Prior to 1 December 2009 you may have had a matter for which proceedings already had started in either:
- a former tribunal, or
- a continuing entity such as the courts or the Queensland Gaming Commission.
Specific rules apply to how these matters will be decided and appealed under QCAT.
Former tribunals
All matters will be transferred to and decided by QCAT, that is, matters for which:
- an application was made but the proceedings had not yet started
- an application was made and proceedings had started.
QCAT will have the same authority to make decisions as the former tribunal.
If you are dissatisfied with QCAT’s final decision and the former tribunal had not started to hear evidence before 1 December 2009 you may appeal QCAT’s decision via QCAT’s internal appeals process.
If the former tribunal had started to hear evidence before 1 December 2009 you may appeal QCAT’s decision under the rules applying to the former tribunal. For example, if you originally made your application to the Commercial and Consumer Tribunal and it had already started to hear evidence, you can apply to the District Court for an appeal of the final decision.
Continuing entities
If you made an application to a continuing entity, such as a court, but the entity had not yet started to hear evidence before 1 December 2009, the court may decide to transfer your matter to QCAT, if the court decides it would be practicable for QCAT to hear the matter.
If a matter is transferred to QCAT:
- QCAT will have the same authority to make decisions as the court
- you can appeal the final decision via QCAT’s internal appeals process.
If you made an application to a continuing entity but the entity had started to hear evidence before 1 December 2009:
- your matter will continue to be heard and decided by the continuing entity
- you can appeal the final decision under the rules of the continuing entity. For example, if you are dissatisfied with a decision made by the Gaming Commission you can apply to the District Court for an appeal of their decision.