How we resolve cases
Application to hearing
Mediation processes administered by QCAT prior to an application being made
In some cases a dispute resolution process is administered by QCAT before a matter is within the QCAT jurisdiction.
For example under the Retail Shop Leases Act 1994 and the Retirement Villages Act 1999 clients may apply toQCAT for mediation prior to an application being referred or made to QCAT.
All other applications
For all other applications the process begins with the filing of an application. To help clarify the issues and resolve the dispute many matters are then referred to an alternative dispute resolution process such as mediation or a compulsory conference.
Some matters are not suitable for an alternative dispute resolution process and proceed directly to a hearing.
Compulsory conferences
One of the defining features of QCAT’s jurisdiction is the use of compulsory conferences. For the first time in Queensland parties are able to access a process which is a hybrid of mediation and case management.
Chaired by a member of the tribunal a compulsory conference enables the parties to discuss the issues in dispute freely and frankly in a neutral environment. They are able to resolve their dispute with the assistance but not adjudicative intervention of the tribunal.
At times the tribunal has met some resistance from parties who thought they had exhausted their capacity to negotiate and were simply interested in receiving a decision from an external body.
However through persistence and education the tribunal is effecting a change in the culture of litigation in its jurisdiction. Parties now appreciate the opportunity to discuss their concerns in a structured but private environment with an experienced member at the same level as the final decision maker (if the matter goes to a hearing).
The Act gives the tribunal extensive powers to make directions if the parties are unable to resolve their dispute at a compulsory conference. Members use these powers to focus the parties’ attention on any insufficiencies in the evidence, how their evidence will be presented and how the hearing can be undertaken as quickly and economically as possible.
These directions, which are tailored to the particular dispute provide a number of advantages.
The eventual hearing often takes a shorter period of time and sometimes the matter can be determined ‘on the papers’ - that is, without a formal hearing.
Compulsory conferences and the directions made (if necessary) after them also enable the tribunal to fulfil the very important duty it has under section 29 of the Act - to ensure that each party understands the practise and processes of the tribunal, the nature of the assertions made against it, the views of the parties and their witnesses and the effect of any decision of the tribunal.
Compulsory conferences are also useful in ensuring that parties from non-English speaking backgrounds, with cultural differences, impaired capacity or a physical disability have proper access to and understanding of the tribunal and its functions.
Since QCAT’s commencement 696 compulsory conferences have been conducted. Of those, 316 which represents 45 per cent have concluded successfully.
This initial statistic indicates that as parties’ understanding of compulsory conference increases the success rates may improve to a figure in excess of 50 per cent.
Legal representation
Parties are only allowed legal representation at a proceeding if the tribunal gives them leave or where a party is a child or a person with impaired capacity or the proceedings relate to or involve a review of disciplinary action.
Hearings
Hearings involve the parties appearing before an adjudicator or member or a panel of up to three members.
Parties may call witnesses, give evidence, ask questions of witnesses and make submissions. Hearings can take from an hour or two to a number of days depending on the complexity of the issues.
Decisions
After the hearing the member will either deliver a decision orally or write a decision and provide it to all parties as soon as practicable.
Appeals and re-openings
In limited matters a party to a proceeding can apply for the proceeding to be reopened. If the proceeding is reopened the tribunal can make a different decision from the previous decision.
In some circumstances a party to a proceeding may appeal to the Appeal Tribunal within QCAT on a question of law or a combination of law and fact. The Appeal Tribunal is constituted by one or more judicial members or in appropriate cases a judicial member with one, two or three suitably qualified members.
Where a judicial member constituted the tribunal QCAT decisions can be appealed to the Queensland Court of Appeal on a question of law or mixed fact and law and with the leave of the Court of Appeal.
A party may appeal to the Queensland Court of Appeal against a decision of the QCAT Appeal Tribunal on a question of law and with leave of the Court of Appeal.
