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.

• 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


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.


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


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


Our key jurisdictions

• Human Rights

• Civil

• Administrative

• Disciplinary


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


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


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


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).


Types of proceedings

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

• Hearings

• Directions hearing


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)


• 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?


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


http://www.sclqld.org.au/caselaw/QCAT

•

Visit www.qcat.qld.gov.au

Subscribe to QCAT Updatefor process and resources news


http://www.qcat.qld.gov.au/

Documents

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