Last updated 29 July 2016
A person who wishes to appeal against a state government’s administrative action or decision must first read the Act or Regulation under which the action was taken or the decision was made, to see if an appeal is permitted. In many cases, no right of appeal will be given, and the only means of challenge available, other than any internal review process provided for under the relevant Act, will be judicial review or a complaint to the state ombudsman.
The grounds for appeal and procedures to be followed when the Act or Regulation gives a right of appeal vary from case to case.
The Queensland Civil and Administrative Tribunal (QCAT) established by the Queensland Civil and Administrative Tribunal Act 2009 (Qld) simplifies the appeal of administrative decision in Queensland. The tribunal operates in much the same way as the Commonwealth Administrative Appeals Tribunal (AAT), and many of the principles that guide the way in which QCAT hears and determines appeals mirror the principles applied in the AAT.
The Queensland tribunal provides a considerable amount of information for people who are considering appealing a state government decision. This is available from factsheets on the QCAT website, which cover the major areas over which the tribunal exercises jurisdiction, as well as the alternative dispute resolution mechanisms which are contained within QCAT’s statutory regime. The website also contains detailed information about the application process.