1. Before you apply to QCAT
QCAT reviews decisions made by the Department of Children, Youth Justice and Multicultural Affairs.
Before you apply to review a decision, you must ensure the relevant decision letter issued to you by the Department is included with your application forms. The letter sets out the decision made and your review rights.
Before you apply, you must also ensure you understand the review process by reading the above information about how QCAT considers review applications and what you may be required to complete so QCAT can review the decision.
2. Internal review process
If you decide not to make an application to review a decision, the Department can internally review your decision. This means the Department reviews their decision themselves through an internal review process.
As outlined in the decision letter issued to you, this can occur in a number of ways:
- you can contact the author of your decision letter to discuss any worries you may have. If necessary, the Department can organise a meeting with the relevant staff to talk with you about the decision
- you can request a review of the decision through the Department’s complaint system, which can be requested by contacting Child Safety complaints on 1800 080 464 or by going to www.cyjma.qld.gov.au/contact-us/complaints
3. If your application is urgent
If you believe that your application is urgent and wish to have the original decision placed on hold you can apply to QCAT to ‘stay’ the decision. A stay order postpones the original decision until after the review decision has been made.
Depending on the type of reviewable decision, you must be prepared that QCAT may not grant a stay in the case.
You must ensure you clearly set out why a stay order should be granted with supporting evidence.
You can request a stay of a decision made by the Department by filing a Form 44 - Application to stay a decision.
4. Complete and lodge this form
To make an application to a review a decision of the Department, complete and lodge the appropriate application form from the list below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted. When you apply you must ensure the relevant reviewable decision letter issued to you is included with your application forms or the review may be delayed until the letter is provided.
There is no fee to apply to review a decision of the Department.
Form 17 - Application to review a decision - child protection and adoption matters
The purpose of this form is to request a review of a decision in a childrens matter related to child protection.
Form 42 - Application to extend or shorten a time limit or for waiver of compliance with procedural requirement
The purpose of this form is to ask QCAT for permission to make your application outside the 28 day or other statutory review timeframe.
Form 40 - Application for miscellaneous matters
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.
5. How to lodge your application
When filing an application to review a decision, you are required to file the application and supporting material along with one copy in one of the following ways:
| enquiries@qcat.qld.gov.au | |
| In person | Queensland Civil and Administrative Tribunal or at any local Magistrates Court |
| Mail to | Queensland Civil and Administrative Tribunal |
Your application is not filed until it is sealed by QCAT (i.e. stamped with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you. You can keep a copy for your personal records.
6. Giving your application to the other parties
In child protection cases, you are not required to serve your application on the Department. QCAT will provide a copy of your application and any attachments to the Department after it has been processed.
QCAT will also notify any other parties affected by the decision, giving them the opportunity to elect to be included in the review process if they wish to.
7. What happens next?
Find out what happens after you apply.