Last updated 16 August 2016
The Residential Tenancies Authority (RTA) provides a conciliation service to try to settle disputes between lessors/providers and tenants/residents (ch 6 Residential Tenancies and Rooming Accommodation Act 2008 (Qld)). The usual process to trigger a conciliation process is to issue a request for dispute resolution (Form 16). There is no requirement for conciliation in an urgent situation such as an order to restrain a person from causing damage or injury, emergency repairs or failure to leave.
Queensland Civil and Administrative Tribunal
The Queensland Civil and Administrative Tribunal (QCAT) has jurisdiction for tenancy applications under s 11 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) and will not be able to hear claims for negligence or personal injury.
To initiate an application for a tenancy matter, a QCAT Form 2 Application for Minor Civil Dispute should be completed. The tenancy application to QCAT must be filed either in the registry closest to the rental premises (which is your local Magistrates Court) or in the Brisbane QCAT registry. Applications to QCAT are categorised as either urgent or non-urgent. A non-urgent application will need to go through to the RTA Dispute Resolution process whilst an urgent application can proceed directly to QCAT. The tribunal is compelled to act fairly and in accordance to the substantial merits of each case, and it is not bound by the strict rules of evidence. Some QCAT decisions may be appealed if there is an error in law, an error in fact or an error in both. Monetary orders by QCAT can be registered as a judgment in the Magistrates Court. Non-monetary orders may be registered as a judgment in the Supreme Court.