Governance - management and structure
Tribunal member appointments
Appointment of the President
The President must be a Supreme Court judge who is recommended for appointment by the Attorney-General and Minister for Industrial Relations (the Minister) after consultation with the Chief Justice. The President holds office for the period of at least three years but not more than five years, stated in the President’s instrument of appointment.
Appointment of the Deputy President
The Deputy President must be a District Court judge who is recommended for appointment by the Minister after consultation with the Chief Judge. Subject to the Act the Deputy President holds office for the period of at least three years but not more than five years, stated in the Deputy President’s instrument of appointment.
Appointment of senior members and ordinary members
As at the 30 June 2010 QCAT has four appointed senior members and ten ordinary members. Under the Act senior members and ordinary members are appointed as required for the proper functioning of the tribunal. A senior member or ordinary member must be recommended for appointment by the Minister after consultation with the President. The Minister must advertise for applications from appropriately qualified persons to be considered for selection.
A person is eligible for appointment as a senior member only if the person:
- is an Australian lawyer of at least eight years standing, or
- has in the Minister’s opinion extensive knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the tribunal.
A person is eligible for appointment as an ordinary member only if the person:
- is an Australian lawyer of at least six years standing, or
- has in the Minister’s opinion special knowledge, expertise or experience relating to a class of matter for which functions may be exercised by the tribunal.
In recommending persons for appointment as members, the Minister must have regard to the following:
- the need for balanced gender representation in the membership of the tribunal
- the need for membership of the tribunal to include Aboriginal people and Torres Strait Islanders
- the need for the membership of the tribunal to reflect the social and cultural diversity of the general community
- the range of knowledge, expertise and experience of members of the tribunal.
A senior member or ordinary member holds office for the period of at least three years but not more than five years, stated in the member’s instrument of appointment. A person appointed as a senior member or ordinary member may be reappointed whether or not the vacancy in the member’s office has been advertised. A senior member or ordinary member may be appointed on a full-time, part-time or on sessional basis.
Sessional members
As at the 30 June 2010 QCAT has 115 appointed sessional members. Sessional members are ordinary members and meet the eligibility requirements for ordinary members outlined above.
Adjudicators
As at 30 June 2010 QCAT has six appointed adjudicators. Under the Act adjudicators are appointed as required for the proper functioning of the tribunal. An adjudicator must be appointed by the Governor in Council on recommendation from the Minister after consultation with the President.
When selecting a person for recommendation for appointment as an adjudicator, the Minister must advertise for applications from appropriately qualified persons to be considered for selection.
A person is eligible for appointment as an adjudicator only if the person is an Australian lawyer of at least 5 years standing. An adjudicator holds office for the period of at least three years but not more than five years, stated in the adjudicator’s instrument of appointment. A person appointed as an adjudicator may be reappointed whether or not the vacancy in the adjudicator’s office has been advertised. An adjudicator may be appointed on a full-time or part-time basis.
Member appointments – see Appendix 2.
Executive management appointments
QCAT’s Executive Management Group manages the strategic direction of QCAT. It is responsible for the development of long-term business strategies whilst maintaining a focus on clients and the delivery of a high level of customer service.
Related entities
QCAT commenced operations on the 1 December 2009 following the amalgamation of 18 tribunals.
The following six amalgamated tribunals were major entities with budgetary allocations:
- Children Services Tribunal
- Commercial and Consumer Tribunal
- Guardianship and Administrative Tribunal
- Misconduct Tribunals
- Racing Appeals Tribunal.
- Anti-discrimination Tribunal
An additional funding provision of $800,000 was secured relating to minor civil dispute matters.
Boards and committees
Management committee
The Management committee was created under the direction of the President Justice Alan Wilson. This committee consists of the:
- President (chairperson)
- Deputy President
- Executive Director
- one senior member
- two ordinary members
- Principal Registrar
- senior finance officer.
The committee meets on a monthly basis to review financial statements, activity reports, member analysis reports and evaluate key initiatives.
Forms committee
The Forms committee meets on a monthly basis and consists of one senior member and management staff within QCAT. This committee is responsible for the review, update and creation of forms for QCAT applications.
Rules committee
Under section 223 of the Act, the President must establish a Rules committee consisting of the following members:
- the President (chairperson)
- the Deputy President
- a senior member or ordinary member who is appointed on a full-time basis
- a member who is not an Australian lawyer
- other members or adjudicators the President considers appropriate.
This committee meets on monthly basis and its function includes:
- developing and reviewing the rules under the Act
- approving forms for use under the Act
- the other functions conferred on the Rules committee under the Act or an enabling Act that is an Act.
The Rules committee may conduct its business and proceedings at meetings in the way it decides. However, the chairperson has a deliberative vote and in the event of an equality of votes a casting vote.
Innovation committee
The objectives of the Innovative committee are to:
- identify and evaluate opportunities for improvements to service delivery within the registry and the tribunal
- identify future opportunities for budget proposals.
The committee is responsible for encouraging staff to submit service enhancement proposals that relate either to:
- new initiatives
- refining existing practices
- redefining existing practices
- realignment of resources.
The committee is comprised of the QCAT management team and one staff member from each section of the tribunal.
Alternative dispute resolution committee
The Alternative dispute resolution (ADR) committee consists of the following members:
- the President
- the Deputy President
- two senior members
- one ordinary member
- Principal Registrar
- ADR Manager.
Its work focuses on:
- meeting the statutory demand in s4(b) of the Act that the tribunal encourage the early and economical resolution of disputes including if appropriate through ADR processes
- training members in ADR and developing their skills and knowledge on its best use in QCAT’s diverse jurisdictions
- the more effective use of ADR throughout QCAT for example, by increasing the early resolution of matters and avoiding the need for final adjudication through the use of compulsory conferences
- developing internal training and accreditation programmes for members.
Public Sector Ethics Act 1994
The department’s code of conduct provides a clear understanding of the standard of conduct required to be achieved in performing the role as a public official. This is based upon the ethics identified in the Public Sector Ethics Act 1994 which are: respect for persons, integrity, respect for the law and system of government, diligence, economy and efficiency.
Staff are made aware of the code of conduct as part of the QCAT induction program and on an annual basis.
Whistleblowers Protection Act 1994
The department has a policy to assist staff wishing to make a public interest disclosure under the Whistleblowers Protection Act 1994.
No public interest disclosures were made by QCAT staff in 2009-2010.
