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Frequently asked questions

General FAQs

Stage 3 report FAQs 

Case management system FAQs


Member FAQs

General FAQs
What is the name of the new tribunal?

The Queensland Civil and Administrative Tribunal (QCAT).

Why do we need QCAT?

The new tribunal is designed to improve the delivery of civil and administrative justice in Queensland.

The number of processes and forums that currently exist are confusing to people seeking redress, which can limit their access to justice.
QCAT is designed to change this. It will provide a single gateway to increase the community's access to justice. The efficiency and quality of decision making will also benefit from a larger administrative structure.

What tribunals/bodies will amalgamate to form QCAT?

The functions of 23 tribunals and other bodies will amalgamate into QCAT. The panel's first report to the Queensland Government includes detailed recommendations about each inclusion. Click to view a copy of the panel's report or to view a full list of amalgamating tribunals and affected bodies.

When will QCAT start operating?

The new tribunal is expected to commence on 1 December 2009.

How will the amalgamation affect tribunal users/consumers between now and December 2009?

As we move closer to 1 December 2009 users may begin to notice small changes to tribunal operations. This is likely to occur through the early adoption of some components of the new tribunal. This might include the co-location of tribunals or the adoption of new case management technology. These changes are designed to improve the efficiency and effectiveness of the new tribunal and ultimately improve the delivery of justice to users.

Who will lead QCAT?

QCAT will be led by a President who is a Supreme Court judge. On 23 October 2009, the Hon. Justice Alan Wilson was appointed as QCAT's President. On 30 July 2009, District Court Judge, Her Honour Fleur Kingham was appointed as QCAT's Deputy President.

Where will the new tribunal be located?

The tribunals to be amalgamated are currently spread across a number of locations within the Brisbane central business district and Queensland regional areas. Utilisation of the existing tribunal hub at 259 Queen Street, Brisbane will be maximised. The tribunal review team are working with the Department of Public Works to determine a suitable longer term accommodation arrangement.

How will QCAT operate in regional Queensland?

A range of strategies will be implemented to ensure the efficient and timely delivery of justice to users outside of south east Queensland. This includes the improved use of regional members and information technology resources, as well as the continued use of current resources used to provide services in regional and remote areas. A regional and rural delivery plan will be available later this year.

How will new business processes be developed?

A standardised set of business processes will ensure applications are consistently managed to the maximum extent possible. Detailed process mapping and analysis will be used to ensure the needs of the amalgamating tribunals are captured. Staff and members will be involved throughout this process.

Training in new business processes and technology will be provided to ensure staff are appropriately skilled to operate within QCAT.

How will I know what is happening between now and December 2009?

A range of initiatives have been developed to ensure people affected by the amalgamation, and their representatives, are properly engaged, consulted and informed.

These initiatives include:

The project team welcomes your feedback and can be contacted by telephone 07 3239 3681 or email enquiries@tribunalsreview.qld.gov.au.

If you have a question that this not answered here, why not email it to the project team via the 'Submit a Question' link. Popular questions will be added to our FAQ page.

Stage 3 report FAQs

What is the purpose of the stage three report?

The independent expert panel was asked to report to the Queensland Government in three stages about the implementation of a new Civil and Administrative Tribunal for Queensland.  The state one report set out the scope and implementation requirements for the Queensland Civil and Administrative Tribunal (QCAT).  The stage two report contained the panel’s recommendations about the legislation needed to create QCAT.  The final stage three report considers the progress of the recommendations of reports one and two.  It also contains the essential elements for implementing QCAT as well as post-implementation priorities.

What are the essential elements for implementing QCAT?

The panel identified the essential elements for implementing QCAT as:

The stage three report also comments on the way these elements need to be implemented to create an effective QCAT.

Case management FAQs

What case management system will the Queensland Civil and Administrative Tribunal (QCAT) use?

CaseWorks has been approved as QCAT's case management tool. It will be adopted by all QCAT jurisdictions except for small claim and minor debt matters which will continue to use their current tools.

Adopting CaseWorks across most jurisdictions will help QCAT develop a more cohesive organisational structure. Other benefits include:

How/why was CaseWorks chosen?

CaseWorks was chosen after an analysis of existing case management systems was completed. This analysis was undertaken by members of the tribunals review team after which a formal recommendation was provided to the project’s steering committee for approval.

In completing their analysis, mandatory requirements for QCAT’s case management system were identified and used to assess each system's suitability for implementation within QCAT. Broadly, these requirements included:

CaseWorks was the only system that met all of the mandatory requirements.

Once the steering committee approved the selection of CaseWorks as QCAT's new case management tool the independent panel, tribunal presidents, members and staff were advised of its selection.

How will the new case management system be affected by the Future Courts Program?

The Future Courts Program is a series of projects that will see the introduction of a single case management system across the Supreme Court, District Court and Magistrates Court of Queensland post 2012.

This case management system will also be rolled out across QCAT after the panel recommended the inclusion of QCAT in the Future Courts Program in its first report to the Queensland Government. The tribunals review team will be working with the Future Courts project team between now and 1 December 2009 to ensure QCAT’s case management and business process needs are reflected in the Future Courts solution.

What case file information will be transferred into Caseworks?

Investigations are still being undertaken as to how much information is required to be transitioned into CaseWorks. This is likely to vary from one tribunal to the next and will need to be discussed with each tribunal individually.

At a minimum, it is anticipated that all current applications and those commenced within the current financial year will be transferred.

The project team will also need to consider what will happen to old case file information that is not transferred to CaseWorks. This issue will be considered as part of the CaseWorks implementation strategy.

How will the transfer of old case information occur?

A data migration plan will be included in the CaseWorks implementation strategy. Vendor support will be used to transition data from large tribunals into CaseWorks. For smaller tribunals, data will be transferred manually prior to commencement of QCAT on 1 December 2009.

Member FAQs

How many full time members will QCAT need?

The exact number of full time members is still to be determined. Detailed modelling of current and future tribunal operations will be used, in part, to determine the most appropriate number of full time members. Sessional members will also be appointed as will tribunal registrars.

What is an adjudicator?

The panel has recommended the use of 'tribunal registrars' to hear a variety of matters before QCAT, particularly small claim and minor debt matters. In the draft QCAT Bill, these are called adjudicators. Adjudicators are equivalent to the judicial registrars currently operating in the Magistrates Courts and may also be used to hear non-contentious matters across other jurisdictions.

It is also anticipated that QCAT will also have more traditional registrar roles similar to those currently operating in courts and tribunals across Queensland.

Will QCAT have a mix of legal and non-legal members?

Yes. The diversity of matters that will appear before QCAT will require a mix of legal and professional members. Detailed modelling of current and future tribunal operations will be used to determine the appropriate mix.

Will QCAT have members outside of Brisbane?

Regionally based members are already used by a number of tribunals, as are circuiting members. An increase in the use of these types of members will be considered as part of QCAT's regional and rural service delivery plan.

An increase in the use of regional members may streamline the hearing process in regional locations with the added potential of reduced costs and timeframes, due to a reduction in travel costs and increased member coverage.

Will all members be required to sit across lists?

It is anticipated that QCAT may deal with matters according to lists that group like matters together. Members will be able to be involved in more than one type of matter by sitting across divisions or lists where they have relevant experience.

Some members, particularly professional members, will bring knowledge and expertise to QCAT that can not be duplicated by members from any other list. Therefore, the use of members across divisions and lists must be considered on a case by case basis and the President will determine how members are used.

Will QCAT use panels of members to decide matters?

Existing tribunals use both single members and panels of three to five members to decide matters. It is likely those matters which currently require a panel of members to hear a matter will continue to do so, however the number of members required to form a panel may change. No more than three members will form a panel to decide a matter.

Will QCAT affect the member appointment process for in scope tribunals between now and 1 December 2009?

Yes. In early 2008 the government decided to cap the appointment period for new members to current (pre QCAT) tribunals to 31 December 2009. This decision also applies to existing members who are eligible for reappointment.

Will existing members be transferred to QCAT?

The appointment process for QCAT members has now closed. Appointments are expected to be made in November.

How will sessional members be paid?      

A range of factors will be considered before determining the most appropriate way to remunerate QCAT members, including sessional members. Remuneration is currently paid in accordance with the Remuneration of Part-Time Chairs and Members of Government Boards, Committees and Statutory Authorities (April 2006) policy.

Consultation with the Department of Employment and Industrial relations (DEIR) about the applicability and suitability of this policy to the operations of QCAT will occur before QCAT commences. 

Will there be a QCAT Act?

There are two Acts that have established QCAT. The Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act) has established the tribunal including how proceedings are commenced and the appointment of members. The QCAT (Jurisdiction Provisions) Amendment Act 2009 has amended over 200 Acts giving authority to QCAT to hear particular matters.  

Will reasons be provided in all matters?

Yes. The QCAT Act requires the provision of reasons (either oral or written) for all QCAT decisions. The provision of reasons is fundamental to ensuring the consistency and quality of decision making and to promoting public confidence in the delivery of justice. 

Will hearings be recorded?

Yes. There will be digital recording of all hearings. This is essential in facilitating the provision of reasons. An analysis of current mobile digital recording technology will be undertaken with a view to procuring additional technology to supplement the current pool if necessary.

I am a tribunal member who would like to have input into the formation of QCAT. How do I get involved?

Member input is essential to the successful creation of QCAT. The project team will continue to work with tribunal presidents in the lead up to amalgamation. This will include requests for input on issues that require member expertise. Your feedback can be provided through tribunal presidents or directly to the project team where appropriate.

Further information is available on the tribunals review website or by contacting the project team by email. 

Archived frequently asked questions

Stage two report FAQs

What is the stage two report?

The independent expert panel has been asked to report to the Queensland Government in three stages about the implementation of a new Civil and Administrative Tribunal for Queensland. The stage one report set out the scope and implementation requirements for the Queensland Civil and Administrative Tribunal (QCAT). The stage two report contains the panel’s recommendations about the legislation needed to create QCAT.

What legislation will be needed to implement QCAT?

The panel has recommended that two Bills be prepared and introduced into Parliament at the same time. The first Bill (the QCAT Bill) establishes the new tribunal, provides for the appointment of the president, deputy president, members and tribunal staff as well as the generic powers and procedures applying to QCAT’s range of jurisdictions. 

The second Bill amends more than 160 pieces of legislation conferring jurisdiction on QCAT (the enabling Acts). 

What is an enabling Act?

An enabling Act gives QCAT the jurisdiction to review decisions, consider disciplinary matters or make original decisions. Potential applicants to QCAT will only be able to ask QCAT to make a decision if an enabling Act gives QCAT the power to do this. Except for minor civil matters (mentioned below) all of QCAT’s jurisdiction will be conferred on it by enabling Acts.

Will any Acts be repealed?
 
Yes, four Acts will be repealed. These Acts create tribunals that will be abolished once QCAT starts. The Acts to be repealed are:

What has the panel recommended about the general framework of the QCAT legislation?

The panel has recommended that the QCAT legislation should balance the need for consistent generic processes with the ability to respond to the particular needs of specialist jurisdictions.

The QCAT Act will contain generic processes for tribunal matters. This will mean less confusion for users of the tribunal, more efficiency and increased quality of decision making.

Where specialist provisions are needed, these will be contained in the rules or practice directions of QCAT, or the various enabling Acts.

What will the objectives of the QCAT Act be?

The QCAT Act objectives will be to:

What types of applications will be heard by QCAT?

Many different matters will be heard by QCAT. QCAT will be able to make original decisions, review some administrative decisions and hear disciplinary matters.

What is an original decision?

Original decisions are those where the tribunal makes a primary decision regarding a range of matters such as minor civil disputes, guardianship, discrimination or building disputes. 

What is an administrative decision?

Some decisions of government departments and entities are able to be reviewed by an independent body such as a tribunal or court. Reviews occur if a person affected by the decision asks the court or body to do so and an Act specifically lets this happen. QCAT will now deal with many of these reviews.  Some examples of administrative decisions that QCAT might be asked to review are whether to licence a child care centre or deciding in whose care to place a child subject to a child protection order.

What is a disciplinary matter?

Disciplinary matters relate to the regulation of professions, occupations, businesses, industries and service providers such as doctors, lawyers, teachers, architects, engineers and building contractors. QCAT will hear some serious disciplinary matters as an original hearing. For other less serious disciplinary matters, QCAT will review the decision of the regulatory authority. 

What will the role of QCAT be when reviewing an administrative decision?

The panel recommended (recommendation 11) that as a general rule, reviews of administrative decisions conducted by QCAT should be by way of fresh hearing. That is, QCAT will be able to consider new material when it is making its decision, whether or not it existed at the time the original decision was made. 

Some legislation will change this general rule so that when QCAT reviews the decision, only the material that was available at the time of the original decision can be considered. New material can only be considered if the QCAT legislation allows this to happen. This will happen in some matters where there are good reasons why the evidence should be restricted in this way. For example, where there has already been a full hearing with all parties able to provide all relevant information to the original decision maker.

Will parties be able to have legal representation?

Generally people who ask QCAT to make decisions about issues will have to appear in person before the tribunal. This means that they will talk to the member of the tribunal who will make the decision about their matter. If people want to have a lawyer or friend represent them and speak for them at the tribunal, they will need to ask the tribunal if that is okay. Where there are complex issues of fact and law then it is likely the tribunal will let people be represented.   

QCAT is not a court and has different rules to those of a court. It has to operate in a way that is fair, just, economical and quick. It might disadvantage people if they had to have a lawyer to go to the tribunal because it makes it much more expensive.   

There are some exceptions to this general rule. For example, people who are involved in disciplinary matters which affect their capacity to work in their chosen profession or earn a livelihood will be entitled to legal representation and will not have to ask if this is okay. However, if they choose to they may also appear themselves. 

How will QCAT deal with costs?

When people ask a tribunal to make decisions about a particular matter they may incur costs. As a general rule each party to a QCAT matter will have to pay their own costs. This is consistent with QCAT's objective to offer an economical process for the community to resolve disputes. This is different from a court where one person or party often ends up paying their own costs as well as the other side's costs. 
  
The tribunal will however be able to require a person to pay another person's costs. The circumstances where this can happen are limited. The tribunal must be satisfied that it is in the 'interests of justice' to make this order. Examples where this might happen include where a person has caused unreasonable delay or obstruction while the tribunal was dealing with an application or contravened an order of the tribunal.  

Will there be appeals from decisions of QCAT?

Yes. QCAT will have its own internal appeal jurisdiction (called the appeal tribunal). This means that decisions made by a member of QCAT can be appealed. These appeals will be heard by the president, deputy president, another judicial member, or in some cases a suitably qualified member or members.

If a person wants to appeal a QCAT decision that was made by a judicial member then this appeal will have to be made to the Court of Appeal. In this case, the person wanting to appeal must generally ask the Court of Appeal for permission to lodge the appeal.  

QCAT will have some restrictions on internal appeals. For example, in some matters people will need to ask the president of QCAT for permission to start the appeal. 

When is permission to start an appeal required by the president?

Permission to start an appeal must be obtained for:

The QCAT rules will set out the guidelines for granting leave to appeal.

How will those matters usually heard by the Small Claims Tribunal be included in the QCAT legislation?

The QCAT Act will allow QCAT to deal with minor civil disputes. Minor civil disputes will include those matters that are currently dealt with by Small Claims Tribunals, including tenancy applications and applications under the Dividing Fences Act 1953. It will also include minor debt matters that are dealt with by the Magistrates Court. A 'minor debt' is a claim where a person seeks to recover a debt or liquidated demand (a fixed or ascertained amount of money) of not more than $7500. 

Specific rules will be developed for minor civil disputes to ensure that any special requirements for these types of applications are accommodated. For example, rules about :

As the Children’s Services Tribunal Act 2000 will be repealed, where will the specific tribunal powers and procedures for child protection matters be located?

The largest aspect of the Children Services Tribunal’s jurisdiction is the review of certain decisions of the Department of Child Safety in relation to children in care.

Many of the powers and procedures contained in the Children Services Tribunal Act 2000 reflect the vulnerability and needs of children in care. A number of these specialist provisions need to be retained and the panel has recommended that these provisions be relocated into a special part of the Child Protection Act 1999. As the Attorney-General currently administers the Children Services Tribunal Act 2000. The panel has recommended that this new part in the Child Protection Act 1999 be administered by the Attorney-General. The remaining parts of the Child Protection Act 1999 would continue to be administered by the Minister for Child Safety. 

How will QCAT ensure it is responsive to those who use the tribunal, particularly vulnerable people?

The panel has recommended a number of provisions be included in the QCAT Act to help ensure that the tribunal is responsive to all of the people who might appear before it. These include:

Last updated 10/28/2009 12:59:16 PM