QCAT is able to review a decision that has been made by the department about your application to adopt a child including:
- not entering a person’s name on an expression of interest register
- removing a person’s name from an adoption list, expression of interest register or assessment register on the basis of eligibility or non-compliance with a regulation
- an unfavourable assessment of a person whose name is in an adoption list or expression of interest register
- an unfavourable assessment based on criminal history alone
- an assessment of a prospective adopter whose name is in an assessment register or an interim order
- not allowing a person to make an application to arrange and adopt a stated child.
If you feel the decision is wrong you can apply for a review of the decision. Generally you need to apply to QCAT for a review of a decision within 28 days of you being notified of the decision.
If you have not received reasons for the decision you have 28 days to apply to QCAT from the day the reasons are given to you or 28 days from when you asked for the reasons, whichever is earliest. There are exceptions to the 28 day rule so check your QCAT information notice for information about the time limit that applies in your case.
When you apply for a review of the decision you can also apply for a stay of the decision. Your application for a stay will be considered by QCAT at a hearing. A stay stops the decision being carried out until a final hearing can be held. A stay will only be agreed to in special circumstances and may not be granted.
Descriptions of QCAT's jurisdiction on this website are general information only. They do not definitively describe the types of applications on which QCAT can make decisions. The relevant legislation determines QCAT's jurisdiction. If you are unsure about your legal rights, you should seek legal advice. Your individual circumstances should guide any actions taken to resolve your dispute.