Evidence and witnesses
Evidence and witnesses can be presented at a hearing to help each party prove their case. At the hearing QCAT may allow each party the opportunity to:
- call or give evidence
- examine, question and re-question a witness and
- make a submission to recover legal costs from the other party.
The tribunal may place some restrictions on this, for example if enough information has been presented to allow a decision to be made, the tribunal may not allow the parties to present more information.
The tribunal may on its own initiative:
- call a person to give evidence
- examine a witness on oath or require a witness to give evidence by statutory declaration
- examine or question a witness to obtain information
- order a witness to answer questions that are relevant to the proceeding.
Evidence must be given orally or in writing and if required, under oath or by affidavit.
Ordering a person to attend your hearing or produce documents
You may believe that a person should attend your hearing to provide evidence or a person has documents that could be used as evidence. You can apply to QCAT to order this person to attend or produce the documents by completing and lodging Form 38 - Application for notice requiring witness to attend or produce document or thing (PDF File, 337.2 KB).
Only QCAT can order a person to attend a hearing or to produce documents by issuing an attendance notice. QCAT may charge a fee for this service. If a person is willing to attend or produce a document you do not need to apply to QCAT.
Children and other special persons
Where a witness is a child or a person who QCAT considers would be likely to:
- be disadvantaged because of their mental, intellectual or physical impairment or a relevant matter, or
- suffer severe emotional trauma, or
- be so intimidated as to be disadvantaged.
QCAT may make special arrangements including allowing a support person to be with them while they give evidence, obscuring their identity or excluding a particular person from the proceeding.