Decision made by a judicial member
A judicial member is:
- the president
- the deputy president
- a supplementary member who is a Supreme Court judge or District Court judge
- a senior member or ordinary member who is a former judge and is nominated by the President to exercise the power of the tribunal to make an order or give a direction.
If the QCAT decision was made by a judicial member you cannot appeal to the Internal Appeal Tribunal in QCAT. You can only appeal a decision made by a judicial member to the Court of Appeal on a:
- question of law - a question which must be answered by applying relevant legal principles, by an interpretation of the law
- question or fact - a question which must be answered by reference to facts and evidence, and inferences arising from those facts, or
- question of mixed law and fact.
If you are applying on a question of law you do not have to ask the Court of Appeal for permission to appeal QCAT’s decision. However you must ask the Court of Appeal for permission if you are appealing on a question of fact, or a mixed question of fact and law.
When the Court of Appeal hears the appeal, a new hearing will take place which will consider the original information and evidence presented. New information and evidence may only be presented if you make an application to the Court of Appeal and your request is approved.
Your appeal does not affect the operation of the original QCAT decision. However in some cases, QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the decision from being carried out until the appeal has been finalised.
Time limits
In most cases an application to appeal against a QCAT decision to the Court of Appeal must be lodged within 28 days of you receiving the written reasons for the decision being appealed against. Some Acts limit the appeals process altogether.
Court of Appeal’s decision
If your appeal is based on a question of law the Court of Appeal may:
- confirm or amend the decision
- set aside the decision and substitute with its own decision, or
- set aside the decision and return the matter to QCAT or the original body that made the decision to reconsider it.
If your appeal is based on a question of fact or a question of mixed law and fact the Court of Appeal may:
- confirm or amend the decision
- set aside the decision and substitute with its own decision.