1. Before you apply to QCAT
Use section 6 under PART C of the form below to request QCAT to direct another party to produce document, thing or information.
If you require another party to the proceeding to produce a document, thing or information you can request QCAT to direct the party to do this. Only QCAT can direct a party to produce the requested item. For further information please consider s62 of the Queensland Civil and Administrative Tribunal Act 2009 in relation to directing parties to produce document, thing or information.
Before applying you must ensure the request you are making is clear and concise. QCAT does not conduct what is called a ‘fishing expedition’ by directing parties to file voluminous amounts of material without reason. You should provide as much detail as possible about the item you want produced, such as date, name and clear description. You then must provide sufficient reasons and supporting material (if required) as to why the material should be produced to the tribunal.
Before you apply you must also be aware that the information will be provided to QCAT and may not be provided directly to the parties. QCAT will in some cases consider if the material is appropriate to be viewed by the parties before you can view the material. If the material is approved to be viewed by the parties you can book a file inspection and make copies of the material to be filed as part of your evidence in your case.
2. Complete and lodge this form
To make an application for direction requiring another party to produce a document, thing or information complete and lodge the appropriate application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
You should complete section 6 under PART C of the application form.
There is no prescribed fee to make this application.
Form 40 - Application for miscellaneous matters
3. How to lodge your application
When filing the application, you are required to file the application and supporting material along with three copies in one of the following ways:
MINOR CIVIL DISPUTES
CHILD PROTECTION REVIEWS
ALL OTHER CIVIL CASES
4. 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
5. 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.