Last updated 20 May 2022
An application to the Queensland Civil and Administrative Tribunal (QCAT) must be made in the approved form, available on the QCAT website or from the registry (r 7 Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (QCAT Rules)). Where there is no approved form, the application must be in writing, signed by the applicant and contain certain details set out in r 10 of the QCAT Rules.
The filing fees vary depending on the decision being appealed, ranging from no cost through to $358 for a standard application. QCAT may waive or reduce filing fees where the applicant is in financial hardship. Eligibility criteria and a hardship waiver form are available on the QCAT website or from the registry.
A person may bring an application under the QCAT review jurisdiction even if the decision is also the subject of a Queensland Ombudsman complaint, preliminary inquiry or investigation (s 18 Queensland Civil and Administrative Tribunal Act 2009 (Qld)(QCAT Act)).
The time limit for lodging an application in QCAT for review of an administration decision will depend on whether the applicant applied to the decision maker or QCAT for written reasons.
Where there has been no application for written reasons
The applicant must apply to QCAT within 28 days of being notified of the decision.
Where the written reasons were requested from the decision maker under s 158 of the QCAT Act
The applicant must apply to QCAT the earlier of 28 days from receipt or the date they should have been given.
Where an order from QCAT was sought for the decision maker to provide written reasons under s 159 of the QCAT Act and the order is made by QACT
The applicant must apply to QCAT the earlier of 28 days from the date of the written reasons were received or were required to be given under the QCAT order.
Where an order from QCAT was sought for the decision maker to provide written reasons under s 159 of the QCAT Act and the order is not made by QACT
The applicant must apply to QCAT 28 days from the date the applicant is notified of QCAT’s decision not to make the order (s 33(4) QCAT Act).
QCAT may also extend a time limit fixed for starting a proceeding under the Act or any enabling Act or Regulation (s 61 QCAT Act).
The QCAT Act requires the decision maker for a reviewable decision to use their best endeavors to help the tribunal (s 21 QCAT Act). This includes that the decision maker must provide to QCAT no more than 28 days after being given a copy of the application form a written statement of reasons and any document or thing in the decision maker’s possession or control that may be relevant to the decision (s 21(2) QCAT Act). The tribunal may also require the decision maker to produce additional documents and give supplementary statement of reasons if the one produced is not considered adequate (s 21(3)(4) QCAT Act).