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QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

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Page 1: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

QCATFair and just outcomes

Version 1.2 – April 2015

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 2: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

• What is a tribunal? • How is a tribunal different

to a court?• What does QCAT do?• Our key jurisdictions• Examples of matters• Our service charter• A year in the life of QCAT

• QCAT and the Magistrates Court

• Types of proceedings• Representation• Who makes the decisions• After the decision

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 3: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

What is a tribunal?

A tribunal is an independent body, established by the government which has been given the power to make decisions about certain types of matters and disputes.

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 4: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

How is a tribunal different to a court?

• Courts are typically highly regulated by complex rules and processes

• People often have legal representation

• Litigation can result in hefty legal fees

• Tribunals are designed for a more informal approach to decision-making

• Tribunals encourage people to represent themselves

• Tribunals usually much cheaper than courts

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 5: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

What does QCAT do?

• Resolves disputes using alternative dispute resolution (ADR) techniques

• Makes decisions about a range of matters

• Reviews decisions made by a government or regulatory authority

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 6: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

Our key jurisdictions

• Human Rights

• Civil

• Administrative

• Disciplinary

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 7: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

Human Rights: I need to be a guardian for my elderly parent I’ve been discriminated against

Minor civil disputes: Someone owes me money

Other civil: My neighbour’s tree is tearing up my plumbing Administrative: I want a local council decision reviewed

Disciplinary: My professional body disciplined me and I disagree

Examples of matters

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 8: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

Our service charter

• You have a right to a fair and impartial hearing

• We will provide fair and equitable access to services

• We can provide information on our jurisdictions and our processes

• We cannot provide legal advice. We can refer you to legal and community groups for help

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 9: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

A year in the life of QCAT

• Approximately 30,000 new applications

• 99,000+ calls

• 17,900+ proceedings in SEQ

• 13,000+ searches of our records

• 10,000+ visits to our Brisbane counter

• 1.7 million+ pages viewed online

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 10: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

QCAT and the Magistrates Court

All courthouses outside of Brisbane CBD can:

• provide information/forms for all matters

• accept forms, supporting documents, fees

• conduct proceedings for minor civil disputes (MCDs).

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 11: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

Types of proceedings

• Alternative dispute resolution– Mediation– Compulsory conferences– Hybrid hearings

• Hearings

• Directions hearing

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 12: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

Representation

• General rule = parties represent themselves*

• Self-represented can still get independent legal advice

• If you want a lawyer to represent you, you must apply for permission (unlikely for minor civil disputes)

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 13: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

• President and Deputy President

• Members

• Magistrates (appointed as QCAT members to hear MCDs)

• Adjudicators (MCDs)

• JPs (trial of hearing some MCDs)

Who makes the decisions?

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 14: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

After the decision

• Right to appeal QCAT decisions

• Reasons provided on application for all final decisions (written or oral)

• Decisions can be enforced by a court

• Decisions published - http://www.sclqld.org.au/caselaw/QCAT

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

Page 15: QCAT Fair and just outcomes Version 1.2 – April 2015 Information in this presentation is general information only. If you are unsure about your legal rights

Visit www.qcat.qld.gov.au

Subscribe to QCAT Updatefor process and resources news

Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.