Queensland Civil and Administrative Tribunal Act 2009 (Qld)

Queensland Civil and Administrative Tribunal Act 2009

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

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Queensland Civil and Administrative Tribunal Act 2009.

2   Commencement

(1)This Act, other than section 277A, commences on a day to be fixed by proclamation.

(2)Section 277A commences on the day of assent of the State Penalties Enforcement and Other Legislation Amendment Act 2009.

3   Objects

The objects of this Act are—

(a)to establish an independent tribunal to deal with the matters it is empowered to deal with under this Act or an enabling Act; and

(b)to have the tribunal deal with matters in a way that is accessible, fair, just, economical, informal and quick; and

(c)to promote the quality and consistency of tribunal decisions; and

(d)to enhance the quality and consistency of decisions made by decision-makers; and

(e)to enhance the openness and accountability of public administration.

4   Tribunal’s functions relating to the objects

To achieve the objects of this Act, the tribunal must—

(a)facilitate access to its services throughout Queensland; and

(b)encourage the early and economical resolution of disputes before the tribunal, including, if appropriate, through alternative dispute resolution processes; and

(c)ensure proceedings are conducted in an informal way that minimises costs to parties, and is as quick as is consistent with achieving justice; and

(d)ensure like cases are treated alike; and

(e)ensure the tribunal is accessible and responsive to the diverse needs of persons who use the tribunal; and

(f)maintain specialist knowledge, expertise and experience of members and adjudicators; and

(g)ensure the appropriate use of the knowledge, expertise and experience of members and adjudicators; and

(h)encourage members and adjudicators to act in a way that promotes the collegiate nature of the tribunal; and

(i)maintain a cohesive organisational structure.

5   Act binds all persons

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

6   Relationship between this Act and enabling Acts generally

(1)This Act provides for the tribunal’s jurisdiction and related functions, and the practices and procedures for proceedings before the tribunal.

(2)An enabling Act is—

(a)an Act, other than this Act, that confers original, review or appeal jurisdiction on the tribunal; or

(b)subordinate legislation, other than subordinate legislation under this Act, that confers review jurisdiction on the tribunal.

(3)An enabling Act conferring original jurisdiction on the tribunal will generally state the tribunal’s functions in the jurisdiction, which may add to, otherwise vary, or exclude functions stated in this Act.

(4)An enabling Act that is an Act conferring review jurisdiction on the tribunal may state the tribunal’s functions in the jurisdiction, which may add to, otherwise vary, or exclude functions stated in this Act.

(5)An enabling Act conferring review jurisdiction on the tribunal may also confer jurisdiction on the tribunal to stay a decision made under the enabling Act while the decision is being reviewed under the enabling Act by an entity other than the tribunal.

(6)An enabling Act conferring appeal jurisdiction on the tribunal may state the tribunal’s functions in the jurisdiction, which may add to, otherwise vary, or exclude functions stated in this Act.

(7)An enabling Act that is an Act may also include provisions about the following matters, which may add to, otherwise vary, or exclude provisions of this Act about the matters—

(a)requirements about applications, referrals or appeals for jurisdiction conferred by the enabling Act;

Examples—

•the period within which an application, referral or appeal must be made

•documents required to accompany an application, referral or appeal

(b)the conduct of proceedings for jurisdiction conferred by the enabling Act, including practices and procedures, and the tribunal’s powers, for the proceedings;

Examples—

•the availability or non-availability of stays of the operation of a decision the subject of a proceeding

•persons who must be notified of a proceeding, a hearing of a proceeding or the tribunal’s decision in a proceeding

•additional persons who are a party to a proceeding

•persons who may be represented in a proceeding without the tribunal’s leave

•hearings that must be held in private

(c)the enforcement of the tribunal’s decisions in a proceeding for jurisdiction conferred by the enabling Act.

(8)This section does not limit another provision of this Act authorising an enabling Act to provide for a particular matter.

(9)To remove any doubt, it is declared that an enabling Act that is subordinate legislation—

(a)may only confer jurisdiction, including jurisdiction to stay a decision, on the tribunal; and

(b)can not add to, otherwise vary, or exclude anything provided in this Act or an enabling Act that is an Act.

7   Application of Act if modifying provision in enabling Act

(1)This section applies if a provision of an enabling Act (the modifying provision) provides for—

(a)the tribunal’s functions in jurisdiction conferred by the enabling Act; or

(b)a matter mentioned in section 6(7).

(2)The modifying provision prevails over the provisions of this Act, to the extent of any inconsistency between them.

(3)This Act must be read, with any necessary changes, as if the modifying provision were a part of this Act.

(4)Without limiting subsection (3)—

(a)in a provision of this Act relating to a person starting a proceeding, a reference to the person doing something under this Act is taken to be a reference to the person doing the thing under this Act or a modifying provision; and

(b)in a provision of this Act relating to the tribunal conducting a proceeding, a reference to the tribunal doing something under this Act is taken to be a reference to the tribunal doing the thing under this Act or a modifying provision.

(5)This section does not prevent an enabling Act from expressly stating how this Act applies in relation to the modifying provision, including, for example, by stating that stated provisions of this Act do not apply, or apply subject to stated variations.

(6)In this section—

enabling Act means an enabling Act that is an Act.

8   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

Chapter 2    Jurisdiction and procedure

Part 1    Jurisdiction of tribunal

Division 1 Preliminary

9   Jurisdiction generally

(1)The tribunal has jurisdiction to deal with matters it is empowered to deal with under this Act or an enabling Act.

(2)Jurisdiction conferred on the tribunal is—

(a)original jurisdiction; or

(b)review jurisdiction; or

(c)appeal jurisdiction.

(3)Without limiting the Acts Interpretation Act 1954, section 49A, an enabling Act confers jurisdiction on the tribunal to deal with a matter if the enabling Act provides for an application, referral or appeal to be made to the tribunal in relation to the matter.

(4)The tribunal may do all things necessary or convenient for exercising its jurisdiction.

Division 2 Original jurisdiction

10   Generally

(1)The tribunal’s original jurisdiction is—

(a)the jurisdiction conferred on the tribunal by section 11; and

(b)the jurisdiction conferred on the tribunal under an enabling Act to decide a matter in the first instance.

(2)The tribunal’s original jurisdiction under subsection (1)(b) includes jurisdiction conferred on the tribunal under an enabling Act to review a decision of the tribunal made under the enabling Act.

Note—

See, for example, the Guardianship and Administration Act 2000, chapter 3, part 3, division 2.

11   Jurisdiction for minor civil disputes

The tribunal has jurisdiction to hear and decide a minor civil dispute.

11A   Calculating whether amount, value, damage or sum is more than particular monetary limits

(1)In determining whether the tribunal has original jurisdiction for a matter, the following amounts must not be considered in calculating whether an amount, value, damage or sum claimed, or sought to be recovered, in the matter is more than the monetary limit for the matter—

(a)an amount of interest that is payable as of right whether because of a law, agreement or otherwise;

(b)an amount of interest that may be awarded by the tribunal, including, for example, an amount of interest that may be awarded under section 14.

(2)However, this section does not apply in relation to a matter the tribunal may decide under an enabling Act in the first instance if the enabling Act provides that an amount mentioned in subsection (1)(a) or (b) must or may be considered in making the calculation mentioned in subsection (1).

(3)In this section—

monetary limit means—

(a)for a minor civil dispute—the prescribed amount; or

(b)for a matter the tribunal may decide under an enabling Act other than a minor civil dispute—an amount that, under the enabling Act, the amount, value, damage or sum claimed, or sought to be recovered, in the matter must not exceed.

12   When jurisdiction for minor civil dispute exercised

(1)The tribunal may exercise its jurisdiction for a minor civil dispute if a relevant person has, under this Act, applied to the tribunal to deal with the dispute.

(2)A relevant person may, as provided for in subsection (3), agree to limit the person’s claim to the prescribed amount in order to bring the claim within the tribunal’s jurisdiction for a minor civil dispute.

(3)A relevant person limits the person’s claim to the prescribed amount by applying to the tribunal to deal with the claim as a minor civil dispute.

(4)In this section—

relevant person means—

(a)for a claim to recover a debt or liquidated demand of money—a person to whom the debt is owed or money is payable; or

(b)subject to paragraphs (c) to (f), for a claim arising out of a contract between a consumer and a trader—the consumer; or

(c)for a claim arising out of a contract between 2 or more traders—any of the traders; or

(d)for a claim for payment of an amount for damage to property caused by, or arising out of the use of, a vehicle—a person incurring loss because of the damage; or

(e)for a tenancy matter—a person who, under the Residential Tenancies and Rooming Accommodation Act 2008, may apply to the tribunal for a decision in relation to the matter; or

(f)for a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011—a party to the dispute; or

(g)for a matter under the Building Act 1975, chapter 8, part 2A—a person who, under the Building Act 1975, chapter 8, part 2A may apply to the tribunal for a decision in relation to the matter.

13   Deciding minor civil dispute generally

(1)In a proceeding for a minor civil dispute, the tribunal must make orders that it considers fair and equitable to the parties to the proceeding in order to resolve the dispute but may, if the tribunal considers it appropriate, make an order dismissing the application.

(2)For subsection (1), the tribunal may make only the following final decisions to resolve the dispute—

(a)for a claim mentioned in schedule 3, definition minor civil dispute, paragraph 1(a), (b) or (c)—

(i)an order requiring a party to the proceeding to pay a stated amount to a stated person; or

(ii)an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant; or

(iii)an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in goods or services to which the claim relates; or

(iv)an order requiring a party to the proceeding to return goods that relate to the claim and are in the party’s possession or control to a stated person; or

(v)an order combining 2 or more orders mentioned in subparagraphs (i) to (iv);

(b)for a tenancy matter—a decision the tribunal may make in relation to the matter under the Residential Tenancies and Rooming Accommodation Act 2008;

(c)for a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011—a decision or order the tribunal may make in relation to the matter under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011;

(d)for a claim that is the subject of a dispute under the Building Act 1975, chapter 8, part 2A—a decision or order the tribunal may make in relation to the matter under the Building Act 1975, chapter 8, part 2A.

(3)However, the tribunal can not make an order or decision under subsection (2) that—

(a)purports to require payment of an amount, performance of work or return of goods of a value of more than the prescribed amount; or

(b)purports to grant relief of a value of more than the prescribed amount from the payment of an amount; or

(c)combines 2 or more orders mentioned in subsection (2)(a)(i) to (iv) and purports to award or declare entitlements or benefits (or both) of a total value of more than the prescribed amount.

(4)Subsection (3) does not apply to a claim that is the subject of a dispute under the Building Act 1975, chapter 8, part 2A.

(5)For subsection (3), the following amounts must not be considered in calculating whether an amount or value is more than the prescribed amount—

(a)an amount of interest that is payable as of right whether because of a law, agreement or otherwise;

(b)an amount of interest that may be awarded by the tribunal, including, for example, an amount of interest that may be awarded under section 14.

14   Awarding interest for minor civil dispute

(1)This section applies in relation to a minor civil dispute involving a claim to recover a debt or liquidated demand of money.

(2)However, this section does not apply in relation to a minor civil dispute involving a claim to recover a debt or liquidated demand of money on which interest is payable as of right whether because of an agreement or otherwise.

(3)The tribunal may order that there be included in the amount payable under the tribunal’s order under section 13 for the dispute interest at the rate the tribunal considers appropriate—

(a)for all or part of the amount; and

(b)for all or part of the period between the date when the dispute arose and the date the tribunal made its order under section 13.

(4)This section does not authorise the giving of interest on interest.

15   When jurisdiction conferred by enabling Act exercised

The tribunal may exercise its original jurisdiction conferred by an enabling Act if—

(a)a person has, under this Act, applied to the tribunal to exercise its original jurisdiction; or

(b)a person has, under this Act, referred a matter to the tribunal to exercise its original jurisdiction.

16   Functions for jurisdiction conferred by enabling Act

In exercising its original jurisdiction conferred by an enabling Act, the tribunal may perform the functions conferred on the tribunal by this Act or the enabling Act.

Division 3 Review jurisdiction

17   Generally

(1)The tribunal’s review jurisdiction is the jurisdiction conferred on the tribunal by an enabling Act to review a decision made or taken to have been made by another entity under that Act.

(2)For this Act, a decision mentioned in subsection (1) is a reviewable decision and the entity that made or is taken to have made the decision is the decision-maker for the reviewable decision.

18   When review jurisdiction exercised

(1)The tribunal may exercise its review jurisdiction if a person has, under this Act, applied to the tribunal to exercise its review jurisdiction for a reviewable decision.

(2)A person may apply to the tribunal to exercise its review jurisdiction for a reviewable decision, and the tribunal may deal with the application, even if the decision is also the subject of a complaint, preliminary inquiry or investigation under the Ombudsman Act 2001.

19   Exercising review jurisdiction generally

In exercising its review jurisdiction, the tribunal—

(a)must decide the review in accordance with this Act and the enabling Act under which the reviewable decision being reviewed was made; and

(b)may perform the functions conferred on the tribunal by this Act or the enabling Act under which the reviewable decision being reviewed was made; and

(c)has all the functions of the decision-maker for the reviewable decision being reviewed.

20   Review involves fresh hearing

(1)The purpose of the review of a reviewable decision is to produce the correct and preferable decision.

(2)The tribunal must hear and decide a review of a reviewable decision by way of a fresh hearing on the merits.

21   Decision-maker must help tribunal

(1)In a proceeding for the review of a reviewable decision, the decision-maker for the reviewable decision must use his or her best endeavours to help the tribunal so that it can make its decision on the review.

(2)Without limiting subsection (1), the decision-maker must provide the following to the tribunal within a reasonable period of not more than 28 days after the decision-maker is given a copy of the application for the review under section 37—

(a)a written statement of the reasons for the decision;

(b)any document or thing in the decision-maker’s possession or control that may be relevant to the tribunal’s review of the decision.

(3)If the tribunal considers there are additional documents or things in the decision-maker’s possession or control that may be relevant to the tribunal’s review of the reviewable decision, the tribunal may, by written notice, require the decision-maker to provide the documents or things.

(4)If the tribunal considers the statement of reasons given under subsection (2)(a) is not adequate, the tribunal may, by written notice, require the decision-maker to give the tribunal an additional statement containing stated further particulars.

(5)The decision-maker must comply with a notice given under subsection (3) or (4) within the period stated in the notice.

(6)A requirement under this section that the decision-maker give the tribunal information or a document or other thing applies despite any provision in an Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing.

Notes—

1Under section 66, the tribunal may make an order prohibiting the publication of the information, or the information contained in the document or thing, other than in the way and to the persons stated in the order.

2Under section 90(2), the tribunal may direct a hearing, or a part of a hearing, in which the information, or information contained in the document or thing, is disclosed to be held in private.

22   Effect of review on reviewable decision

(1)The start of a proceeding for the review of a reviewable decision under this Act does not affect the operation of the decision or prevent the implementation of the decision.

(2)However, subsection (1) does not apply—

(a)if an enabling Act that is an Act provides otherwise; or

(b)to the extent the operation of all or part of the reviewable decision is stayed by an order of the tribunal under this section that is still in effect.

(3)The tribunal may, on application of a party or on its own initiative, make an order staying the operation of all or part of a reviewable decision if a proceeding for the review of the decision has started under this Act.

(4)The tribunal may make an order under subsection (3) only if it considers the order is desirable after having regard to the following—

(a)the interests of any person whose interests may be affected by the making of the order or the order not being made;

(b)any submission made to the tribunal by the decision-maker for the reviewable decision;

(c)the public interest.

(5)Subsection (4)(a) does not require the tribunal to give a person whose interests may be affected by the making of the order, or the order not being made, an opportunity to make submissions for the tribunal’s consideration if it is satisfied it is not practicable because of the urgency of the case or for another reason.

(6)In making an order under subsection (3), the tribunal—

(a)may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or

(b)may impose conditions on the order it considers appropriate; or

(c)may provide for the lifting of the order if stated circumstances occur.

(7)The tribunal may assess damages for subsection (6)(a).

(8)The tribunal’s power to assess damages under subsection (7) is exercisable only by a legally qualified member.

23   Inviting decision-maker to reconsider decision

(1)At any stage of a proceeding for the review of a reviewable decision, the tribunal may invite the decision-maker for the decision to reconsider the decision.

(2)If the decision-maker for a reviewable decision is invited to reconsider the decision under subsection (1), the decision-maker—

(a)has 28 days to reconsider the decision; and

(b)may—

(i)confirm the decision; or

(ii)amend the decision; or

(iii)set aside the decision and substitute a new decision.

(3)If, under subsection (2), the decision-maker for a reviewable decision confirms the decision, the proceeding for the review of the decision must continue.

(4)If, under subsection (2), the decision-maker for a reviewable decision (first decision) amends the decision or sets the decision aside and substitutes another decision for it—

(a)the first decision as amended or the decision substituted for the first decision is taken to be the reviewable decision for this Act and the enabling Act; and

(b)the review must continue for the reviewable decision unless the applicant for the review withdraws the application for review; and

(c)if a person other than the applicant applies to the tribunal to review the reviewable decision—the tribunal may hear and decide each application for the review of the reviewable decision.

24   Functions for review jurisdiction

(1)In a proceeding for a review of a reviewable decision, the tribunal may—

(a)confirm or amend the decision; or

(b)set aside the decision and substitute its own decision; or

(c)set aside the decision and return the matter for reconsideration to the decision-maker for the decision, with the directions the tribunal considers appropriate.

(2)The tribunal’s decision under subsection (1)(a) or (b) for a reviewable decision—

(a)is taken to be a decision of the decision-maker for the reviewable decision except for the tribunal’s review jurisdiction or an appeal under part 8; and

(b)subject to any contrary order of the tribunal, has effect from when the reviewable decision takes or took effect.

(3)The tribunal may make, to the chief executive of the entity in which the reviewable decision was made, written recommendations about the policies, practices and procedures applying to reviewable decisions of the same kind.

(4)If the tribunal makes written recommendations under subsection (3) and the chief executive is not the decision-maker for the reviewable decision, the tribunal must give a copy of the recommendations to the decision-maker.

(5)In this section—

chief executive includes chief executive officer.

Division 4 Appeal jurisdiction

25   Generally

The tribunal’s appeal jurisdiction is—

(a)the jurisdiction conferred on the tribunal by section 26; and

(b)the jurisdiction conferred on the tribunal by an enabling Act to hear and decide an appeal against a decision of another entity under that Act.

26   Jurisdiction for decisions of the tribunal

The tribunal has jurisdiction to hear and decide an appeal against a decision of the tribunal in the circumstances mentioned in section 142.

27   When appeal jurisdiction exercised

The tribunal may exercise its appeal jurisdiction if a person has, under this Act or an enabling Act, appealed to the tribunal against a decision for which it has appeal jurisdiction.

Note—

Part 8, division 1 provides for how an appeal is made under this Act and how the tribunal’s appeal jurisdiction is exercised.

Part 2    Practices and procedures

28   Conducting proceedings generally

(1)The procedure for a proceeding is at the discretion of the tribunal, subject to this Act, an enabling Act and the rules.

(2)In all proceedings, the tribunal must act fairly and according to the substantial merits of the case.

(3)In conducting a proceeding, the tribunal—

(a)must observe the rules of natural justice; and

(b)is not bound by the rules of evidence, or any practices or procedures applying to courts of record, other than to the extent the tribunal adopts the rules, practices or procedures; and

(c)may inform itself in any way it considers appropriate; and

(d)must act with as little formality and technicality and with as much speed as the requirements of this Act, an enabling Act or the rules and a proper consideration of the matters before the tribunal permit; and

(e)must ensure, so far as is practicable, that all relevant material is disclosed to the tribunal to enable it to decide the proceeding with all the relevant facts.

(4)Without limiting subsection (3)(b), the tribunal may admit into evidence the contents of any document despite the noncompliance with any time limit or other requirement under this Act, an enabling Act or the rules relating to the document or the service of it.

29   Ensuring proper understanding and regard

(1)The tribunal must take all reasonable steps to—

(a)ensure each party to a proceeding understands—

(i)the practices and procedures of the tribunal; and

(ii)the nature of assertions made in the proceeding and the legal implications of the assertions; and

(iii)any decision of the tribunal relating to the proceeding; and

(b)understand the actions, expressed views and assertions of a party to or witness in the proceeding, having regard to the party’s or witness’s age, any disability, and cultural, religious and socioeconomic background; and

(c)ensure proceedings are conducted in a way that recognises and is responsive to—

(i)cultural diversity, Aboriginal tradition and Island custom, including the needs of a party to or witness in the proceeding who is from another culture or linguistic background or is an Aboriginal person or Torres Strait Islander; and

(ii)the needs of a party to, or witness in, the proceeding who is a child or a person with impaired capacity or a physical disability.

(2)The steps that can be taken for ensuring a person understands something mentioned in subsection (1)(a) include, for example—

(a)explaining the matters to the person; or

(b)having an interpreter or other person able to communicate effectively with the person give the explanation; or

(c)supplying an explanatory note in English or another language.

30   Principal registrar to help parties and potential parties

The principal registrar must give parties and potential parties reasonable help to ensure their understanding of the tribunal’s practices and procedures, including, for example, reasonable help to complete forms required under this Act or the rules.

31   Related criminal or disciplinary action

(1)This section applies if matters arising in a proceeding involve the contravention, or the alleged contravention, of an Act by a person.

(2)Unless an enabling Act that is an Act provides otherwise, the tribunal may make its final decision in the proceeding whether or not the person—

(a)has been charged with, convicted of or sentenced for an offence arising out of the contravention; or

(b)may be, is, or has been, subject to disciplinary action (including a proceeding before the tribunal) relating to the contravention under an Act.

32   Proceeding by remote conferencing or on the papers

(1)The tribunal may, if appropriate, conduct all or a part of a proceeding by remote conferencing.

(2)The tribunal may, if appropriate, conduct all or a part of a proceeding entirely on the basis of documents, without the parties, their representatives or witnesses appearing at a hearing.

(3)If the tribunal conducts a proceeding under subsection (1) or (2), the tribunal must ensure the public has access to, or is precluded from access to, matters disclosed in the proceeding to the same extent as if the proceeding had been heard before the tribunal with the attendance in person of all persons involved.

(4)Provisions of this Act applying to a hearing apply with necessary changes in relation to a proceeding conducted under subsection (1) or (2).

Examples—

1If a hearing is conducted under subsection (1), section 90 continues to apply to the proceeding as if the participants in the hearing were present before the tribunal.

2If a hearing is conducted under subsection (2), section 92 will have no application.

(5)In this section—

remote conferencing means—

(a)teleconferencing; or

(b)videoconferencing; or

(c)another form of communication that allows persons taking part in the proceeding to hear and take part in discussions as they happen.

Part 3    Starting proceeding

33   Making an application

(1)This section applies if this Act or an enabling Act provides that a person may apply to the tribunal to deal with a matter.

(2)The application must—

(a)be in a form substantially complying with the rules; and

(b)state the reasons for the application; and

(c)be filed in the registry.

(3)If the application is for the review of a reviewable decision, the application must be made, by filing it in the registry, within 28 days after the relevant day.

Notes—

1Under section 6(7), an enabling Act that is an Act may provide for a different period within which a person must make an application.

2Under section 61, the tribunal may extend the period within which a person must make an application.

(4)In this section—

relevant day, for an application for the review of a reviewable decision, means—

(a)the day the applicant is notified of the decision; or

(b)if the applicant has applied to the decision-maker for a written statement of reasons for the decision under section 158—the earlier of the following days—

(i)the day the written statement is given to the applicant;

(ii)the day by which the written statement is required to be given to the applicant under that section; or

(c)if the applicant has applied to the tribunal for an order under section 159—

(i)if the tribunal makes the order—the earlier of the following days—

(A)the day the written statement of reasons the subject of the order is given to the applicant;

(B)the day by which the written statement of reasons the subject of the order is required to be given to the applicant under the order; or

(ii)if the tribunal does not make the order—the day the applicant is notified of the tribunal’s decision to not make the order.

34   Referring matter

(1)This section applies if an enabling Act provides for the referral of a matter to the tribunal.

(2)The referral must be made—

(a)within the period provided for under the enabling Act; and

(b)in a way complying with the rules.

35   Acceptance or rejection of application or referral

(1)This section applies if a person makes an application, or refers a matter, to the tribunal.

(2)The principal registrar may—

(a)accept the application or referral without imposing any conditions; or

(b)accept the application or referral on conditions stated in the rules; or

(c)reject the application or referral on a ground mentioned in subsection (3); or

(d)refer the application or referral to the tribunal if the principal registrar believes there is a ground for rejecting the application or referral under subsection (3).

(3)The principal registrar may reject an application or referral on any of the following grounds—

(a)the application or referral is made by a person who is not authorised to make it;

(b)the application or referral is made after the expiry of the period within which it is required to be made under this Act;

(c)the application or referral does not otherwise comply with this Act, an enabling Act or the rules.

(4)If the principal registrar rejects an application or referral, or accepts an application or referral on conditions—

(a)the principal registrar must notify the applicant that the applicant may request the principal registrar to refer the decision to the tribunal for review; and

(b)if the applicant makes the request, the principal registrar must refer the decision to the tribunal for review.

(5)No fee is payable for a request for a referral under subsection (4).

(6)If the question of whether or not an application or referral should be rejected is referred to the tribunal under subsection (2)(d) or (4)(b), the tribunal must direct the principal registrar—

(a)to reject the application or referral; or

(b)to accept the application or referral on stated conditions or no conditions.

(7)If the question of whether or not an application or referral should be accepted on stated conditions is referred to the tribunal under subsection (4)(b), the tribunal must direct the principal registrar—

(a)to accept the application or referral on no conditions; or

(b)to accept the application or referral on the stated conditions or different conditions; or

(c)to reject the application or referral.

(8)The tribunal may direct the principal registrar to reject an application or referral only if a ground for rejecting the application or referral under subsection (3) exists.

Note—

A decision of the tribunal under subsection (6) or (7) is not subject to appeal under part 8. See sections 142(2) and 149(4).

36   When proceeding starts

A proceeding starts when the principal registrar accepts an application or referral, whether or not on conditions.

Note—

However, under section 38, the tribunal must not take any action on the application or referral until the prescribed fee, if any, for the application or referral is paid.

37   Notice

(1)This section applies if a proceeding is started under section 36 for an application or referral.

(2)The applicant for the application or referral must, within the period stated in the rules, give a copy of the application or referral to—

(a)each party to the proceeding; and

(b)each other person to whom notice of the proceeding must be given under an enabling Act or the rules; and

(c)any person the tribunal directs to be given notice of the proceeding.

Note—

See the rules for provisions about how the copy must, or may, be given and provisions about responding to an application.

(3)Subsection (2) does not require the applicant to give a copy of the application or referral to another person if—

(a)the principal registrar has given or undertaken to give the copy to the person; or

(b)under subsection (4), the tribunal makes an order that the copy is not required to be given to the person; or

(c)the rules exempt the applicant from the requirement to give the copy to the person.

(4)The tribunal may make an order exempting the applicant from giving a copy of the application or referral to a person if the tribunal is satisfied—

(a)the applicant has made all reasonable attempts to give the copy to the person but has been unsuccessful; or

(b)the making and deciding of the application or referral without notice to the person will not cause injustice.

(5)The tribunal may act under subsection (4) on the application of the applicant or on the tribunal’s own initiative.

(6)The tribunal’s power to act under subsection (4) is exercisable only by a legally qualified member or an adjudicator.

38   Prescribed fees

(1)An applicant for an application or referral must pay the prescribed fee, if any, for the application or referral.

(2)The tribunal must not take any action on an application or referral until the fee is paid.

(3)Subsection (2) does not prevent the tribunal directing the principal registrar to accept or reject an application or referral under section 35.

Part 4    Parties to a proceeding

39   Parties to original jurisdiction

A person is a party to a proceeding in the tribunal’s original jurisdiction if the person is—

(a)the applicant; or

(b)a person in relation to whom a decision of the tribunal is sought by the applicant; or

(c)intervening in the proceeding under section 41; or

(d)joined as a party to the proceeding under section 42; or

(e)someone else an enabling Act states is a party to the proceeding.

40   Parties to review jurisdiction

(1)A person is a party to a proceeding in the tribunal’s review jurisdiction if the person is—

(a)the applicant; or

(b)the decision-maker for the reviewable decision the subject matter of the proceeding; or

(c)intervening in the proceeding under section 41; or

(d)joined as a party to the proceeding under section 42; or

(e)someone else an enabling Act states is a party to the proceeding.

(2)In a proceeding in the tribunal’s review jurisdiction, so far as is practicable, the official description of the decision-maker must be used as the party’s name instead of the decision-maker’s name.

41   Intervention

(1)The Attorney-General may, for the State, intervene in a proceeding at any time.

(2)The tribunal may, at any time, give leave for a person to intervene in a proceeding, subject to the conditions the tribunal considers appropriate.

42   Joining and removing parties

(1)The tribunal may make an order joining a person as a party to a proceeding if the tribunal considers that—

(a)the person should be bound by or have the benefit of a decision of the tribunal in the proceeding; or

(b)the person’s interests may be affected by the proceeding; or

(c)for another reason, it is desirable that the person be joined as a party to the proceeding.

(2)The tribunal may order that a party be removed from a proceeding if the tribunal considers that—

(a)the party’s interests are not, or are no longer, affected by the proceeding; or

(b)the party is not a proper or necessary party to the proceeding, whether or not the party was one originally.

(3)The tribunal may make an order under subsection (1) or (2) on the application of a person or on its own initiative.

43   Representation

(1)The main purpose of this section is to have parties represent themselves unless the interests of justice require otherwise.

(2)In a proceeding, a party—

(a)may appear without representation; or

(b)may be represented by someone else if—

(i)the party is a child or a person with impaired capacity; or

(ii)the proceeding relates to taking disciplinary action, or reviewing a decision about taking disciplinary action, against a person; or

(iii)an enabling Act that is an Act, or the rules, states the person may be represented; or

(iv)the party has been given leave by the tribunal to be represented.

(3)In deciding whether to give a party leave to be represented in a proceeding, the tribunal may consider the following as circumstances supporting the giving of the leave—

(a)the party is a State agency;

(b)the proceeding is likely to involve complex questions of fact or law;

(c)another party to the proceeding is represented in the proceeding;

(d)all of the parties have agreed to the party being represented in the proceeding.

(4)A party can not be represented in a proceeding by a person—

(a)who, under rules made under section 224(3), is disqualified from being a representative of a party to a proceeding; or

(b)who is not an Australian legal practitioner or government legal officer, unless the tribunal is satisfied the person is an appropriate person to represent the party.

(5)A person who is not an Australian legal practitioner or government legal officer and who is seeking to represent a party in a proceeding must give the tribunal a certificate of authority from the party for the representation if—

(a)the party is a corporation; or

(b)the tribunal has asked for the certificate.

(6)The tribunal may appoint a person to represent an unrepresented party.

(7)In this section—

Australian legal practitioner see the Legal Profession Act 2007.

government legal officer see the Legal Profession Act 2007.

44   Use of interpreters and other persons

(1)Unless the tribunal directs otherwise, a party to a proceeding or a witness may be helped in a proceeding by—

(a)an interpreter; or

(b)another person necessary or desirable to make the proceeding intelligible to the party or witness, including, for example, a person with appropriate cultural or social knowledge and experience.

(2)Without limiting subsection (1), the tribunal may arrange for an interpreter or another person to help a party or witness.

(3)In this section—

interpreter includes a person who interprets signs made or other things done by a person who can not speak or can not speak clearly enough to take part in a proceeding.

45   General obligation of parties

Each party to a proceeding must act quickly in any dealing relevant to the proceeding.

Note—

For possible consequences for a contravention of this section, see sections 48 (Dismissing, striking out or deciding if party causing disadvantage) and 102 (Costs against party in interests of justice).

Part 5    Preliminary dealings with proceeding

Division 1 Early end to proceeding

46   Withdrawal of application or referral

(1)An applicant may, in the way stated in the rules, withdraw the applicant’s application or referral for a matter before the matter is heard and decided by the tribunal.

(2)However, if the application or referral is made under any of the following, the applicant may withdraw the application or referral only with the leave of the tribunal—

(a)the Child Protection Act 1999;

(b)the Disability Services Act 2006, section 178(9);

(c)the Guardianship and Administration Act 2000;

(d)the Powers of Attorney Act 1998.

(3)If an applicant withdraws an application or referral, the applicant can not make a further application or referral, or request, require or otherwise seek a further referral, relating to the same facts or circumstances without leave of the tribunal.

47   Dismissing, striking out or deciding if unjustified proceeding or part

(1)This section applies if the tribunal considers a proceeding or a part of a proceeding is—

(a)frivolous, vexatious or misconceived; or

(b)lacking in substance; or

(c)otherwise an abuse of process.

(2)The tribunal may—

(a)if the party who brought the proceeding or part before the tribunal is the applicant for the proceeding, order the proceeding or part be dismissed or struck out; or

(b)for a part of a proceeding brought before the tribunal by a party other than the applicant for the proceeding—

(i)make its final decision in the proceeding in the applicant’s favour; or

(ii)order that the party who brought the part before the tribunal be removed from the proceeding; or

(c)make a costs order against the party who brought the proceeding or part before the tribunal to compensate another party for any reasonable costs, expenses, loss, inconvenience and embarrassment resulting from the proceeding or part.

Note—

See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding.

(3)The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal’s own initiative.

(4)The tribunal’s power to act under subsection (2) is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator.

48   Dismissing, striking out or deciding if party causing disadvantage

(1)This section applies if the tribunal considers a party to a proceeding is acting in a way that unnecessarily disadvantages another party to the proceeding, including by—

(a)not complying with a tribunal order or direction without reasonable excuse; or

(b)not complying with this Act, an enabling Act or the rules; or

(c)asking for an adjournment as a result of conduct mentioned in paragraph (a) or (b); or

(d)causing an adjournment; or

(e)attempting to deceive another party or the tribunal; or

(f)vexatiously conducting the proceeding; or

(g)failing to attend conciliation, mediation or the hearing of the proceeding without reasonable excuse.

(2)The tribunal may—

(a)if the party causing the disadvantage is the applicant for the proceeding, order the proceeding be dismissed or struck out; or

(b)if the party causing the disadvantage is not the applicant for the proceeding—

(i)make its final decision in the proceeding in the applicant’s favour; or

(ii)order that the party causing the disadvantage be removed from the proceeding; or

(c)make an order under section 102, against the party causing the disadvantage, to compensate another party for any reasonable costs incurred unnecessarily.

Note—

See section 108 for the tribunal’s power to order that the costs be paid before it continues with the proceeding.

(3)In acting under subsection (2), the tribunal must have regard to the following—

(a)the extent to which the party causing the disadvantage is familiar with the tribunal’s practices and procedures;

(b)the capacity of the party causing the disadvantage to understand, and act on, the tribunal’s orders and directions;

(c)whether the party causing the disadvantage is acting deliberately.

(4)The tribunal may act under subsection (2) on the application of a party to the proceeding or on the tribunal’s own initiative.

(5)The tribunal’s power to act under subsection (2) is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator.

49   Reinstatement of proceeding and restriction on new application or referral

(1)This section applies if the tribunal has ordered—

(a)a proceeding or a part of a proceeding be dismissed or struck out under section 47; or

(b)a proceeding be dismissed or struck out under section 48.

(2)Another proceeding or a part of a proceeding of the same kind relating to the same matter can not be started before the tribunal without the leave of the president or deputy president.

(3)The president or deputy president may give the leave if the president or deputy president considers the interests of justice requires it to be given.

(4)In giving leave to start another proceeding or part of a proceeding, the president or deputy president may extend any time limit for starting the proceeding or part.

(5)If the tribunal considers a proceeding has been dismissed or struck out in error, the tribunal may order that the proceeding be reinstated.

(6)The tribunal may act under subsection (5) on the application of a party to the proceeding or on the tribunal’s own initiative.

Division 2 Decision by default

50   Decision by default for debt or liquidated demand of money

(1)This section applies if—

(a)a person has applied to the tribunal to recover a debt or liquidated demand of money from a person (the respondent); and

(b)an enabling Act that is an Act or the rules state that the respondent must respond to the application within a stated period; and

(c)the respondent has not responded to the application within the stated period.

(2)The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default for an amount limited to—

(a)the amount claimed in the application starting the proceeding; and

(b)interest on the amount claimed at the rate the tribunal considers appropriate; and

(c)either—

(i)for an application for a minor civil dispute—costs stated in the rules as costs that may be awarded for minor civil disputes under section 102; or

(ii)for an application other than for a minor civil dispute—

(A)the fee paid for the application; and

(B)legal costs based on a scale stated in the rules.

(3)If the applicant applies for a decision by default under this section the principal registrar may make the decision.

(4)A decision by default given under subsection (3) is taken to be a final decision of the tribunal in the proceeding.

(5)The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section.

50A   Decision by default for unliquidated damages

(1)This section applies if—

(a)a person has applied to the tribunal to recover an amount consisting of, or including, unliquidated damages from a person (the respondent); and

(b)an enabling Act that is an Act, or the rules, states that the respondent must respond to the application within a stated period; and

(c)the respondent has not responded to the application within the stated period.

(2)The applicant may, in the way stated in the rules, apply to the tribunal for a decision by default conditional on the assessment by the tribunal of the unliquidated damages.

(3)The application may also include a claim for—

(a)any liquidated amount claimed in the application starting the proceeding; and

(b)interest on the liquidated amount claimed at the rate the tribunal considers appropriate; and

(c)the fee paid for the application; and

(d)legal costs based on a scale stated in the rules.

(4)The principal registrar may decide the application.

(5)If a decision by default is given under subsection (4)—

(a)the decision is taken to be a final decision of the tribunal in the proceeding; and

(b)the tribunal must assess the unliquidated damages.

(6)The applicant must prove the respondent has been given a copy of the application before a decision by default may be made under this section.

51   Setting aside decision by default

The tribunal, on application by the respondent, may set aside or amend a decision by default on terms, including terms about costs and the giving of security, the tribunal considers appropriate.

51A   Effect of application under s 51 on decision by default

(1)An application under section 51 to set aside or amend a decision by default does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2)However, the tribunal may make an order staying the operation of the decision by default until the application to set aside or amend the decision is finally decided.

(3)The tribunal may act under subsection (2) on the application of a party to the decision by default or on its own initiative.

Division 3 Transfer

52   Transfer to more appropriate forum

(1)If the tribunal considers the subject matter of a proceeding or a part of a proceeding would be more appropriately dealt with by another tribunal, a court or another entity, the tribunal may, by order, transfer the matter to which the proceeding or part relates to the other tribunal, the court or the other entity.

(2)If the tribunal considers it does not have jurisdiction to hear all matters in a proceeding, the tribunal may, by order, transfer the matter or matters for which it does not have jurisdiction to—

(a)a court of competent jurisdiction; or

(b)another tribunal or entity having jurisdiction to deal with the matter or matters.

(3)The tribunal may make an order under subsection (2)(a) even though the proceeding has previously been transferred from a court to the tribunal under section 53.

(4)If the tribunal transfers a matter to another tribunal, a court or another entity (the relevant entity) under this section—

(a)a proceeding for the matter is taken to have been started before the relevant entity when it was started before the tribunal; and

(b)the tribunal may make the orders or give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under an Act or other law for starting a proceeding before the relevant entity.

(5)An order under subsection (4)(b) has effect despite any other Act or law.

(6)The tribunal may act under this section on the application of a party to the proceeding or on its own initiative.

(7)The tribunal’s power to act under this section is exercisable only by a legally qualified member.

(8)In this section—

proceeding includes a process for the consideration of a matter.

53   Transfer from a court

(1)If a proceeding is started in a court and the subject matter of the proceeding could be heard by the tribunal under this Act, the court may, by order, transfer the proceeding to the tribunal.

(2)If a court transfers a proceeding to the tribunal under subsection (1)—

(a)the proceeding is taken to have been started before the tribunal when it was started in the court; and

(b)the court may make the orders and give the directions it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, an enabling Act or the rules for starting a proceeding before the tribunal.

(3)An order under subsection (2)(b) has effect despite any provision of this Act, an enabling Act or the rules.

(4)A court may act under this section on the application of a party to the proceeding or on its own initiative.

Division 4 Consolidation or sequence directions

54   Consolidation

(1)The tribunal may direct that 2 or more proceedings concerning the same or related facts and circumstances be consolidated into 1 proceeding.

(2)The tribunal’s power to give a direction under subsection (1) is exercisable only by a legally qualified member or an adjudicator.

(3)If 2 or more proceedings (each a pre-consolidation proceeding) are consolidated under subsection (1), evidence given in a pre-consolidation proceeding may also be given in the consolidated proceeding in relation to each of the other pre-consolidation proceedings.

55   Sequence

(1)The tribunal may direct that 2 or more proceedings concerning the same or related facts and circumstances—

(a)remain as separate proceedings but be heard and decided together; or

(b)be heard in a particular sequence.

(2)The tribunal’s power to give a direction under subsection (1) is exercisable only by a legally qualified member or an adjudicator.

56   Variation of direction

(1)Before or during the hearing of a consolidated proceeding or of proceedings directed to be heard together or in a particular sequence, the tribunal may direct that the proceedings be separated or heard in another sequence.

(2)The tribunal’s power to act under subsection (1) is exercisable only by—

(a)the tribunal as constituted for the proceeding or proceedings; or

(b)if the tribunal has not been constituted for the proceeding or proceedings—a legally qualified member or an adjudicator.

Part 6    Other provisions about a proceeding

Division 1 Procedural powers

57   General powers

(1)The tribunal may—

(a)take evidence on oath; or

(b)act in the absence of a party who has had reasonable notice of a proceeding; or

(c)adjourn a proceeding.

(2)The tribunal—

(a)may require a person appearing before the tribunal to give evidence on oath; and

(b)may administer an oath to the person.

(3)The tribunal may permit a person appearing as a witness before the tribunal to give evidence by tendering a written statement, verified, if the tribunal directs, by oath.

58   Interim orders

(1)Before making a final decision in a proceeding, the tribunal may make an interim order it considers appropriate in the interests of justice, including, for example—

(a)to protect a party’s position for the duration of the proceeding; or

(b)to require or permit something to be done to secure the effectiveness of the exercise of the tribunal’s jurisdiction for the proceeding.

Note—

See also section 22(3) for the tribunal’s power to stay the operation of a reviewable decision while it is being reviewed by the tribunal.

(2)The tribunal may make an interim order on the application of a party to the proceeding or on its own initiative.

(3)In making an interim order, the tribunal—

(a)may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or

(b)may provide for the lifting of the order if stated conditions are met.

(4)The tribunal may assess damages for subsection (3)(a).

(5)The tribunal’s power to assess damages under subsection (4) is exercisable only by a legally qualified member.

(6)In this section—

interim order means an order that has effect for the duration of a proceeding or a shorter period.

59   Injunctions

(1)The tribunal may, by order, grant an injunction, including an interim injunction, in a proceeding if it is just and convenient to do so.

(2)The tribunal may make an order granting an interim injunction whether or not it has given any person whose interests may be affected by the order an opportunity to be heard.

(3)The tribunal may act under subsection (1) on the application of a party to the proceeding or on its own initiative.

(4)The tribunal’s power to act under subsection (1) is exercisable only by a legally qualified member.

(5)The tribunal’s power under subsection (1) is in addition to, and does not limit, any power of the tribunal under an enabling Act to make an order in the nature of an injunction.

(6)In making an order under subsection (1), the tribunal—

(a)may require an undertaking, including an undertaking as to costs or damages, it considers appropriate; or

(b)may provide for the lifting of the order if stated conditions are met.

(7)The tribunal may assess damages for subsection (6)(a).

(8)The tribunal’s power to assess damages under subsection (7) is exercisable only by a legally qualified member.

(9)In this section—

interim injunction means an injunction that has effect for the duration of a proceeding or a shorter period.

60   Declarations

(1)The tribunal may make a declaration about a matter in a proceeding—

(a)instead of making an order it could make about the matter; or

(b)in addition to an order it could make about the matter.

(2)The tribunal may make an order it considers necessary or desirable to give effect to a declaration under subsection (1).

(3)A declaration under subsection (1) is binding on the parties to the proceeding mentioned in the declaration.

(4)The tribunal’s power under subsection (1) is in addition to, and does not limit, any power of the tribunal under an enabling Act to make a declaration.

(5)The tribunal’s power to act under subsection (1) or (2) is exercisable only by a legally qualified member.

61   Relief from procedural requirements

(1)The tribunal may, by order—

(a)extend a time limit fixed for the start of a proceeding by this Act or an enabling Act; or

(b)extend or shorten a time limit fixed by this Act, an enabling Act or the rules; or

(c)waive compliance with another procedural requirement under this Act, an enabling Act or the rules.

(2)An extension or waiver may be given under subsection (1) even if the time for complying with the relevant requirement has passed.

(3)The tribunal can not extend or shorten a time limit or waive compliance with another procedural requirement if to do so would cause prejudice or detriment, not able to be remedied by an appropriate order for costs or damages, to a party or potential party to a proceeding.

(4)The tribunal may act under subsection (1) on the application of a party or potential party to the proceeding or on its own initiative.

(5)The tribunal’s power to act under subsection (1) is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)a legally qualified member, an adjudicator or the principal registrar.

62   Directions

(1)The tribunal may give a direction at any time in a proceeding and do whatever is necessary for the speedy and fair conduct of the proceeding.

(2)The tribunal may hold a directions hearing for giving the direction before any other hearing is held for the proceeding.

(3)Without limiting subsection (1), the tribunal may give a direction under this section requiring a party to the proceeding to produce a document or another thing, or provide information to—

(a)the tribunal; or

(b)another party to the proceeding.

(4)A party must comply with a direction given under this section within—

(a)the period stated in the direction; or

(b)if the tribunal has extended the period within which the direction must be complied with—the extended period.

(5)However, subsection (4) does not apply to a document or thing, a part of a document or thing, or information for which there is a valid claim to privilege from disclosure.

(6)The tribunal may act under this section on the application of a party to a proceeding or on the tribunal’s own initiative.

(7)The tribunal’s power to act under this section is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)a legally qualified member, an adjudicator or the principal registrar.

63   Obtaining a document or thing from third parties

(1)The tribunal may make an order requiring a person who is not a party to a proceeding but who has, or is likely to have, in the person’s possession or control a document or other thing relevant to the proceeding to produce the document or thing to—

(a)the tribunal; or

(b)a party to the proceeding.

(2)The person in relation to whom the order is made must comply with the order within the period stated in the order.

(3)However, subsection (2) does not apply to a document or thing, or a part of a document or thing, for which there is a valid claim to privilege from disclosure.

(4)In making an order on the application of a party, the tribunal must consider whether it is appropriate to make an order requiring the party to pay the costs of producing the document or thing to which the order relates.

(5)The tribunal may act under this section on the application of a party or on the tribunal’s own initiative.

(6)The tribunal’s power to act under this section is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)a legally qualified member, an adjudicator or the principal registrar.

64   Amending particular documents

(1)The tribunal may, at any time in a proceeding, make an order requiring that a relevant document be amended.

(2)The tribunal may make the order on the application of the party who filed the document or on its own initiative.

(3)The tribunal’s power to make an order under subsection (1) is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)if the tribunal has not been constituted for the proceeding—a legally qualified member, an adjudicator or the principal registrar.

(4)In this section—

relevant document means—

(a)an application or referral; or

(b)a document responding to an application or referral.

65   Dealing with documents and other things

(1)This section applies if a document or other thing is produced to the tribunal in a proceeding.

(2)The tribunal may inspect the document or thing.

(3)The tribunal may—

(a)keep the document or thing for a reasonable period; and

(b)make copies of or take extracts from the document, or take photographs of the thing.

(4)If the tribunal keeps a document or other thing, the tribunal must permit a person otherwise entitled to possession of the document or thing—

(a)for a document—to inspect, make a copy of or take an extract from the document at a reasonable time and place the tribunal decides; or

(b)for another thing—to inspect or photograph the thing at a reasonable time and place the tribunal decides.

(5)If the tribunal has made a copy of a document under subsection (3)(b) and the principal registrar certifies the copy as a true copy of the original document, the certified copy is admissible in evidence before any court, tribunal or person acting judicially as if it were the original document.

66   Non-publication orders

(1)The tribunal may make an order prohibiting the publication of the following other than in the way and to the persons stated in the order—

(a)the contents of a document or other thing produced to the tribunal;

(b)evidence given before the tribunal;

(c)information that may enable a person who has appeared before the tribunal, or is affected by a proceeding, to be identified.

(2)The tribunal may make an order under subsection (1) only if the tribunal considers the order is necessary—

(a)to avoid interfering with the proper administration of justice; or

(b)to avoid endangering the physical or mental health or safety of a person; or

(c)to avoid offending public decency or morality; or

(d)to avoid the publication of confidential information or information whose publication would be contrary to the public interest; or

(e)for any other reason in the interests of justice.

(3)The tribunal may act under subsection (1) on the application of a party to the proceeding or on its own initiative.

(4)The tribunal’s power to act under subsection (1) is exercisable only by—

(a)the tribunal as constituted for the proceeding; or

(b)if the tribunal has not been constituted for the proceeding—a legally qualified member or an adjudicator.

Division 1A Conciliation

66A   Referral by tribunal or principal registrar

(1)The tribunal or the principal registrar may refer the parties to a proceeding to attend conciliation.

(2)A referral under subsection (1) may be made with or without the consent of the parties to the proceeding.

(3)The principal registrar must give each party to the proceeding written notice of the referral for conciliation as stated in the rules.

66B   Personal or representative attendance

(1)The relevant entity may direct a party to a proceeding to attend a conciliation in person or to be represented by a person who has authority to settle the dispute the subject of the proceeding for the party.

(2)In this section—

relevant entity means—

(a)before the conciliation starts—the entity that referred the parties to attend conciliation; or

(b)from the start of the conciliation—the conciliator.

66C   Purpose

The purpose of conciliation for a proceeding is to promote the settlement of the dispute the subject of the proceeding.

66D   Function of conciliator

The function of a conciliator under this division is to promote the settlement of the dispute the subject of the proceeding by—

(a)identifying and clarifying—

(i)the issues in dispute in the proceeding; and

(ii)how the law applies to the issues; and

(b)arranging negotiations between the parties to the proceeding and assisting in the conduct of the negotiations; and

(c)promoting the open exchange of information between the parties to the proceeding; and

(d)giving parties to the proceeding information about how this Act, enabling Acts and the rules apply to the proceeding.

66E   Procedure

(1)Conciliation must be held in private unless the conciliator directs otherwise.

(2)Conciliation may be conducted in the way decided by the conciliator, which must be a way complying with the rules.

66F   Who may be a conciliator

(1)A person may be a conciliator for a proceeding only if the person is—

(a)a member; or

(b)an adjudicator; or

(c)the principal registrar; or

(d)a person approved by the principal registrar as a conciliator for the tribunal.

(2)The principal registrar may approve a person as a conciliator for the tribunal only if the principal registrar is satisfied, having regard to the person’s qualifications and experience, the person is a suitable person to conduct conciliation.

66G   Disclosure of interests

(1)This section applies if a conciliator who is to conduct conciliation has or acquires an interest, financial or otherwise, that may conflict with the proper performance of the conciliator’s functions in the conciliation.

(2)The conciliator must—

(a)disclose the nature of the interest to the president; and

(b)not take part in the conciliation or exercise powers for it, unless all parties to the proceeding and the president agree otherwise.

66H   Member or adjudicator conducting conciliation

(1)This section applies if the person conducting conciliation for a proceeding is a member or adjudicator.

(2)The person must not constitute the tribunal for the proceeding unless all the parties to the proceeding agree otherwise.

66I   Notification of outcome

(1)This section applies in relation to conciliation conducted by a conciliator other than the principal registrar.

(2)If the parties to a proceeding agree to settle the proceeding or a part of the proceeding at conciliation, the conciliator must notify the principal registrar that the parties have agreed to settle the dispute the subject of the proceeding or part.

(3)If a conciliator has attempted unsuccessfully to settle a proceeding by conciliation, the conciliator must notify the principal registrar that the conciliation was unsuccessful.

66J   Inadmissibility of particular evidence

(1)Evidence of anything said or done during conciliation for a proceeding is not admissible—

(a)at any stage of the proceeding; or

(b)in another civil proceeding before a court or another tribunal.

(2)Subsection (1) does not apply to—

(a)evidence that all parties to the proceeding have agreed may be admitted into evidence; or

(b)evidence of an order made or direction given at conciliation or the reasons for the order or direction; or

(c)evidence of anything said or done that is relevant to a proceeding—

(i)for an offence relating to the giving of false or misleading information; or

(ii)for contempt.

Division 2 Compulsory conferences

67   Direction by tribunal or principal registrar

(1)The tribunal or the principal registrar may direct the parties to a proceeding to attend 1 or more compulsory conferences.

(2)The principal registrar must give each party to the proceeding written notice of the compulsory conference, as stated in the rules.

68   Personal or representative attendance

(1)The relevant entity may direct a party to a proceeding to attend a compulsory conference in person or to be represented by a person who has authority to settle the dispute the subject of the proceeding for the party.

(2)In this section—

relevant entity means—

(a)before the compulsory conference starts—

(i)the entity that directed the parties to attend the conference; or

(ii)the person who is to preside over the conference; or

(b)from the start of the compulsory conference—the person presiding over the conference.

69   Purposes

The purposes of a compulsory conference for a proceeding are as follows—

(a)to identify and clarify the issues in dispute in the proceeding;

(b)to promote a settlement of the dispute the subject of the proceeding;

(c)to identify the questions of fact and law to be decided by the tribunal;

(d)if the proceeding is not settled, to make orders and give directions about the conduct of the proceeding;

(e)to make orders and give directions the person presiding over the conference considers appropriate to resolve the dispute the subject of the proceeding.

70   Procedure generally

(1)A compulsory conference must be heard by 1 of the following persons chosen by the president—

(a)a member;

(b)an adjudicator;

(c)the principal registrar.

Note—

See section 169 (for members and adjudicators) or 212 (for the principal registrar) for the requirement to disclose interests that may conflict with the performance of functions in a compulsory conference.

(2)A compulsory conference must be held in private unless the person presiding over the conference directs otherwise.

(3)A compulsory conference may be conducted in the way decided by the person presiding over the conference, which must be a way complying with this Act, an enabling Act and the rules.

(4)Sections 28, 29 and 32(1) apply to a compulsory conference as if—

(a)the compulsory conference were a proceeding before the tribunal; and

(b)subject to paragraph (c), a reference in the sections to the tribunal included a reference to the person presiding over the compulsory conference; and

(c)a reference to the practices and procedures of the tribunal in section 29(1)(a)(i) included a reference to the practices and procedures for the compulsory conference.

71   Orders and directions generally

(1)This section applies if the person presiding over a compulsory conference is a person who may exercise a power of the tribunal to make an order or give a direction under section 61, 62, 63 or 64.

(2)The person may exercise a power mentioned in section 61, 62, 63 or 64 to make an order or give a direction in the conference.

(3)An order or direction made under subsection (2) is taken to be an order or direction made in the proceeding to which the conference relates.

72   Party fails to attend

(1)If a party to a proceeding does not attend a compulsory conference—

(a)the conference may proceed in the party’s absence; and

(b)if the person presiding is a member or an adjudicator, and all the parties present agree, the person may—

(i)make a decision adverse to the absent party and make any appropriate orders, including orders about costs; or

(ii)order that the absent party be removed from the proceeding, and pay another party’s costs reasonably incurred by the other party as a result of the absent party’s involvement in the proceeding.

(2)Subsection (1) applies only if the person presiding over the compulsory conference is satisfied the absent party has been given notice of the conference under section 67(2).

(3)If a decision or order is made under subsection (1)(b), this Act applies to the decision or order as if—

(a)the compulsory conference were a proceeding before the tribunal; and

(b)the decision or order were a decision or order made by the tribunal constituted for the proceeding.

(4)A person the subject of an order under subsection (1)(b)(ii) may apply to the tribunal to be reinstated as a party to the proceeding.

(5)The tribunal may reinstate the person as a party to the proceeding if satisfied the person had a reasonable excuse for not attending the compulsory conference.

73   Member or adjudicator presiding

(1)This section applies if the person presiding at a compulsory conference for a proceeding is a member or an adjudicator.

(2)At the end of the compulsory conference, the person presiding must advise the parties to the proceeding of their rights to object to the person constituting the tribunal for the proceeding.

(3)A party may object to the person constituting the tribunal for the proceeding.

(4)An objection under subsection (2), must be filed in the registry—

(a)within 2 business days after the compulsory conference ends; or

(b)if the hearing of the proceeding is to start before the end of the period mentioned in paragraph (a), before the start of the hearing.

(5)The person presiding—

(a)may disqualify himself or herself from constituting the tribunal for the proceeding, whether or not an objection is filed; and

(b)must not constitute the tribunal for the proceeding if a party objects to the person constituting the tribunal for the proceeding.

74   Inadmissibility of particular evidence

(1)Evidence of anything said or done during a compulsory conference for a proceeding is not admissible at any stage in the proceeding.

(2)Subsection (1) does not apply to—

(a)evidence that all parties to the proceeding have agreed may be admitted into evidence; or

(b)evidence of an order made or direction given at a compulsory conference or the reasons for the order or direction; or

(c)evidence of anything said or done that is relevant to a proceeding—

(i)for an offence relating to the giving of false or misleading information; or

(ii)for contempt; or

(iii)relating to an order made under section 72(1)(b).

Division 3 Mediation

75   Referral by tribunal or principal registrar

(1)The tribunal or the principal registrar may refer the subject matter, or a part of the subject matter, of a proceeding for mediation by a mediator appointed by the tribunal or principal registrar.

(2)A referral under subsection (1) may be made with or without the consent of the parties to the proceeding.

(3)The principal registrar must give each party to the proceeding written notice of the referral for mediation as stated in the rules.

(4)If the tribunal or principal registrar decides to refer the subject matter or part for mediation by a mediator under the Dispute Resolution Centres Act 1990, it is sufficient if the tribunal or principal registrar appoints the director of a specified dispute resolution centre as mediator.

76   Personal or representative attendance

(1)The relevant entity may direct a party to a proceeding to attend mediation in person or to be represented by a person who has authority to settle the dispute the subject of the proceeding for the party.

(2)In this section—

relevant entity means—

(a)before the mediation starts—

(i)the entity that referred the subject matter, or a part of the subject matter, of the proceeding for mediation; or

(ii)the mediator who is to conduct the mediation; or

(b)from the start of the mediation—the mediator conducting the mediation.

77   Purpose

The purpose of mediation for a proceeding is to promote the settlement of the dispute the subject of the proceeding.

78   Procedure generally

(1)Unless the entity that referred a matter, or a part of a matter, for mediation directs otherwise, the mediation must be held in private.

(2)Mediation may be conducted in the way decided by the mediator, which must be a way complying with the rules.

79   Who may be a mediator

(1)A person may be a mediator for a proceeding only if the person is—

(a)a member; or

(b)an adjudicator; or

(c)the principal registrar; or

(d)a mediator under the Dispute Resolution Centres Act 1990; or

(e)a person, including, for example, a registrar or registry staff member, approved by the principal registrar as a mediator for the tribunal.

(2)The principal registrar may approve a person as a mediator for the tribunal only if the principal registrar is satisfied, having regard to the person’s qualifications and experience, the person is a suitable person to conduct mediation.

80   Disclosure of interests

(1)This section applies if a mediator who is to conduct mediation has or acquires an interest, financial or otherwise, that may conflict with the proper performance of the mediator’s functions in the mediation.

(2)The mediator must—

(a)disclose the nature of the interest to the president; and

(b)not take part in the mediation or exercise powers for it, unless all parties to the proceeding and the president agree otherwise.

81   Member or adjudicator conducting mediation

(1)This section applies if the person conducting mediation for a proceeding is a member or adjudicator.

(2)The person must not constitute the tribunal for the proceeding unless all the parties to the proceeding agree otherwise.

82   Notification of outcome

(1)This section applies in relation to mediation conducted by a mediator other than the principal registrar.

(2)If the parties to a proceeding agree to settle the proceeding or a part of the proceeding at mediation, the mediator must notify the principal registrar that the parties have agreed to settle the dispute the subject of the proceeding or part.

(3)If a mediator has attempted unsuccessfully to settle a proceeding by mediation, the mediator must notify the principal registrar that the mediation was unsuccessful.

83   Inadmissibility of particular evidence

(1)Evidence of anything said or done during mediation for a proceeding is not admissible at any stage of the proceeding.

(2)Subsection (1) does not apply to—

(a)evidence that all parties to the proceeding have agreed may be admitted into evidence; or

(b)evidence of anything said or done that is relevant to a proceeding—

(i)for an offence relating to the giving of false or misleading information; or

(ii)for contempt.

Division 4 Settlement and accepted offers to settle

84   Settlement in compulsory conference

(1)This section applies if a settlement is reached in a compulsory conference by the parties to a proceeding.

(2)The person presiding at the compulsory conference may—

(a)record the terms of the settlement in writing; and

(b)make the orders necessary to give effect to the settlement.

(3)This Act applies to an order made under subsection (2) as if—

(a)the compulsory conference were a proceeding before the tribunal; and

(b)the order were an order made by the tribunal constituted for the proceeding.

85   Settlement at conciliation or mediation

(1)This section applies if a settlement is reached by the parties to a proceeding at conciliation or mediation.

(2)If the conciliator or mediator is a member, an adjudicator or the principal registrar, the conciliator or mediator may record the terms of the settlement in writing and make the orders necessary to give effect to the settlement.

(3)This Act applies to an order made under subsection (2) as if—

(a)the conciliation or mediation were a proceeding before the tribunal; and

(b)the order were an order made by the tribunal constituted for the proceeding.

(4)If the conciliator or mediator is not a member, an adjudicator or the principal registrar, the conciliator or mediator may—

(a)record the terms of the settlement in writing and have the parties sign the written terms; and

(b)file the signed written terms in the registry.

(5)If signed written terms of the settlement are filed in the registry under subsection (4), the tribunal may make the orders necessary to give effect to the settlement.

86   Settlement other than in compulsory conference or at conciliation or mediation

(1)This section applies if a settlement is reached by the parties to a proceeding other than in a compulsory conference or at conciliation or mediation.

(3)In this section—

prescribed oath means the oath prescribed under section 228(2).

relevant exercise of jurisdiction means an exercise of the jurisdiction, powers and functions conferred on a supplementary member by or under any law of the State (including the making of any decision or order) by the member during the relevant period.

relevant period means the period from 1 February 2017 to 15 May 2024.

Part 5    Transitional provision for Respect at Work and Other Matters Amendment Act 2024

292   Retrospective operation of amended s 237

(1)Amended section 237 is taken to have always applied in relation to the performance of a protected person’s functions.

(2)The rights and liabilities of a protected person in relation to the performance of a function of the protected person before the commencement are the same, and are taken to have always been the same, as they would be or would have been if amended section 237 had been in force at the time of the performance of the function.

(3)However, subsections (1) and (2) do not apply for the purposes of a proceeding against a protected person started before the introduction day.

(4)In this section—

amended section 237 means section 237 as amended by the Respect at Work and Other Matters Amendment Act 2024.

introduction day means the day the Bill for the Respect at Work and Other Matters Amendment Act 2024 was introduced into the Legislative Assembly.

protected person means an officer or other person on whom protection and immunity is conferred under section 237(1) to (6).

Schedule 1 Former tribunals

section 244, definition former tribunal

1the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1991, section 247, as in force before the commencement of this schedule

2the Children Services Tribunal established under the repealed Children Services Tribunal Act 2000, section 8

3the Commercial and Consumer Tribunal established under the repealed Commercial and Consumer Tribunal Act 2003, section 6

4the Teachers Disciplinary Committee established under the Education (Queensland College of Teachers) Act 2005, section 124, as in force before the commencement of this schedule

5a panel of referees convened under the Fire and Rescue Service Act 1990, section 104SC, as in force before the commencement of this schedule

6the Fisheries Tribunal established under the Fisheries Act 1994, section 185, as in force before the commencement of this schedule

7the Guardianship and Administration Tribunal established under the Guardianship and Administration Tribunal Act 2000, section 81, as in force before the commencement of this schedule

8the Health Practitioners Tribunal established under the Health Practitioners (Professional Standards) Act 1999, section 26, as in force before the commencement of this schedule

9the Legal Practice Tribunal continued in existence under the Legal Profession Act 2007, section 599, as in force before the commencement of this schedule

10an appeal tribunal formed under the Local Government Act 1993, section 942, as in force before the commencement of this schedule

11a misconduct tribunal established under the repealed Misconduct Tribunals Act 1997, section 11

12the Nursing Tribunal as continued under the Nursing Act 1992, section 84, as in force before the commencement of this schedule

13the Racing Appeals Tribunal established under the Racing Act 2002, section 150, as in force before the commencement of this schedule

14a retail shop lease tribunal appointed under the Retail Shop Leases Act 1994, section 66A or 90, as in force before the commencement of this schedule

15a small claims tribunal constituted under the repealed Small Claims Tribunals Act 1973, section 11

16a surveyors disciplinary committee established under the Surveyors Act 2003, section 94, as in force before the commencement of this schedule

17a committee appointed under the Valuers Registration Act 1992, section 50, as in force before the commencement of this schedule

18the Veterinary Tribunal of Queensland constituted under the Veterinary Surgeons Act 1936, section 15A, as in force before the commencement of this schedule

Schedule 2 Subject matter for rules

section 224

1   Functions of principal registrar and registrars

The functions of the principal registrar and registrars.

2   Divisions and lists of the tribunal

(1)Establishing divisions of the tribunal and lists within the divisions.

(2)Operational and procedural matters about the lists within the divisions of the tribunal.

3   Constitution of the tribunal

(1)Constitution of the tribunal for particular classes of matters.

(2)The hearing and deciding of matters by an adjudicator.

4   Starting proceedings

(1)Applications or referrals to the tribunal, including, for example—

(a)the form of the application or referral; and

(b)the way applications or referrals by groups of individuals or businesses are to be made.

(2)Bringing proceedings against a person who carries on a business under a name other than the person’s own name, whether or not the name is—

(a)registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth), section 22; or

(b)held under the Business Names Registration Act 2011 (Cwlth), section 54; or

(c)held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5.

(3)The conditions that may be imposed on the acceptance of an application or referral under chapter 2, part 3, including, for example—

(a)requiring that notice of the application or referral be given to a stated person in a stated way; and

(b)requiring that the application or referral be amended in a stated way and the amended application or referral be filed in the registry within a stated period.

5   Transfers of matters and appeals

Matters to be taken into account for, and the regulation of—

(a)the transfer of a matter from the tribunal to another tribunal, a court or another entity under section 52; or

(b)the transfer of an appeal from the appeal tribunal to the Court of Appeal under section 144.

6   Representation

(1)How a party that is not an individual may appear before the tribunal.

(2)Parties who may be represented by someone else in a proceeding.

(3)Persons who are disqualified from representing a party to a proceeding.

Note—

See section 224(3) for who may be disqualified from representing a party to a proceeding.

7   Service of notices or other documents

(1)Additional persons who must be given a notice or other document under this Act or an enabling Act.

(2)The period within which a notice or document must be given.

(3)The way a notice or document must or may be given, including substituted service.

(4)Exemption from the requirement to give a copy of an application or referral to a particular person.

8   Responses to applications

Responses to an application or referral to the tribunal, including—

(a)restrictions on the making of responses for particular classes of matters; and

(b)the way a response must be made, including, for example, the way a response to a proceeding brought against a person under a name other than the person’s own name must be made; and

(c)the period within which a response must be made.

9   Ending proceedings early

(1)Ending a proceeding or a part of a proceeding early, including, for example, the following—

(a)withdrawal of an application or referral;

(b)withdrawal of a response to an application or referral;

(c)dismissal or striking out of a proceeding or a part of a proceeding, or deciding of a proceeding early, including how an application for the dismissal, striking out or decision must be made;

(d)decisions by default, including how an application for a decision by default must be made;

(e)agreements to settle arising out of a compulsory conference or mediation;

(f)offers to settle and acceptance of offers to settle.

(2)Rules under subsection (1)(a) may provide for the following—

(a)the applicant giving written notice of the withdrawal to other parties to the proceeding;

(b)tribunal orders requiring the applicant to pay all, or a part of, the costs of other parties to the proceeding;

(c)refunding fees for the application or referral.

10   Documents or evidence to be filed or produced

(1)Documents required to be filed in the registry before a compulsory conference, mediation or a hearing of a proceeding.

(2)Documents or evidence required to be produced at a compulsory conference, mediation or a hearing of a proceeding.

11   Disclosure

Disclosure by parties and non-parties, including disclosure and inspection of documents.

12   Evidence

The taking of evidence, including—

(a)the way evidence may be given (including the use of technology); and

(b)notices to attend and produce documents; and

(c)statements and the use of correspondence; and

(d)alternative ways the tribunal may inform itself; and

(e)calling witnesses.

13   Compulsory conferences

Compulsory conferences generally, including—

(a)the way a compulsory conference must be conducted; and

(b)confidentiality agreements.

14   Mediation

Mediation generally, including—

(a)the persons who are appropriate to be a mediator by reference to qualifications and experience; and

(b)the way mediation must be conducted; and

(c)confidentiality agreements.

14A   Conciliation

Conciliation generally, including—

(a)the persons who are appropriate to be a conciliator by reference to qualifications and experience; and

(b)the way conciliation must be conducted; and

(c)confidentiality agreements.

15   Reserved decisions

The period for which the tribunal may reserve its decision in a proceeding.

16   Hearings

(1)The way an expedited hearing must be conducted.

(2)The form or content of notices of a hearing.

17   Costs

Costs generally, including—

(a)additional circumstances for which costs may be awarded; and

(b)the way costs are to be assessed, including by reference to a scale of costs; and

(c)the way security for a party’s costs must be given and the way the security must be dealt with if the tribunal makes an order requiring the party to pay all or a part of the costs of another party.

18   Renewing final decision

Practices and procedure for renewing the tribunal’s final decision in a proceeding under chapter 2, part 7, division 5, including, the period within which, and the way, a party to a proceeding may apply to the tribunal for a renewal of the final decision.

19   Correcting mistakes

Correcting mistakes under section 135, including the way, and the period within which, a party may apply to the tribunal to make the correction.

20   Reopening proceedings

Practices and procedure for hearing and deciding a proceeding that has been reopened under chapter 2, part 7, division 7, including—

(a)the period within which, and the way, a party to a proceeding may apply to the tribunal for the proceeding to be reopened; and

(b)the period within which a party to a proceeding may make written submissions in response to an application of another party for the proceeding to be reopened.

21   Appeals

(1)Giving of leave to appeal.

(2)Appeals generally, including the way they must be heard.

22   Applying court rules about contempt

The application of the Uniform Civil Procedure Rules 1999 to the tribunal punishing a contempt under section 219, including changes to the rules to apply them to the tribunal.

23   Register of proceedings

The register of proceedings kept under section 229, including—

(a)the form and content of the register; and

(b)procedures for inspecting the register or obtaining copies of a part of the register.

24   Electronic transmissions etc.

Filing, receipt, service, issue or transmission electronically of approved forms and other documents and material for use in, or in connection with, proceedings, including electronic representations or equivalents of seals, stamps and signatures and their validity.

Schedule 3 Dictionary

section 8

adjudicator means—

(a)a person appointed as an adjudicator under section 198; or

(b)a person who is an adjudicator under section 198A.

appeal tribunal means the tribunal constituted, or to be constituted, under section 165 for the purpose of—

(a)hearing and deciding an appeal against—

(i)a decision of the tribunal; or

(ii)a decision of another entity under an enabling Act for which the enabling Act confers appeal jurisdiction on the tribunal; or

(b)deciding an application for leave to appeal against a decision mentioned in paragraph (a)(i) or (ii).

applicant means—

(a)for an application or a proceeding to be started on application—the person who makes the application; or

(b)for a referral or a proceeding to be started on referral—

(i)the person who makes the referral; or

(ii)if the enabling Act under which the referral is made states another person is the applicant for the referral or proceeding—the person stated in the enabling Act.

application means an application to the tribunal under this Act or an enabling Act.

assessor means an assessor appointed under section 110.

Australian lawyer has the meaning given by the Legal Profession Act 2007.

child means an individual under 18 years.

commencement, for chapter 7, see section 244.

compulsory conference means a compulsory conference under chapter 2, part 6, division 2.

conciliator means a person who conducts conciliation under this Act.

constitute, the tribunal—

(a)in relation to a member—means to constitute the tribunal whether by sitting alone or with other members; or

(b)in relation to an adjudicator—means to constitute the tribunal by sitting alone.

consumer means an individual—

(a)who buys or hires goods other than—

(i)for resale or letting on hire; or

(ii)in a trade or business carried on by the individual; or

(iii)as a member of a business partnership; or

(b)for whom services are supplied for fee or reward other than—

(i)in a trade or business carried on by the individual; or

(ii)as a member of a business partnership; or

(c)who is or was the tenant of premises let to the individual as a dwelling other than for—

(i)assigning or subletting the premises to someone else; or

(ii)a trade or business carried on by the individual.

continuing entity, for chapter 7, see section 244.

contract includes all agreements, whether written or oral.

cost-amount decision means a decision of the tribunal about the amount of costs fixed or assessed by it under section 107.

costs order means an order awarding costs.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 and—

(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

deal with, a matter, includes hear and decide the matter.

decision, of the tribunal—

(a)means—

(i)an order made or direction given by the tribunal; or

(ii)the tribunal’s final decision in a proceeding; and

(b)for chapter 7—see section 244.

decision by default, in relation to an application made under section 50(2) or 50A(2) claiming a debt, liquidated demand of money or unliquidated damages, means an order in favour of the applicant for the debt, liquidated demand or unliquidated damages claimed.

decision-maker, for a reviewable decision, see section 17(2).

deputy president means the deputy president of the tribunal.

enabling Act—

(a)generally—see section 6(2); or

(b)for chapter 7—see section 244.

existing court proceeding, for chapter 7, see section 244.

existing proceeding, for chapter 7, see section 244.

existing tribunal proceeding, for chapter 7, see section 244.

final decision, of a former tribunal or a court in a proceeding, for chapter 7, see section 244.

final decision, of the tribunal in a proceeding—

(a)means the tribunal’s decision that finally decides the matters the subject of the proceeding; and

(b)for chapter 2, part 7, division 4—see section 129.

former Act, for chapter 7, see section 244.

former entity, for chapter 7, part 4, see section 270.

former judge means—

(a)a former Supreme Court judge or District Court judge; or

(b)a former judge of a court of the Commonwealth or another State other than—

(i)a magistrates court of the Commonwealth or another State; or

(ii)the Federal Circuit and Family Court of Australia (Division 2).

former tribunal, for chapter 7, see section 244.

function includes power.

goods includes everything that is the subject of trade or manufacture or merchandise.

hearing, for chapter 2, part 7, division 7, see section 137.

impaired capacity has the meaning under the Guardianship and Administration Act 2000.

judicial member—

(a)means—

(i)the president; or

(ii)the deputy president; or

(iii)a supplementary member who is a Supreme Court judge, District Court judge or member of the Land Court; and

(b)for the exercise of a power of the tribunal to make an order or give a direction—includes a senior member or ordinary member who is a former judge and is nominated by the president to exercise the power; and

(c)includes a senior member or ordinary member who is a former judge and is nominated by the president to constitute the tribunal for a matter or class of matters.

judicial registrar means a person who is a judicial registrar under the Magistrates Act 1991.

legally qualified member means—

(a)a judicial member; or

(b)an ordinary member or supplementary member who is a magistrate; or

(c)a senior member or ordinary member who is an Australian lawyer of at least 6 years standing.

Magistrates Court staff member means—

(a)the clerk of a Magistrates Court; or

(b)a person employed in the registry of a Magistrates Court.

mediator means a person who conducts mediation under this Act.

member—

(a)generally—means a member of the tribunal under section 171; or

(b)for chapter 7—see section 244.

minor civil dispute—

1

Minor civil dispute means—

(a)a claim to recover a debt or liquidated demand of money of up to the prescribed amount; or

(b)a claim arising out of a contract between a consumer and trader, or a contract between 2 or more traders, that is—

(i)for payment of money of a value not more than the prescribed amount; or

(ii)for relief from payment of money of a value not more than the prescribed amount; or

(iii)for performance of work of a value not more than the prescribed amount to rectify a defect in goods supplied or services provided; or

(iv)for return of goods of a value not more than the prescribed amount; or

(v)for a combination of any 2 or more claims mentioned in subparagraphs (i) to (iv) where the total value of the combined claim is not more than the prescribed amount; or

(c)a claim for an amount of not more than the prescribed amount for damage to property caused by, or arising out of the use of, a vehicle; or

(d)a tenancy matter; or

(e)a claim that is the subject of a dispute under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, chapter 2 and is for an amount not more than the prescribed amount; or

(f)a matter in relation to which a person may, under the Building Act 1975, chapter 8, part 2A apply to the tribunal for an order.

Note—

A matter mentioned in paragraph (f) would relate to part of a barrier for a swimming pool along a common boundary.

2However, if an enabling Act confers jurisdiction on the tribunal to deal with a claim (however called) within the meaning of paragraph 1(a), the claim is not a minor civil dispute unless the enabling Act expressly states it is a minor civil dispute.

3A claim mentioned in paragraph 1(b) does not include a claim in a proceeding to which the Fair Trading Act 1989, section 50A applies.

4A claim mentioned in paragraph 1(a) does not include a claim under the Fair Work Act 2009 (Cwlth), section 539.

Note—

See the Fair Work Act 2009 (Cwlth), section 539 for the conferral of jurisdiction on eligible State or Territory courts in relation to the contravention of civil remedy provisions under that Act. In relation to Industrial Magistrates Courts, see the Industrial Relations Act 2016, chapter 11, part 3, division 4. In relation to Magistrates Courts, see the Magistrates Courts Act 1921.

monetary decision means a decision of the tribunal in a proceeding requiring a person to pay an amount to someone else, whether or not the decision is, or is a part of, the tribunal’s final decision in the proceeding.

non-publication order means—

(a)an order under section 66; or

(b)a confidentiality order under the repealed Adoption of Children Act 1964, section 36M(1); or

(c)a confidentiality order under the Adoption Act 2009, section 307N(1); or

(d)a confidentiality order under the Child Protection Act 1999, section 99ZD(1); or

(e)a non-publication order or confidentiality order under the Guardianship and Administration Act 2000; or

(f)an order under the Legal Profession Act 2007, section 656D(1) or (4).

official means—

(a)a member; or

(b)an adjudicator; or

(c)a conciliator; or

(d)a mediator; or

(e)an assessor; or

(f)the chief executive; or

(g)the principal registrar; or

(h)a registrar.

ordinary member means an ordinary member of the tribunal.

outside Queensland includes in a foreign country.

pending proceeding, for chapter 7, see section 245.

perform a function includes exercise a power.

prescribed amount means $25000.

prescribed fee means a fee prescribed under a regulation.

president means the president of the tribunal.

presiding member see section 170.

principal registrar means the principal registrar of the registry.

proceeding—

(a)generally—means a proceeding before the tribunal, including an appeal before the appeal tribunal and a proceeding relating to an application for leave to appeal to the appeal tribunal; or

(b)for chapter 7—see section 244.

QCAT, for chapter 7, see section 244.

QCAT Amendment Act, for chapter 7, see section 244.

QCAT matter, for chapter 7, see section 244.

referral means a referral of a matter to the tribunal under this Act or an enabling Act.

registry see section 207.

registry staff member means a member of the administrative staff of the registry other than the principal registrar or a registrar.

reopening ground, for a party to a proceeding, means—

(a)the party did not appear at the hearing of the proceeding and had a reasonable excuse for not attending the hearing; or

(b)the party would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen and that evidence was not reasonably available when the proceeding was first heard and decided.

reviewable decision see section 17(2).

rules means rules made under section 224.

rules committee means the rules committee established under section 223.

senior member means a senior member of the tribunal.

spent conviction ...

State agency means—

(a)the State, a Minister or a person representing the State; or

(b)a government entity within the meaning of the Government Owned Corporations Act 1993 or the chief executive of a government entity; or

(c)a local government or a chief executive officer of a local government; or

(d)a statutory authority or another entity established under an Act or the holder of a statutory office.

supplementary member means a supplementary member of the tribunal.

tenancy matter means a matter in relation to which a person may, under the Residential Tenancies and Rooming Accommodation Act 2008, apply to the tribunal for a decision.

the tribunal means the Queensland Civil and Administrative Tribunal established under section 161.

Note—

See also section 165.

trader—

1

A trader—

(a)means a person who in trade or commerce—

(i)carries on a business of supplying goods or providing services; or

(ii)regularly holds himself, herself or itself out as ready to supply goods or to provide services of a similar nature; and

(b)includes a person who is or was the landlord of premises let to a tenant as a dwelling other than for—

(i)assigning or subletting the dwelling to someone else; or

(ii)a trade or business carried on by the tenant.

2However, a person is not a trader in relation to goods or services if in supplying the goods or providing the services—

(a)the person acts in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce; or

(b)the person is giving effect to the instructions of someone else who in providing the instructions acts in the exercise of a discipline that is not ordinarily regarded as within the field of trade or commerce, and the goods supplied or the services provided are in all respects in accordance with the instructions.