Last updated 20 May 2022
A reviewable decision is one made under an Act or Regulation that gives review jurisdiction on the Queensland Civil and Administrative Tribunal (QCAT) (s 17, 18 Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act)).
Generally, these enabling Acts and Regulations will require the applicant to have had their interests affected by the decision before they can apply to have it reviewed. For example:
- Working with Children (Risk Management and Screening) Act 2000 (Qld): this Act regulates the working-with-children-check system in Queensland. An applicant who is issued a positive notice is eligible for a Blue Card, which allows them to work with children. A person who has been issued a negative notice or had a positive notice suspended may apply to QCAT for a review. In order to apply to QCAT, the applicant must be the person who has been issued the negative notice or similar (s 353 Working with Children (Risk Management and Screening) Act 2000 (Qld)).
- Anti-Discrimination Act 1991 (Qld): the Queensland Human Rights Commissioner may lapse a complaint under this Act in certain circumstances, including where the commissioner is of the reasonable opinion that a complainant has lost interest in continuing with the complaint (s 169 Anti-Discrimination Act). The Queensland Human Rights Commission (QHRC) applicant may apply to QCAT within 28 days of being told that the complaint has lapsed for this reason to review the commissioner’s decision (s 169(3) Anti-Discrimination Act 1991 (Qld)).
- Animal Care and Protection Act 2001 (Qld): a person who has applied for an internal review of a decision by Biosecurity Queensland, including in relation to the registration, giving an animal welfare direction and the seizure of animals, may then apply for an external review in QCAT (s 198A Animal Care and Protection Act 2001 (Qld)). In order to apply for an internal review, the person must be an interested person, namely someone who has been given an information notice and, if the decision relates to the animal, they are in charge of the animal.
In the above examples, the persons interests are directly affected by the administrative decision. However, there is no requirement in the QCAT Act that the person has a legal interest in the decision or even that the decision is adverse to their interests.
QCAT may also make an order joining (adding) a person as a party to proceedings, including where the tribunal is of the opinion that a person’s interests may be affected by the proceeding (s 42 QCAT Act).