1. Before you apply to QCAT
Use this form to request QCAT to ‘stay’ a decision which places the original decision made against you on hold while your QCAT proceeding takes place.
When you bring a new application to QCAT you can request QCAT to place the original decision made against you on hold. This means that the original decision is postponed or placed on hold and will not take affect until QCAT has heard the initial application.
For example, you may wish to place a decision made by the QBCC in relation to building works on hold until such time as a review of the QBCC decision has been conducted. Or you may have a dog declared dangerous by your local council and you wish this decision to be placed on hold while your review is conducted with QCAT.
Before applying you must ensure the request you are making is clear and concise. You must provide sufficient reasons and supporting material (if required) as to why the request should be made.
Before you make a stay application you should also consider that the purpose of this form is not to make general requests for your matter to be heard as a priority or expedite the hearing of your matter in a shorter time frame.
2. If your application is urgent
QCAT usually considers applications to stay a decision on an urgent basis. QCAT will always try to hear an application to stay a decision quickly, which may involve disregarding formal processes if this is necessary and does not disadvantage or cause prejudice to any party.
Once received, QCAT will assess your stay application for urgency. Your request will then be progressed to QCAT to be considered as a priority.
If you file the application in hard copy or by post please note the urgency in the application or cover letter.
If you file your application via email please clearly note the urgency in the email subject line and application also.
3. Complete and lodge this form
To make an application to stay a decision you can lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You may be required to pay an appropriate fee to make the stay application. Please check before proceeding.
Form 44 - Application to stay a decision
The purpose of this form is to ask QCAT to place the original or internally reviewed decision on hold until such time as the review has been conducted.
4. How to lodge your application
When filing the application, you are required to file the application and supporting material along with three copy in one of the following ways:
MINOR CIVIL DISPUTES
CHILD PROTECTION REVIEWS
ALL OTHER CIVIL CASES
5. Giving your application to the other parties
At the time of filing your application at QCAT, you should also immediately give a copy of the application to the other parties.
You must provide evidence to QCAT that you have given the other parties your application. For example, if you email the application to QCAT ensure you copy the other parties into the email so QCAT can identify you have served all parties.
If your matter relates to certain matter types you do not need to give a copy of the application to the other parties in those cases. QCAT will provide the other parties with a copy. The matters include those made under the following laws:
- Adoption of Children Act 1964
- Child Protection Act 1999
- Disability Services Act 2006, section 178(9)
- Education and Care Services Act 2013
- Education and Care Services National Law (Queensland)
- Working with Children (Risk Management and Screening) Act 2000
6. What happens next?
After you have submitted your application request, QCAT will seek the views of the other parties if required.
QCAT will then consider the application and decide whether to grant your request.
Once a decision has been made by QCAT, the registry will email or post you a copy of the directions or decision with the outcome.