This regulation may be cited as the Queensland Civil and Administrative Tribunal Legislation Amendment Regulation (No. 1) 2016 .
This regulation commences on 4 April 2016.
This part amends the Queensland Civil and Administrative Tribunal Regulation 2009 .
4Amendment of s 6 (Fee for an application or referral made under an enabling Act—Act, s 38(1))
Section 6(1)—
omit, insert—(1)The fee for an application or referral made under an enabling Act or provision of an enabling Act stated in schedule 1, part 1 is $305.
5Amendment of s 7 (Fee for an application for a proceeding to be reopened—Act, s 138(2)(c))
Section 7(1)(b)—
omit, insert—(b)if no fee is stated in section 5 or 6 for the application or referral that started the proceeding, for a proceeding started under an enabling Act or provision of an enabling Act stated in—(i)schedule 1, part 1—$305; or(ii)schedule 1, part 2—nil.
6Amendment of s 8 (Fee for an appeal to the appeal tribunal—Act, s 143(2)(c))
Section 8(1)(a), ‘parts 1 to 5’—
omit, insert—part 1
7Amendment of sch 1 (Enabling Acts and provisions)
(1)Schedule 1, parts 1 to 5—
omit, insert—Adult Proof of Age Card Act 2008
Agents Financial Administration Act 2014 , section 45, 103 or 122(1)
Agricultural Chemicals Distribution Control Act 1966
Agricultural Chemicals Distribution Control Regulation 1998
Agricultural Standards Act 1994 , section 50(1) or 51
Animal Care and Protection Act 2001 , section 196(2) or 198A
Animal Management (Cats and Dogs) Act 2008 , section 184(2) or 188
Apiaries Regulation 1998
Architects Act 2002 , section 121(2)
Associations Incorporation Act 1981 , section 111(1) or 113
Biodiscovery Act 2004
Births, Deaths and Marriages Registration Act 2003
Body Corporate and Community Management Act 1997 , section 47AA(3)(b), 47B(3)(b), 48(1)(b), 133(2)(b), 149A(b), 149B(2)(b), 178(2)(b), 304, 385(8)(b), 387(6)(b), 389(4), 405(2)(b), 412(2)(b) or 414(3)
Building Act 1975 , section 189(2)
Building and Construction Industry Payments Act 2004 , section 96(1) or 97
Casino Control Act 1982 , section 91A
Charitable and Non-Profit Gaming Act 1999 , section 174(2), (4) or (5)
Chemical Usage (Agricultural and Veterinary) Control Act 1988
Civil Partnerships Act 2011 , section 29
Classification of Computer Games and Images Act 1995
Classification of Films Act 1991
Classification of Publications Act 1991
Community Ambulance Cover Act 2003 (repealed, as applied by the Community Ambulance Cover Levy Repeal Act 2011 , section 22)
Cooperatives Act 1997
Crime and Corruption Act 2001 , section 219G(1) (for any application other than an application by the Crime and Corruption Commission)
Debt Collectors (Field Agents and Collection Agents) Act 2014 , section 117 or 119(1)
Disability Services Act 2006 , section 109(1) or 115(3)
Disaster Management Act 2003
Domestic Building Contracts Act 2000 , section 18(6)(b), 55(4), 60(3) or 84(2)(b) or (3)(b) (repealed, as applied by the Queensland Building and Construction Commission Act 1991 , schedule 1, section 62)
Drugs Misuse Act 1986
Duties Act 2001
Education and Care Services Act 2013
Education and Care Services National Law (Queensland) Act 2011
Education (General Provisions) Act 2006 , section 139, 394, 397 or 402
Education (Overseas Students) Act 1996
Education (Queensland College of Teachers) Act 2005 , section 215
Education (Queensland Curriculum and Assessment Authority) Act 2014 , part 5, division 3
Electricity Act 1994 , section 216(1) or 219(1)
Electricity Regulation 2006 , section 210(1) or 212(a) or (b)
Environmental Offsets Act 2014 , section 30 or 38
Environmental Offsets Regulation 2014 , section 20(1) or 21
Exotic Diseases in Animals Act 1981 , section 33(1)(c) (for any application other than an application by the Minister) or 34(1)(b)
Explosives Act 1999 , section 110(1) or 111
Financial Intermediaries Act 1996
Fire and Emergency Services Act 1990
First Home Owner Grant Act 2000
Fisheries Act 1994
Food Act 2006 , section 240(1) or 241
Food Production (Safety) Act 2000
Funeral Benefit Business Act 1982 , section 61(6) or 65(9)
Further Education and Training Act 2014
Gaming Machine Act 1991 , section 29
Gas Supply Act 2003
Guide, Hearing and Assistance Dogs Act 2009
Health (Drugs and Poisons) Regulation 1996
Health Ombudsman Act 2013 , section 94(1)(a) or (c) or (2)(b)
Health Practitioner Regulation National Law (Queensland), section 199
Health Practitioners (Disciplinary Proceedings) Act 1999 , section 398F (repealed, as applied by the Health Ombudsman Act 2013 , section 315)
Heavy Vehicle National Law (Queensland)
Information Privacy Act 2009 , section 133(1)
Integrated Resort Development Act 1987
Interactive Gambling (Player Protection) Act 1998 , section 249, 250, 251, 252, or 253(1) or (2)
Interactive Gambling (Player Protection) Regulation 1998
Introduction Agents Act 2001
Keno Act 1996 , section 228, 229, 230, 231, 232 or 233
Land Protection (Pest and Stock Route Management) Act 2002
Legal Profession Act 2007 , section 26(4)(b), 51(9), 54(2)(b) or (4)(b), 61(3)(b), 62(3)(a), 69(3)(b), 70(3), 76(3)(b), 87(5), 183(4)(b), 185(7)(b), 188(3)(b), 189(3)(a), 194(3)(b), 195(3)(b), 208(4)(b), 278(6), 328(1), 375(1)(c), 392(1), 393(1) or 469(1) (in relation to section 469(1), for any application other than an application by the Legal Services Commissioner)
Liquid Fuel Supply Act 1984
Liquor Act 1992 , section 30(1)
Liquor Regulation 2002
Local Government Regulation 2012 , section 158
Lotteries Act 1997
Manufactured Homes (Residential Parks) Act 2003
Marine Parks Act 2004 , section 120(1) or 121
Marine Parks Regulation 2006 , section 150(1) or 151
Motor Accident Insurance Act 1994
Motor Dealers and Chattel Auctioneers Act 2014 , section 196 or 198(1)
Nature Conservation (Administration) Regulation 2006 , section 102(1) or 103
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , section 62(1)
Pest Management Act 2001 , section 107(1) or 108
Petroleum and Gas (Production and Safety) Act 2004
Pharmacy Business Ownership Act 2001
Plant Protection Act 1989
Police Powers and Responsibilities Act 2000 , section 602P
Private Health Facilities Act 1999 , section 130(1) or 131
Professional Engineers Act 2002 , section 122(2)
Property Occupations Act 2014 , section 176 or 178(1)
Public Health Act 2005
Public Health (Infection Control for Personal Appearance Services) Act 2003 , section 123(1) or 124
Queensland Building and Construction Commission Act 1991 , section 77(1) or 87
Queensland Heritage Act 1992
Racing Act 2002 , section 150(1) or (2), 152A or 242(2)
Radiation Safety Act 1999 , section 187(1) or 188
Recreation Areas Management Act 2006 , section 209(1) or 210
Residential Services (Accreditation) Act 2002 , section 157(4) or 159
Retail Shop Leases Act 1994 , section 22E
Retirement Villages Act 1999 , section 29(1) or (3), 157 (an application to the principal registrar to have a retirement village dispute referred to mediation), 167, 169(2), 170(2) or 171(2)
Right to Information Act 2009 , section 121
Sanctuary Cove Resort Act 1985
Second-hand Dealers and Pawnbrokers Act 2003
Security Providers Act 1993
South Bank Corporation Act 1989
Stock Act 1915
Surveyors Act 2003 , section 163(1) or (2)
Tattoo Parlours Act 2013 , section 56(1)
Taxation Administration Act 2001
Tourism Services Act 2003 , section 85
Tow Truck Act 1973
Transport Infrastructure Act 1994
Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008
Transport Operations (Marine Pollution) Act 1995
Transport Operations (Marine Safety) Act 1994
Transport Operations (Passenger Transport) Act 1994
Transport Operations (Road Use Management) Act 1995
Transport Planning and Coordination Act 1994 , section 32(1)
Transport (Rail Safety) Act 2010
Valuers Registration Act 1992 , section 61(1)
Vegetation Management Act 1999
Veterinary Surgeons Act 1936 , section 22H
Victims of Crime Assistance Act 2009 , section 116(7), 125(2) or 190(7)
Wagering Act 1998 , section 291, 292, 293, 294, 295, 296 or 297
Water Act 2000 , section 865(1)(a) or 877(1)(a) or (c)
Water Supply (Safety and Reliability) Act 2008 , section 516(2)(b) or 517(4)
Weapons Act 1990(2)Schedule 1, part 6, heading, ‘7(1)(b)(i)’—
omit, insert—7(1)(b)(ii)(3)Schedule 1, part 6—
renumber as part 2.
This part amends the Queensland Civil and Administrative Tribunal Rules 2009 .
9Amendment of r 7 (Form of application)
(1)Rule 7(1), after paragraph (a)—
insert—(aa)if the application is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or(2)Rule 7(1)(b), from ‘if’ to ‘matter’—
omit, insert—otherwise(3)Rule 7(1)(aa) and (b)—
renumber as rule 7(1)(b) and (c).
10Amendment of r 9 (Referring matter)
(1)Rule 9(1)(a)(ii), from ‘if’ to ‘matter’—
omit, insert—otherwise(2)Rule 9(1)(a)(ii)—
renumber as rule 9(1)(a)(iii).(3)Rule 9(1)(a)—
insert—(ii)if the referral is filed electronically under rule 24 and a practice direction prescribes the form to be used—in that form; or
11Amendment of r 19 (Period within which notice must be given)
(1)Rule 19(2), definition prescribed period, before paragraph (a)—
insert—(aa)if the copy is of an application for a minor debt claim—90 days; or(2)Rule 19(2), definition prescribed period, paragraph (a), after ‘if’—
insert—the copy is not of an application for a minor debt claim and(3)Rule 19(2), definition prescribed period, paragraphs (aa) to (b)—
renumber as paragraphs (a) to (c).
12Amendment of r 20 (Notice given by principal registrar for particular proceedings)
Rule 20(1)(a), ‘ Adoption of Children Act 1964 ’—
omit, insert—Adoption Act 2009
13Amendment of r 21 (Alternative notice requirements for proceedings about persons with impaired capacity etc.)
(1)Rule 21(3)(b)(v) and (vi)—
omit.(2)Rule 21(3)(b)(vii) and (viii)—
renumber as rule 21(3)(b)(v) and (vi).
14Replacement of r 24 (Filing documents other than for minor civil dispute)
Rule 24—
omit, insert—(1)An application, referral or other document in a proceeding may be filed—(a)in person; or(b)by post; or(c)electronically, in the way prescribed by a practice direction; or(d)if the document is an application or a referral for a proceeding other than a proceeding for a minor civil dispute and there is no fee payable for the document—by fax.(2)In this section—electronically includes by email.
15Omission of r 25 (Filing documents for minor civil dispute other than minor debt claim)
Rule 25—
omit.
16Amendment of r 26 (Filing documents for minor debt claim)
(1)Rule 26(1)—
omit.(2)Rule 26(2), ‘However, the document may’—
omit, insert—An application or other document in a proceeding for a minor debt claim may also(3)Rule 26(2)(a)(ii), ‘subrule (3)’—
omit, insert—subrule (2)(4)Rule 26(3), ‘subrule (2)(a)(ii)’—
omit, insert—subrule (1)(a)(ii)(5)Rule 26(4), ‘Subrule (3)(c)’—
omit, insert—Subrule (2)(c)(6)Rule 26(2) to (4)—
renumber as rule 26(1) to (3).
17Amendment of r 27 (Responsibility for document electronically filed)
(1)Rule 27, heading, after ‘filed’—
insert—under r 26(2)Rule 27(1), ‘rule 26(2)’—
omit, insert—rule 26(1)
Part 4, division 2—
insert—27ASigning a document to be electronically filed
(1)This rule applies to a document filed electronically under rule 24(1)(c) or 26(1).(2)The document is taken to be signed by a person if the person’s name is written at a place on the document indicated to be a place where the document may or must be signed.
19Amendment of r 28 (Only original document required to be filed for particular proceedings)
Rule 28(1)(a), ‘ Adoption of Children Act 1964 ’—
omit, insert—Adoption Act 2009
20Amendment of r 29 (Number of copies to be filed in other proceedings)
(1)Rule 29(1)—
omit, insert—(1)This rule does not apply to filing a document—(a)electronically under rule 24(1)(c) or 26(1) or by fax; or(b)in a proceeding to which rule 28 applies.(2)Rule 29(2), ‘the proceeding’—
omit, insert—a proceeding
21Amendment of r 31 (When document is filed)
(1)Rule 31—
insert—(2A)If a document is filed electronically under rule 24(1)(c), by fax or in a proceeding other than for a proceeding to which rule 28 applies, the principal registrar must send a stamped copy of the document to—(a)if the entity who filed the document has an electronic service address that is working—the electronic service address for the entity; or(b)otherwise—the service address for the entity.(2B)A paper copy of an electronic document sent to an entity under subrule (3) is taken for all purposes, including service, to be—(a)a copy of the document in the record for the proceeding; and(b)issued by the tribunal; and(c)stamped with the tribunal’s seal.(2)Rule 31(2A) to (5)—
renumber as rule 31(3) to (7).
22Amendment of r 32 (Refusal to file document)
Rule 32(3)—
omit, insert—(3)If the principal registrar refuses to file a document filed electronically under rule 24(1)(c) or 26(1), the principal registrar must advise the entity who filed the document that the principal registrar has refused to file the document.
23Amendment of r 33 (Approved entity must be sent a copy of document electronically filed)
(1)Rule 33, heading, after ‘filed’—
insert—under r 26(2)Rule 33(3), ‘court’—
omit, insert—tribunal
24Amendment of r 54 (Corporation)
Rule 54—
insert—(5)In this rule—officer, of a corporation, means—(a)an officer within the meaning given by the Corporations Act, section 9 for a corporation; or(b)an employee of the corporation.
25Replacement of r 60 (Form of application for debt or liquidated demand of money)
Rule 60—
omit, insert—60Form of application for debt or liquidated demand of money
(1)An application for a decision by default for a debt or liquidated demand of money must be made—(a)in the approved form; or(b)if the application is filed electronically under rule 24(1)(c) and a practice direction prescribes the form to be used—in that form.(2)The application must have the following attached—(a)an affidavit about how a copy of the original application for the recovery of the debt or liquidated demand of money was given to the respondent;(b)an affidavit about the debt or liquidated demand of money stating—(i)that the whole of the debt or liquidated demand of money is still owing; or(ii)if part of the debt or liquidated demand of money has been paid—when the payment was made, the amount paid and how much is still owing.(3)The application must be filed.
26Replacement of r 60A (Form of application for unliquidated damages)
Rule 60A—
omit, insert—60AForm of application for unliquidated damages
(1)An application for a decision by default claiming recovery of an amount consisting of, or including, unliquidated damages from a person must be made—(a)in the approved form; or(b)if the application is filed electronically under rule 24(1)(c) and a practice direction prescribes the form to be used—in that form.(2)The application must have the following attached—(a)an affidavit about how a copy of the original application for the recovery of the unliquidated damages was given to the respondent;(b)an affidavit about the unliquidated damages—(i)stating the basis on which recovery of the amount of unliquidated damages is claimed; and(ii)including all information necessary to show how the claim has been calculated, including by annexing all supporting material to the affidavit; and(iii)if costs or interest is claimed in the application—stating the basis on which the costs or interest is claimed, including all information necessary to show how the claim has been calculated.(3)The application must be filed.
27Amendment of r 62 (Application for electronic decision by default)
(1)Rule 62, heading, after ‘default’—
insert—for minor debt claim(2)Rule 62(1)(a), after ‘electronically filed’—
insert—under rule 26(1)
28Amendment of r 63 (Electronic decision by default)
Rule 63, heading, after ‘default’—
insert—for minor debt claim
29Amendment of r 87 (Assessing costs)
Rule 87—
insert—(3)The assessor is to decide the procedure to be followed on the assessment of the costs.(4)However, the procedure must be consistent with the objects of the Act, an enabling Act or these rules.(5)Without limiting subrule (3) or (4), the assessor may decide to do all or any of the following—(a)hear the assessment in private;(b)carry out the assessment on the papers without an oral hearing;(c)not be bound by laws of evidence or procedure applying to a proceeding in the tribunal;(d)be informed of the facts in any way the assessor considers appropriate;(e)not make a record of the evidence given.
30Amendment of r 100 (Form and content of register of proceedings)
(1)Rule 100(1)(b)(iii)—
omit.(2)Rule 100(1)(b)(iv) to (vii)—
renumber as rule 100(1)(b)(iii) to (vi).
Part 11—
insert—100A Approving entity for electronic filing
The principal registrar may approve an entity to prepare documents for electronic filing under rule 26(1).
32Amendment of r 117 (Copy of application to be given to all concerned)
Rule 117(1)(b)—
omit, insert—(b)the Queensland Building and Construction Commission applies to the tribunal to conduct a public examination under the Queensland Building and Construction Commission Act 1991 .
33Amendment of schedule (Dictionary)
Schedule, definition approved entity, paragraph (a)(ii), from ‘a’ to ‘filed’—
omit, insert—the principal registrar under rule 100A