Queensland Civil and Administrative Tribunal Act 2009Queensland Civil and Administrative Tribunal Regulation 2009Part 1Preliminarypt hdg ins 2009 SL No. 240s 4(1)1Short titleThis regulation may be cited as the Queensland Civil and Administrative Tribunal Regulation 2009.2CommencementThis regulation commences on 31 July 2009.3DefinitionsThe dictionary in schedule 3 defines particular terms used in this regulation.s 3 (prev s 2A) ins 2009 SL No. 278s 4renum 2009 SL No. 278s 11Part 2Oath of officept hdg ins 2009 SL No. 240s 4(2)4Oath of office(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.’.s 4 (prev s 3) renum 2009 SL No. 278s 11Part 3Prescribed feespt hdg ins 2009 SL No. 240s 54AFee for a counter-applicationAn applicant for a counter-application must pay the prescribed fee, if any, for the counter-application.s 4A ins 2016 SL No. 233 s 45Fee for an application or counter-application for a minor civil dispute(1)The fee for an application under section 38(1) of the Act, or counter-application under section 4A, to hear a minor civil dispute is as follows—(a)if the amount claimed is not more than $500 or if no amount is claimed—$25.45;(b)if the amount claimed is more than $500 but not more than $1,000—$65.40;(c)if the amount claimed is more than $1,000 but not more than $10,000—$116.40;(d)if the amount claimed is more than $10,000—$326.80.
(2)However, no fee is payable under subsection (1) by a State-related person.s 5 (prev s 4) ins 2009 SL No. 240s 5renum 2009 SL No. 278s 11sub 2010 SL No. 155s 3 schamd 2011 SL No. 115s 3 sch; 2012 SL No. 102s 3 sch; 2013 SL No. 122s 3 sch; 2014 SL No. 128s 3 sch; 2015 SL No. 53s 88; 2016 SL No. 85 s 90; 2016 SL No. 233 s 5; 2017 SL No. 109 s 996Fee for an application, referral or counter-application(1)The fee for an application or referral under section 38(1) of the Act, or counter-application under section 4A, is—(a)if the proceeding is started under an enabling Act or provision of an enabling Act stated in schedule 1—nil; or(b)if the application, referral or counter application is made by a State-related person—nil; or(c)otherwise—$326.80.
(2)Also, the fee for an application made under the Prostitution Act 1999, section 64A or 64B is $2,595.(3)However, if an application or counter-application mentioned in subsection (1) is an application or counter-application to hear a minor civil dispute, the fee for the application or counter-application is the fee payable under section 5.s 6 (prev s 5) ins 2009 SL No. 240s 5amd 2009 SL No. 278s 5renum 2009 SL No. 278s 11amd 2010 SL No. 155s 3 sch; 2011 SL No. 115s 3 sch; 2012 SL No. 102s 3 sch; 2013 SL No. 122s 3 sch; 2014 SL No. 128s 3 sch; 2015 SL No. 53s 89; 2016 SL No. 19 s 4; 2016 SL No. 85 s 91; 2016 SL No. 233 s 6; 2017 SL No. 109 s 1007Fee for an application for a proceeding to be reopened(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 5 or 6 to make the application or referral that started the proceeding.(3)However, if the fee that would be payable by the party under section 6 is nil because the proceeding was started under an enabling Act or provision of an enabling Act stated in schedule 1, part 1, the fee is $326.80.s 7 (prev s 6) ins 2009 SL No. 240s 5amd 2009 SL No. 278s 6renum 2009 SL No. 278s 11amd 2010 SL No. 155s 3 sch; 2011 SL No. 115s 3 sch; 2012 SL No. 102s 3 sch; 2013 SL No. 122s 3 sch; 2014 SL No. 128s 3 sch; 2015 SL No. 53s 90; 2016 SL No. 19 s 5; 2016 SL No. 85 s 92sub 2016 SL No. 233 s 7amd 2017 SL No. 109 s 1018Fee for an appeal to the appeal tribunal(1)The fee for an appeal to the appeal tribunal against a decision of the tribunal is—(a)for an appeal against a decision of the tribunal on an application or referral made under an enabling Act or provision of an enabling Act—$653.50; or(b)for an appeal against a decision of the tribunal on an application made under the Prostitution Act 1999, section 64A or 64B—$2,595; or(c)for an appeal against a decision of the tribunal on any other application or referral, other than an application to hear a minor civil dispute—$653.50.
(2)However, if the appeal is against a decision of the tribunal in a proceeding for a minor civil dispute, the fee for the appeal is—(a)if the amount claimed is not more than $10,000 or no amount is claimed—$326.80; or(b)otherwise—$653.50.
(3)The fee for an appeal to the appeal tribunal against a decision of another entity under an enabling Act is $326.80.(4)A person may apply, in the approved form, to the principal registrar to pay a reduced fee for a fee payable under subsection (1), (2) or (3).(5)If the principal registrar is satisfied that payment of the fee for an appeal would cause, or would be likely to cause, the applicant for a reduced fee undue financial hardship, the reduced fee is $100.(6)If leave to appeal against a decision of the tribunal or of another entity under an enabling Act is required under section 142 of the Act or under an enabling Act, the fee mentioned in subsection (1), (2), (3) or (5) for the appeal must accompany the application for leave.s 8 (prev s 7) ins 2009 SL No. 240s 5amd 2009 SL No. 278s 7renum 2009 SL No. 278s 11amd 2010 SL No. 155s 3 sch; 2011 SL No. 115s 3 sch; 2012 SL No. 102s 3 sch; 2013 SL No. 122s 3 sch; 2014 SL No. 128s 3 sch; 2015 SL No. 53s 91; 2016 SL No. 19 s 6; 2016 SL No. 85 s 93; 2016 SL No. 233 s 8; 2017 SL No. 109 s 1028ACopying fees for parties(1)A party to a proceeding may, on payment of the prescribed fee, 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 rule 80(3) of the rules, the party must pay a fee for the photocopy.(3)However, a party to a proceeding started under an enabling Act mentioned in schedule 1, part 2 may obtain the copy under subsections (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 proceedings are 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.
s 8A ins 2016 SL No. 233 s 99Other feesOther fees payable under the Act are stated in schedule 2.s 9 (prev s 8) ins 2009 SL No. 240s 5renum 2009 SL No. 278s 1110Waiver 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)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 undue financial hardship.(3)This section does not apply to a fee payable under section 8.s 10 (prev s 9) ins 2009 SL No. 240s 5renum 2009 SL No. 278s 11amd 2016 SL No. 233 s 10Part 4Allowances for witnesses and other personspt hdg ins 2009 SL No. 240s 510AApplication of pt 4This 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(3) 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.s 10A ins 2010 SL No. 155s 3 schamd 2014 SL No. 105s 2311Non-professional witness attendance allowance—Act, s 97(3)(1)The allowance payable to a non-professional witness who is given a notice under section 97(1)(a) of the Act is—(a)if the witness is under 16 years—$40.75; or(b)if the witness is 16 years or older—$81.45;
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.(2)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).s 11 (prev s 10) ins 2009 SL No. 240s 5amd 2009 SL No. 278s 8renum 2009 SL No. 278s 11amd 2010 SL No. 155s 3 sch; 2011 SL No. 115s 3 sch; 2012 SL No. 102s 3 sch; 2013 SL No. 122s 3 sch; 2014 SL No. 128s 3 sch; 2015 SL No. 53s 92; 2017 SL No. 109 s 10312Professional or expert witness attendance allowance—Act, s 97(3)(1)The allowance payable to a professional or expert witness who is given a notice under section 97(1)(a) of the Act is $252.50 for each day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing.(2)However, if the period for which a professional or expert witness is necessarily absent is 7 hours or less, the amount of the allowance payable is as follows—(a)for an absence of 3 hours or less—$95.20;(b)for an absence of more than 3 hours but not more than 4 hours—$132;(c)for an absence of more than 4 hours but not more than 5 hours—$160.70;(d)for an absence of more than 5 hours but not more than 6 hours—$189.40;(e)for an absence of more than 6 hours but not more than 7 hours—$229.60.
(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, the allowance payable for each day or part of a day of necessary absence from the hospital at which the person is employed is $83.75.(4)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.s 12 (prev s 11) ins 2009 SL No. 240s 5renum 2009 SL No. 278s 11amd 2010 SL No. 155s 3 sch; 2011 SL No. 115s 3 sch; 2012 SL No. 90s 41 sch; 2012 SL No. 102s 3 sch; 2013 SL No. 122s 3 sch; 2014 SL No. 128s 3 sch; 2015 SL No. 53s 93; 2017 SL No. 109 s 10413Increase if GST payableIf an amount payable under section 12 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.s 13 (prev s 12) ins 2009 SL No. 240s 5amd 2009 SL No. 278s 9renum 2009 SL No. 278s 1114Conduct money—Act, s 97(3)(1)A person who is given a notice under section 97(1) of the Act is entitled to be paid an allowance, as conduct money, in an amount sufficient to meet the reasonable expenses of complying with the notice.(2)If the reasonable expenses involve travel and accommodation expenses, those components of the expenses are to be calculated as stated in sections 15 and 16.(3)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 11 or 12.s 14 (prev s 13) ins 2009 SL No. 240s 5sub 2009 SL No. 278s 10renum 2009 SL No. 278s 1115Travel expenses(1)For section 14(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 tribunal) and the tribunal; 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 whole cent.
(2)If it is reasonable for the person to travel to and from the tribunal 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 tribunal.(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 tribunal 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 tribunal) 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.s 15 (prev s 14) ins 2009 SL No. 278s 10renum 2009 SL No. 278s 1116Accommodation expensesFor section 14(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.s 16 (prev s 15) ins 2009 SL No. 278s 10renum 2009 SL No. 278s 11Part 5QCAT justices of the peacept hdg ins 2009 SL No. 240s 5sub 2009 SL No. 278s 10om 2010 Act No. 42s 179ins 2013 Act No. 20s 1217Prescribed location for tribunal constituted by QCAT justices of the peace—Act, s 206EFor section 206E of the Act, the following locations are prescribed—(a)Brisbane;(b)Ipswich;(c)Maroochydore;(d)Southport;(e)Townsville.
s 17 (prev s 16) ins 2009 SL No. 278s 10renum 2009 SL No. 278s 11om 2010 Act No. 42s 179ins 2013 Act No. 20s 1218Daily sitting fee payable to QCAT justices of the peace—Act, s 206RFor section 206R(2) of the Act, the prescribed daily sitting fee is $100.s 18 ins 2013 Act No. 20s 1219Expiry of pt 5s 19 ins 2013 Act No. 20s 12om 2016 Act No. 59 s 3320Expiry of the Act, ch 4, pt 4B—Act, s 206BBs 20 ins 2015 SL No. 15 s 3om 2016 Act No. 19 s 45DSchedule 1Enabling Acts and provisions for sections 6 and 8Asections 6 and 8APart 1Acts and provisions for section 6(1)Associations Incorporation Act 1981, section 106K(2)(b)Child Protection (International Measures) Act 2003Information Privacy Act 2009, section 173(1)Retail Shop Leases Act 1994, sections 63 and 64
Part 2Acts and provisions for sections 6(1) and 8A(3)Adoption Act 2009Anti-Discrimination Act 1991Child Protection Act 1999Disability Services Act 2006, section 178(9)Guardianship and Administration Act 2000Powers of Attorney Act 1998Working with Children (Risk Management and Screening) Act 2000
sch 1 ins 2009 SL No. 240 s 6amd 2009 SL No. 278 ss 12, 13; 2010 SL No. 6 s 3; 2009 SL No. 278 s 14; 2010 SL No. 108 s 58; 2010 SL No. 155 s 3 sch; 2010 SL No. 167 s 51; 2011 Act No. 9 s 45; 2011 SL No. 210 s 4; 2011 SL No. 240 s 819; 2011 SL No. 278 s 18; 2012 SL No. 16 s 16; 2012 Act No. 12 s 59 sch pt 1; 2012 SL No. 82 s 14; 2012 SL No. 102 s 3 sch; 2013 Act No. 11 s 18; 2013 No. 13 s 107; 2013 SL No. 105 s 9; 2013 SL No. 265 s 81 sch 5 pt 2; 2013 SL No. 244 s 6; 2014 SL No. 8 pt 3; 2014 Act No. 17 s 184 sch 1 pt 2; 2006 Act No. 12 s 333 sch 2 (amd 2014 Act No. 12 s 74); 2014 Act No. 21 s 94(2) sch 2; 2014 SL No. 97 s 28; 2014 SL No. 103 s 30; 2014 SL No. 105 s 24; 2014 SL No. 124 s 7; 2014 SL No. 126 s 191; 2014 SL No. 127 s 4; 2014 SL No. 145 s 41; 2014 SL No. 163 s 7; 2014 SL No. 225 s 19; 2014 SL No. 251 s 48 sch 2; 2016 SL No. 15 s 22 sch 1; 2016 SL No. 19 s 7; 2016 SL No. 69 s 26; 2016 SL No. 75 s 129 sch 12; 2016 SL No. 89 s 31; 2016 SL No. 96 s 11sub 2016 SL No. 233 s 11amd 2016 Act No. 62 s 493 sch 1 pt 2 (amdt 1 could not be given effect); 2017 SL No. 108 s 4Schedule 2Other feessection 9$
Inspection of register or record for a proceeding
1Fee 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 hour17.20
(b)maximum fee for a day67.70
|
2Additional 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 box36.85
(b)2 boxes41.00
(c)3 or more boxes45.75
|
Copying of register or record for a proceeding
3Fee for a black and white copy of part of the register (under section 229(4)(b) of the Act or section 8A(1)(a)), part of a record for a proceeding (under section 230(3)(b) of the Act or section 8A(1)(b)) or a document or other thing (under section 8A(2)), other than a plan or drawing, for each page—
(a)for less than 20 pages1.95
(b)for 20 to 50 pages1.65
(c)for more than 50 pages1.20
|
4Fee for a colour copy of part of the register (under section 229(4)(b) of the Act or section 8A(1)(a)), part of a record for a proceeding (under section 230(3)(b) of the Act or section 8A(1)(b)) or a document or other thing (under section 8A(2)), other than a plan or drawing, for each page—
(a)for an A4 page6.00
(b)for an A3 page6.40
|
5Fee for a copy of part of the register (under section 229(4)(b) of the Act or section 8A(1)(a)), part of a record for a proceeding (under section 230(3)(b) of the Act or section 8A(1)(b)) or a document or other thing (under section 8A(2)), that is a plan or drawing, for each page—
(a)for an A3 page5.05
(b)for an A2 page6.50
(c)for an A1 page8.30
|
Other
6Fee 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 proceeding20.20
7Fee 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 tribunal20.20
8Fee 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 registry190.00plus the officer’s reasonable travel and other expenses
9Fee for supplying a certificate as to the correctness of a matter in the register of proceedings 62.90in addition to any other fee under items 3–5
sch 2 ins 2009 SL No. 240 s 6amd 2009 SL No. 278 s 15sub 2010 SL No. 155 s 3 schamd 2010 SL No. 230 s 6sub 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 94; 2016 SL No. 85 s 94amd 2016 SL No. 233 s 12sub 2017 SL No. 109 s 105Schedule 3Dictionarysection 3counter-application see the Queensland Civil and Administrative Tribunal Rules 2009, rule 48(1).def counter-application ins 2016 SL No. 233 s 13(1)expert witness means a witness who attends a hearing to give evidence of an expert nature.non-professional witness means a witness who attends a hearing to give evidence of a non-professional nature.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.
def prescribed entity ins 2016 SL No. 233 s 13(1)amd 2016 SL No. 233 s 13(2)professional witness means a witness who attends a hearing to give evidence of a professional nature.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 person acting for the entity; or(d)a prescribed entity.
def State-related person ins 2016 SL No. 233 s 13(1)sch 3 ins 2009 SL No. 240 s 6amd 2009 SL No. 278 s 15