8 (ii) a decision of another entity under an enabling Act 9 for which the enabling Act confers appeal 10 jurisdiction on the tribunal; or 11 (b) deciding an application for leave to appeal against a 12 decision mentioned in paragraph (a)(i) or (ii). 13 applicant means-- 14 (a) for an application or a proceeding to be started on 15 application--the person who makes the application; or 16 (b) for a referral or a proceeding to be started on referral-- 17 (i) the person who makes the referral; or 18 (ii) if the enabling Act under which the referral is 19 made states another person is the applicant for the 20 referral or proceeding--the person stated in the 21 enabling Act. 22 application means an application to the tribunal under this 23 Act or an enabling Act. 24 assessor means an assessor appointed under section 110. 25 Australian lawyer has the meaning given by the Legal 26 Profession Act 2007. 27 child means an individual under 18 years. 28 commencement, for chapter 7, see section 244. 29 Page 197

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 compulsory conference means a compulsory conference 1 under chapter 2, part 6, division 2. 2 constitute, the tribunal, in relation to a member, means to 3 constitute the tribunal whether by sitting alone or with other 4 members. 5 consumer means an individual-- 6 (a) who buys or hires goods other than-- 7 (i) for resale or letting on hire; or 8 (ii) in a trade or business carried on by the individual; 9 or 10 (iii) as a member of a business partnership; or 11 (b) for whom services are supplied for fee or reward other 12 than-- 13 (i) in a trade or business carried on by the individual; 14 or 15 (ii) as a member of a business partnership; or 16 (c) who is or was the tenant of premises let to the individual 17 as a dwelling other than for-- 18 (i) assigning or subletting the premises to someone 19 else; or 20 (ii) a trade or business carried on by the individual. 21 continuing entity, for chapter 7, see section 244. 22 contract includes all agreements, whether written or oral. 23 cost-amount decision means a decision of the tribunal about 24 the amount of costs fixed or assessed by it under section 107. 25 costs order means an order awarding costs. 26 criminal history, of a person, means the person's criminal 27 history within the meaning of the Criminal Law 28 (Rehabilitation of Offenders) Act 1986 and-- 29 (a) despite section 6 of that Act, includes a conviction of the 30 person to which the section applies; and 31 Page 198

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 (b) despite section 5 of that Act, includes a charge made 1 against the person for an offence. 2 deal with, a matter, includes hear and decide the matter. 3 decision, of the tribunal-- 4 (a) means-- 5 (i) an order made or direction given by the tribunal; or 6 (ii) the tribunal's final decision in a proceeding; and 7 (b) for chapter 7--see section 244. 8 decision by default see section 50(2). 9 decision-maker, for a reviewable decision, see section 17(2). 10 deputy president means the deputy president of the tribunal. 11 enabling Act-- 12 (a) generally--see section 6(2); or 13 (b) for chapter 7--see section 244. 14 existing court proceeding, for chapter 7, see section 244. 15 existing proceeding, for chapter 7, see section 244. 16 existing tribunal proceeding, for chapter 7, see section 244. 17 final decision, of the tribunal in a proceeding-- 18 (a) means the tribunal's decision that finally decides the 19 matters the subject of the proceeding; and 20 (b) for chapter 2, part 7, division 4--see section 129. 21 final decision, of a former tribunal or a court in a proceeding, 22 for chapter 7, see section 244. 23 former Act, for chapter 7, see section 244. 24 former entity, for chapter 7, part 4, see section 270. 25 former judge means-- 26 (a) a former Supreme Court judge or District Court judge; 27 or 28 Page 199

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 (b) a former judge of a court of the Commonwealth or 1 another State, other than a magistrates court of the 2 Commonwealth or another State. 3 former tribunal, for chapter 7, see section 244. 4 function includes power. 5 goods includes everything that is the subject of trade or 6 manufacture or merchandise. 7 hearing, for chapter 2, part 7, division 7, see section 137. 8 impaired capacity has the meaning under the Guardianship 9 and Administration Act 2000. 10 judicial member-- 11 (a) means-- 12 (i) the president; or 13 (ii) the deputy president; or 14 (iii) a supplementary member who is a Supreme Court 15 judge or District Court judge; and 16 (b) for the exercise of a power of the tribunal to make an 17 order or give a direction--includes a senior member or 18 ordinary member who is a former judge and is 19 nominated by the president to exercise the power. 20 legally qualified member means-- 21 (a) a judicial member; or 22 (b) an ordinary member or supplementary member who is a 23 magistrate; or 24 (c) a senior member or ordinary member who is an 25 Australian lawyer of at least 6 years standing. 26 mediator means a person who conducts mediation under this 27 Act. 28 member-- 29 (a) generally--means a member of the tribunal under 30 section 171; or 31 (b) for chapter 7--see section 244. 32 Page 200

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 minor civil dispute-- 1 1 Minor civil dispute means-- 2 (a) a claim to recover a debt or liquidated demand of 3 money, with or without interest, of up to the 4 prescribed amount; or 5 (b) a claim arising out of a contract between a 6 consumer and trader, or a contract between 2 or 7 more traders, that is-- 8 (i) for payment of money of a value not more 9 than the prescribed amount; or 10 (ii) for relief from payment of money of a value 11 not more than the prescribed amount; or 12 (iii) for performance of work of a value not more 13 than the prescribed amount to rectify a defect 14 in goods supplied or services provided; or 15 (iv) for return of goods of a value not more than 16 the prescribed amount; or 17 (v) for a combination of any 2 or more claims 18 mentioned in subparagraphs (i) to (iv) where 19 the total value of the combined claim is not 20 more than the prescribed amount; or 21 (c) a claim for an amount of not more than the 22 prescribed amount for damage to property caused 23 by, or arising out of the use of, a vehicle; or 24 (d) a claim for repair of a defect in a motor vehicle 25 under the Property Agents and Motor Dealers Act 26 2000, section 248 or 324; or 27 Editor's note-- 28 Property Agents and Motor Dealers Act 2000, section 248 29 (Warrantor's failure to repair) or 324 (Warrantor's failure to 30 repair) 31 (e) a tenancy matter; or 32 (f) a claim that is the subject of a dispute under the 33 Dividing Fences Act 1953 and is for an amount not 34 more than the prescribed amount. 35 Page 201

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 2 However, if an enabling Act confers jurisdiction on the 1 tribunal to deal with a claim (however called) within the 2 meaning of paragraph 1(a), the claim is not a minor civil 3 dispute unless the enabling Act expressly states it is a 4 minor civil dispute. 5 monetary decision means a decision of the tribunal in a 6 proceeding requiring a person to pay an amount to someone 7 else, whether or not the decision is, or is a part of, the 8 tribunal's final decision in the proceeding. 9 non-publication order means-- 10 (a) an order under section 66; or 11 (b) a confidentiality order under the Adoption of Children 12 Act 1964, section 36M(1); or 13 (c) a confidentiality order under the Child Protection Act 14 1999, section 99ZD(1); or 15 (d) a non-publication order or confidentiality order under 16 the Guardianship and Administration Act 2000; or 17 (e) an order under the Legal Profession Act 2007, section 18 656D(1) or (4). 19 official means-- 20 (a) a member; or 21 (b) an adjudicator; or 22 (c) a mediator; or 23 (d) an assessor; or 24 (e) the chief executive; or 25 (f) the principal registrar; or 26 (g) a registrar. 27 ordinary member means an ordinary member of the tribunal. 28 outside Queensland includes in a foreign country. 29 pending proceeding, for chapter 7, see section 245. 30 perform a function includes exercise a power. 31 Page 202

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 prescribed amount means-- 1 (a) the amount prescribed under a regulation; or 2 (b) if a regulation does not prescribe an amount--$7500. 3 prescribed fee means a fee prescribed under a regulation. 4 president means the president of the tribunal. 5 presiding member see section 170. 6 principal registrar means the principal registrar of the 7 registry. 8 proceeding-- 9 (a) generally--means a proceeding before the tribunal, 10 including an appeal before the appeal tribunal and a 11 proceeding relating to an application for leave to appeal 12 to the appeal tribunal; or 13 (b) for chapter 7--see section 244. 14 QCAT, for chapter 7, see section 244. 15 QCAT Amendment Act, for chapter 7, see section 244. 16 QCAT matter, for chapter 7, see section 244. 17 referral means a referral of a matter to the tribunal under this 18 Act or an enabling Act. 19 registry see section 207. 20 registry staff member means a member of the administrative 21 staff of the registry other than the principal registrar or a 22 registrar. 23 reopening ground, for chapter 2, part 7, division 7, see 24 section 137. 25 reviewable decision see section 17(2). 26 rules means rules made under section 224. 27 rules committee means the rules committee established under 28 section 223. 29 senior member means a senior member of the tribunal. 30 Page 203

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 spent conviction means a conviction-- 1 (a) for which the rehabilitation period under the Criminal 2 Law (Rehabilitation of Offenders) Act 1986 has expired 3 under that Act; and 4 (b) that is not revived as prescribed by section 11 of that 5 Act. 6 State agency means-- 7 (a) the State, a Minister or a person representing the State; 8 or 9 (b) a government entity within the meaning of the 10 Government Owned Corporations Act 1993 or the chief 11 executive of a government entity; or 12 (c) a local government or a chief executive officer of a local 13 government; or 14 (d) a statutory authority or another entity established under 15 an Act or the holder of a statutory office. 16 supplementary member means a supplementary member of 17 the tribunal. 18 tenancy matter means a matter in relation to which a person 19 may, under the Residential Tenancies and Rooming 20 Accommodation Act 2008, apply to the tribunal for a decision. 21 the tribunal means the Queensland Civil and Administrative 22 Tribunal established under section 161. 23 Note-- 24 See also section 165. 25 trader-- 26 1 A trader-- 27 (a) means a person who in trade or commerce-- 28 (i) carries on a business of supplying goods or 29 providing services; or 30 (ii) regularly holds himself, herself or itself out 31 as ready to supply goods or to provide 32 services of a similar nature; and 33 Page 204

 


 

Queensland Civil and Administrative Tribunal Bill 2009 Schedule 3 (b) includes a person who is or was the landlord of 1 premises let to a tenant as a dwelling other than 2 for-- 3 (i) assigning or subletting the dwelling to 4 someone else; or 5 (ii) a trade or business carried on by the tenant. 6 2 However, a person is not a trader in relation to goods or 7 services if in supplying the goods or providing the 8 services-- 9 (a) the person acts in the exercise of a discipline that is 10 not ordinarily regarded as within the field of trade 11 or commerce; or 12 (b) the person is giving effect to the instructions of 13 someone else who in providing the instructions 14 acts in the exercise of a discipline that is not 15 ordinarily regarded as within the field of trade or 16 commerce, and the goods supplied or the services 17 provided are in all respects in accordance with the 18 instructions. 19 © State of Queensland 2009 Page 205

 


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