Part 1Preliminary1Short titleThis regulation may be cited as the Queensland Civil and Administrative Tribunal Regulation 2019.2CommencementThis regulation commences on 1 September 2019.3DefinitionsThe dictionary in schedule 3 defines particular terms used in this regulation.Part 2Oath of office4Oath of office—Act, s 228(1)For section 228(2) of the Act, the oath is as follows—‘I, [name] swear I will discharge the functions of the office of [title of office] of the Queensland Civil and Administrative Tribunal to the best of my knowledge and ability and that I will treat everyone fairly and without bias according to law.So help me God.’.(2)For section 228(2) of the Act, the affirmation is as follows—‘I, [name] do solemnly, sincerely and truly affirm and declare I will discharge the functions of the office of [title of office] of the Queensland Civil and Administrative Tribunal to the best of my knowledge and ability and that I will treat everyone fairly and without bias according to law.’.Part 3Prescribed feesDivision 1Requirement to pay particular fees5Fee for counter-applicationAn applicant for a counter-application must pay the fee, if any, prescribed for the counter-application.6Copying fees for parties(1)A party to a proceeding may, on payment of the fee stated in schedule 1, obtain a copy of—

(a)a part of the register relating to the proceeding; or

(b)a part of a record kept for the proceeding, filed in the registry.

(2)If a party obtains a photocopy of a document or other thing under the Queensland Civil and Administrative Tribunal Rules 2009, rule 80(3), the party must pay the fee stated in schedule 1 for the photocopy.(3)However, a party to a proceeding started under an enabling Act or a provision of an enabling Act mentioned in schedule 2, part 1 may obtain the copy under subsection (1) or (2) without charge.(4)Despite subsection (3), the fee is payable if the adult who is the subject of the proceeding is dead and the proceeding is started under—

(a)the Disability Services Act 2006, section 178(9); or

(b)the Guardianship and Administration Act 2000; or

(c)the Powers of Attorney Act 1998.

Division 2Fees7Fee for application or counter-application for minor civil dispute(1)This section prescribes, for section 38(1) of the Act and section 5, the fee for the tribunal to deal with an application or counter-application for a minor civil dispute.(2)The fee is—

(a)if the amount claimed is not more than $500 or if no amount is claimed—$26.95; or

(b)if the amount claimed is more than $500 but not more than $1,000—$69.20; or

(c)if the amount claimed is more than $1,000 but not more than $10,000—$123.20; or

(d)if the amount claimed is more than $10,000—$345.80.

(3)However, no fee is payable under subsection (2) by a State-related person.8Fee for application, referral or counter-application for another matter(1)This section prescribes, for section 38(1) of the Act and section 5, the fee for the tribunal to deal with an application, referral or counter-application for a matter other than a minor civil dispute.(2)The fee is—

(a)if the proceeding for the matter is started under an enabling Act or a provision of an enabling Act stated in schedule 2—nil; or

(b)if the application, referral or counter-application is made by a State-related person—nil; or

(c)otherwise—$345.80.

(3)However, the fee for an application made under the Prostitution Act 1999, section 64A or 64B is $2,746.9Fee for application to reopen proceeding—Act, s 138(1)This section prescribes, for section 138(2)(c) of the Act, the fee payable by a party to a proceeding for an application to reopen the proceeding.(2)The fee is the amount the party would be required to pay under section 7 or 8 to make the application or referral that started the proceeding.(3)However, if the fee that would be payable by the party under section 8 is nil because the proceeding was started under an enabling Act or a provision of an enabling Act stated in schedule 2, part 2, the fee is $345.80.10Fee for appeal or application for leave to appeal—Act, s 143(1)This section prescribes, for section 143(2)(c) of the Act, the fee for an application under section 143(1)(a) of the Act or an appeal under section 143(1)(b) of the Act.(2)The fee for the application or appeal is the prescribed amount.(3)If a person pays the fee for an application under section 143(1)(a) of the Act and leave is given, no further fee is payable for the appeal for which leave is given.(4)A person may apply, in the approved form, to the principal registrar to pay a reduced fee for a fee payable under subsection (2).(5)If the principal registrar is satisfied that payment of the fee under subsection (2) would cause, or would be likely to cause, the applicant for a reduced fee financial hardship, the reduced fee is $100.(6)In this section—prescribed amount, for an application or appeal, means—

(a)for a decision of the tribunal on an application made under the Prostitution Act 1999, section 64A or 64B—$2,746; or

(b)for a decision of the tribunal on an application or referral made under an enabling Act or a provision of an enabling Act not mentioned in paragraph (a)—$691.60; or

(c)for a decision of the tribunal in a proceeding for a minor civil dispute—

(i)if the amount claimed is not more than $10,000 or no amount is claimed—$345.80; or

(ii)otherwise—$691.60; or

(d)for a decision of the tribunal other than a decision mentioned in paragraph (a), (b) or (c)—$691.60; or

(e)for a decision of another entity under an enabling Act—$345.80.

11Other feesOther fees payable under the Act are stated in schedule 1.12Waiver of fees(1)A person may apply, in the approved form, to the principal registrar for a fee payable under the Act to be waived.(2)However, a person can not make an application under this section in relation to a proceeding to which the Vexatious Proceedings Act 2005, section 10(2) applies.(3)The principal registrar may waive the payment of a fee if the principal registrar is satisfied payment of the fee would cause, or would be likely to cause, the person financial hardship.(4)This section does not apply to a fee payable under section 10.13Refund of fees paid(1)This section applies if—

(a)the principal registrar waives payment of a fee under section 12(3); and

(b)a person has paid the fee.

(2)The principal registrar must refund the fee to the person.Part 4Allowances for witnesses and other persons14Application of partThis part does not apply to reviews of reviewable decisions under the following Acts—

(a)the Adoption Act 2009;

(b)the Child Protection Act 1999;

(c)the Working with Children (Risk Management and Screening) Act 2000.

Note—Section 97(4) of the Act provides that if no fees and allowances are prescribed under a regulation in relation to a proceeding, a person required to attend or produce a document or thing to the tribunal is entitled to be paid the fees and allowances decided by the tribunal.15Non-professional witness attendance allowance—Act, s 97(1)For section 97(4) of the Act, the allowance payable to a non-professional witness who is given a notice under section 97(1)(a) of the Act is the following amount for each day or part of a day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing—

(a)if the witness is under 16 years—$43.15;

(b)if the witness is 16 years or older—$86.20.

(2)For section 97(6) of the Act, the allowance must be paid to the witness within a reasonable time after the witness attends the hearing as required by the notice mentioned in subsection (1).(3)In this section—non-professional witness means a witness who attends a hearing to give evidence of a non-professional nature.16Professional witness or expert witness attendance allowance—Act, s 97(1)For section 97(4) of the Act, the allowance payable to a professional witness or expert witness who is given a notice under section 97(1)(a) of the Act is $267.20 for each day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing.(2)However, if the witness is necessarily absent as mentioned in subsection (1) for 7 hours or less on a day, the amount of the allowance payable for that day is as follows—

(a)for an absence of 3 hours or less—$100.80;

(b)for an absence of more than 3 hours but not more than 4 hours—$139.70;

(c)for an absence of more than 4 hours but not more than 5 hours—$170.00;

(d)for an absence of more than 5 hours but not more than 6 hours—$200.40;

(e)for an absence of more than 6 hours but not more than 7 hours—$243.00.

(3)Also, if the witness is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital and is necessarily absent from the hospital at which the witness is employed, an additional amount of $88.65 is payable to the witness for each day or part of a day of necessary absence.(4)For section 97(6) of the Act, the allowance must be paid to the witness within a reasonable time after the witness attends the hearing as required by the notice mentioned in subsection (1).(5)Travelling time is to be taken into account for deciding the amount of the allowance under this section.(6)In this section—expert witness means a witness who attends a hearing to give evidence of an expert nature.professional witness means a witness who attends a hearing to give evidence of a professional nature.17Increase if GST payableIf an amount payable under section 16 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST.18Conduct money—Act, s 97(1)For section 97(4) of the Act, a person who is given a notice under section 97(1) of the Act is entitled to be paid an allowance in an amount sufficient to meet the reasonable expenses of complying with the notice (conduct money).(2)If the reasonable expenses involve travel or accommodation expenses, those components of the expenses are to be calculated as stated in section 19 or 20.(3)For section 97(6) of the Act, the conduct money must be paid to the person—

(a)at the time the person is given the notice under section 97(1) of the Act; or

(b)within a reasonable time before the person is required to comply with the notice.

(4)Payment of conduct money is in addition to payment of any other amount to which the person is entitled under section 15 or 16.19Travel expenses(1)For section 18(2), the amount of the travel expenses payable to a person who is given a notice under section 97(1) of the Act is—

(a)the amount payable for fares on public transport for return travel between the person’s place of employment, practice or residence (whichever is the furthest from the relevant place) and the relevant place; or

(b)if there is no public transport available—the amount calculated at the rate per kilometre payable under the Public Service Act 2008 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest 5 cents.

(2)If it is reasonable for the person to travel to and from the relevant place by air, the amount of the travel expenses to be paid is the amount payable for economy class air travel by the person to and from the relevant place.(3)For calculating travel expenses, in deciding whether public transport is available, regard is to be had to whether a public transport system operates by which a person could conveniently—

(a)travel to the relevant place in reasonable time before the person is required to attend a hearing or produce a document or other thing; and

(b)return to the person’s place of employment, practice or residence (whichever is the furthest from the relevant place) after the person has attended the hearing or produced the document or other thing.

(4)In this section—public transport means any form of passenger transport that is available for use by the public on payment of a fare.relevant place means the place at which the person is required to attend a hearing or produce a stated document or other thing by the notice given under section 97(1) of the Act.20Accommodation expensesFor section 18(2), the amount of the accommodation expenses payable to a person who is given a notice under section 97(1) of the Act is the amount calculated at the rate payable under the Public Service Act 2008 to a public service officer for accommodation expenses for official purposes.Part 5QCAT justices of the peace21Prescribed location for tribunal constituted by QCAT justices of the peace—Act, s 206EFor section 206E(1)(b) of the Act, the following locations are prescribed—

(a)Brisbane;

(b)Ipswich;

(c)Maroochydore;

(d)Southport;

(e)Townsville.

22Daily sitting fee payable to QCAT justices of the peace—Act, s 206RFor section 206R(2) of the Act, the daily sitting fee is $100.Part 6Repeal23RepealThe Queensland Civil and Administrative Tribunal Regulation 2009, SL No. 160 is repealed.Part 7Consequential amendments24Legislation amendedSchedule 4 amends the legislation it mentions.Schedule 1Other feessections 6 and 11$Inspection of register or record for a proceeding1Fee for inspecting the register (under section 229(4)(a) of the Act) or the record for a proceeding (under section 230(3)(a) of the Act), other than an inspection made by a party to a proceeding of the part of the register relating to the proceeding or the record kept for the proceeding—(a)for each hour or part of an hour18.20(b)maximum fee for a day71.652Additional fee for inspecting the register or the record for a proceeding (other than an inspection made by a party to a proceeding of the part of the register relating to the proceeding or the record kept for the proceeding) if the register or record, or part of the register or record, must be retrieved from off-site storage, for each box retrieved—(a)1 box39.00(b)2 boxes43.40(c)3 or more boxes48.40Copying of register or record for a proceeding3Fee for a black and white copy of a part of the register (under section 229(4)(b) of the Act or section 6(1)(a)), a part of a record for a proceeding (under section 230(3)(b) of the Act or section 6(1)(b)) or a document or other thing (under section 6(2)), other than a plan or drawing, for each page—(a)for less than 20 pages2.05(b)for 20 to 50 pages1.75(c)for more than 50 pages1.304Fee for a colour copy of a part of the register (under section 229(4)(b) of the Act or section 6(1)(a)), a part of a record for a proceeding (under section 230(3)(b) of the Act or section 6(1)(b)) or a document or other thing (under section 6(2)), other than a plan or drawing, for each page—(a)for an A4 page6.35(b)for an A3 page6.755Fee for a black and white copy of a part of the register (under section 229(4)(b) of the Act or section 6(1)(a)), a part of a record for a proceeding (under section 230(3)(b) of the Act or section 6(1)(b)) or a document or other thing (under section 6(2)), that is a plan or drawing, for each page—(a)for an A3 page5.35(b)for an A2 page6.90(c)for an A1 page8.80Other6Fee for an application (under section 63(5) of the Act) for an order requiring a person who is not a party to a proceeding to produce a document or thing to the tribunal or a party to a proceeding21.357Fee for an application (under section 97(2) of the Act) for a notice requiring a person to attend at a stated hearing of a proceeding to give evidence or produce a stated document or other thing to the tribunal21.358Fee for an officer of the tribunal to accompany a record or document at a place out of a registry of the tribunal, for each day or part of a day the officer is necessarily absent from the registry 201.10plus the officer’s reasonable travel and other expenses9Fee for supplying a certificate as to the correctness of a matter in the register 66.55in addition to any other fee under items 3–5Schedule 2Enabling Acts and provisions for sections 6, 8 and 9sections 6, 8 and 9Part 1Acts and provisions for sections 6(3) and 8(2)(a)

Adoption Act 2009

Anti-Discrimination Act 1991

Child Protection Act 1999

Disability Services Act 2006, section 178(9)

Guardianship and Administration Act 2000

Powers of Attorney Act 1998

Working with Children (Risk Management and Screening) Act 2000

Part 2Acts and provisions for sections 8(2)(a) and 9(3)

Associations Incorporation Act 1981, section 106K(2)(b)

Child Protection (International Measures) Act 2003

Education (Accreditation of Non-State Schools) Act 2017

Information Privacy Act 2009, section 173(1)

Retail Shop Leases Act 1994, sections 63 and 64

Schedule 3Dictionarysection 3counter-application see the Queensland Civil and Administrative Tribunal Rules 2009, rule 48(1).prescribed entity means any of the following entities—

(a)the Board of Architects of Queensland under the Architects Act 2002;

(b)the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002;

(c)the Crime and Corruption Commission;

(d)the Health Ombudsman under the Health Ombudsman Act 2013;

(e)the Legal Services Commissioner under the Legal Profession Act 2007;

(f)a National Health Practitioner Board under the Health Practitioner Regulation National Law (Queensland);

(g)the Professional Capacity and Teacher Conduct Committee under the Education (Queensland College of Teachers) Act 2005;

(h)the Queensland Building and Construction Commission under the Queensland Building and Construction Commission Act 1991;

(i)the Queensland College of Teachers under the Education (Queensland College of Teachers) Act 2005;

(j)the Surveyors Board of Queensland under the Surveyors Act 2003;

(k)the Valuers Registration Board of Queensland under the Valuers Registration Act 1992;

(l)the Veterinary Surgeons Board of Queensland under the Veterinary Surgeons Act 1936.

State-related person means—

(a)the Sovereign; or

(b)the State or a person acting for the State; or

(c)an entity whose expenditure is payable, in whole or in part, out of the consolidated fund or a person acting for the entity; or

(d)a prescribed entity or a person acting for the entity.

Schedule 4Consequential amendmentssection 24City of Brisbane Regulation 20121Section 277, note, ‘Queensland Civil and Administrative Tribunal Regulation 2009’—omit, insert—Queensland Civil and Administrative Tribunal Regulation 2019Local Government Regulation 20121Section 299, note, ‘Queensland Civil and Administrative Tribunal Regulation 2009’—omit, insert—Queensland Civil and Administrative Tribunal Regulation 2019