What powers does QCAT have?
QCAT can make decisions about decision-making for adults with impaired capacity, including financial decisions (administrators) and personal and health decisions (guardians).
What orders can QCAT make?
QCAT has a wide-ranging jurisdiction, including:
- adult administration and guardianship.
- administrative decisions.
- anti-discrimination.
- building disputes.
- children and young people.
- consumer disputes.
- debt disputes.
- minor civil disputes.
What act does QCAT operate under?
The Queensland Civil and Administrative Tribunal Act 2009
The Queensland Civil and Administrative Tribunal Act 2009, the Queensland Civil and Administrative Tribunal Rules 2009 and the Queensland Civil and Administrative Tribunal Regulation 2019 can be accessed via the Office of the Queensland Parliamentary Counsel.
What happens if you dont pay QCAT order?
If the other party does not comply with a tribunal order to pay money, to do or cease doing an act, you can enforce the tribunal order. In Queensland, enforcement proceedings are decided in the courts and the type of order you wish to enforce, be it monetary or non-monetary, determines the court to which you apply.
Does QCAT have judges?
(d) a lawyer who is a justice of the peace under the JPCD Act, section 41(a). As at 30 June 2015, QCAT has 109 appointed justices of the peace including 36 who are legally qualified, and 73 who are non-legally qualified. Justice of the Peace appointments are included in Appendix 3.
Is QCAT a court?
QCAT operates as a tribunal, not a court, and was established under the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). Section 3(b) of the QCAT Act provides objectives of the tribunal to deal with matters in a way that is accessible, fair, just, economical, informal and quick.
Does QCAT cost money?
The applicant may have to pay a fee to apply to QCAT. If you have difficulty in paying the application or appeal fee, you may apply to QCAT for the fee to be waived. An application to waive the fee will only be approved in special circumstances.
Can a QCAT decision be appealed?
You can appeal a decision about a minor civil dispute to the Appeal Tribunal in QCAT. In all cases, you must ask the Appeal Tribunal for permission to appeal the decision by completing and lodging Form 39 – Application for leave to appeal or appeal (PDF, 301.9 KB). You can appeal the decision on a: question of law.
How long does a QCAT decision take?
As set out in the Policy, QCAT decision-makers endeavour to deliver decisions (with reasons) within three (3) months of each decision being reserved.
Who makes decisions at QCAT?
The President decides which members and the number of members who will hear a matter. No more than three members may hear a matter.
Who makes decision in QCAT hearings?
At the hearing, QCAT members or adjudicators who are responsible for deciding your case, will introduce themself and ask all parties to introduce themselves. Up to three members or adjudicators may hear your case. The length of the hearing depends on the complexity of the matter.
How long does QCAT take to resolve disputes?
Due to the ongoing COVID-19 emergency, QCAT is currently experiencing longer than average times to finalise matters….Average time to finalise an application.
| Jurisdiction | Average time to finalise application* |
|---|---|
| Occupational regulation | 35 weeks |
| Other civil disputes | 45 weeks |