Appealing a QCAT decision
In certain circumstances parties can appeal a QCAT decision. When appealing a QCAT decision the appeal process differs depending on the type of decision.
Decision made by a judicial member of QCAT
A judicial member is:
- the QCAT President
- the QCAT Deputy President
- a supplementary member who is a Supreme Court judge or District Court judge
- a senior member or ordinary member who is a former judge.
Clients can appeal a decision made by a judicial member to the Court of Appeal on a question of law, question of fact or a question of mixed fact and law.
If clients are applying on a question of law they do not have to ask the Court of Appeal for permission to appeal QCAT’s decision. However they must ask the Court of Appeal for permission if they are appealing on a question of fact, or a mixed question of fact and law.
Any other decision made by a non-judicial member
A non-judicial member is:
- a senior member or ordinary member who is not a judge or former judge
- an adjudicator.
Clients can appeal a decision made by a non-judicial member to the Internal Appeal Tribunal in QCAT on a question of law, question of fact or a question of mixed fact and law.
If clients are appealing on a question of law they do not have to ask for permission to appeal the decision. However they must ask the Internal Appeal Tribunal for permission to appeal if they are appealing:
- on a question of fact
- on a question of mixed law and fact
- a decision about a minor civil dispute
- a decision whether to award costs or not rather than the amount of costs awarded
- an interim decision, interloctury decision or any other decision that is not a final decision of the tribunal.
When an appeal is heard by the Internal Appeal Tribunal the tribunal will consider the original information and evidence presented.
Last updated 10/27/2009 10:57:04 AM
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