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…