Property agents, motor dealers chattel auctioneers and debt collectors

The OFT has a Claim Fund that may be accessed if a consumer suffered financial loss due certain types of actions (or failures to act), by:

• a real estate agent
• a resident letting agent
• a motor dealer
• an auctioneer
• a chattel auctioneer
• a debt collector or process server
• an employee of any of the above

The loss might have been caused by:

• their actions; or
• actions they should have done but didn’t

If you would like to make a claim against the Claim Fund you should contact the OFT who will investigate your case. Only the OFT deals with financial claims against the Claim Fund in the first instance and not QCAT.

You can make a claim against the Claim Fund if you have suffered a financial loss because of the actions of a property agent, motor dealer, chattel auctioneer, their salespersons or a debt collector.

A claim against the Claim Fund in relation to a property agent may also relate to certain types of false or misleading conduct classed as marketeering.

QCAT only considers Claim Fund cases relating to:

• requests to extend time limits to make a claim
• review of decisions made by the OFT; and
• complex Claim Fund claims referred to QCAT by the OFT

Detailed information about making a claim, the Claim Fund process and other important information can be found on the OFT website here.

You can ask QCAT to review certain decisions made by the OFT in relation to the Claim Fund.

Before making an application to QCAT, you should view the decision letter issued to you by the OFT decision-maker to confirm your right of review at QCAT.

Information about the QCAT review process is also set out below in the review process section. To apply to review a decision, please select 'Request a review of an OFT decision' at the bottom of the page.

If the claim is more complex, The Chief Executive, Department of Justice and Attorney-General, Office of Fair Trading can refer the claim to QCAT to make a decision on the claim.

If the OFT has referred the claim to QCAT, a copy of the referral will be sent to each party to the dispute by QCAT.

After a referral is made by OFT, QCAT may:

• issue directions to the parties. Directions are instructions to the parties involved on how the case will proceed. The directions will include time for filing of evidence, other material and joining of further parties if required
• list the case for a directions hearing or further dispute resolution proceeding to assist the parties to reach agreement if required
• ask the parties to gather and file their evidence to support their side of the argument
• list the case for a hearing, after the parties have filed their evidence
• after the hearing, QCAT will then make a final decision based on the law and the evidence provided by the parties.

Whether you are the complainant or respondent in the claim referral, once the claim is referred you do not need to do anything further until QCAT issues directions setting out how the case will proceed.

You can also learn more about the QCAT process and information about what happens next in the claim referral process here.

You must lodge a claim against the Claim Fund within the earlier of the following:

• 1 year of becoming aware of your loss; or
• 3 years after the event

If you have not lodged your claim within this timeframe, you can apply to QCAT to extend the time in which to make a claim against the Claim Fund under s122 of the Agents Financial Administration Act 2014 (Qld).

The process to apply to QCAT for permission to extend the time limit to make a claim against the OFT Claim Fund is set out below. Please select 'Request an extension of time to make claim against Claim Fund' at the bottom of the page.

Generally, you may apply to QCAT to conduct a review of your matter where you have been issued with a reviewable decision by the OFT.

Before making an application to QCAT, you should view the decision letter issued to you by the OFT decision-maker to confirm your right of review at QCAT.

QCAT reviews various decision made by the OFT. This means that QCAT takes a fresh look at the relevant evidence and arrives at its own decision. QCAT must make the legally correct decision based on the merits of the case and how the legislation applies in the person’s circumstances. QCAT cannot work outside of the relevant legislation and can only make a decision that the original decision maker could have made.

QCAT has the power to:

• send the case back to the original decision-maker for them to reconsider it
• affirm a decision made by the original decision maker
• vary a decision made by the original decision maker; or
• set aside a decision made by the original decision maker and substitute a new decision

After the review, QCAT can also make recommendations to the relevant decision maker about their policies, practices, and procedures to improve future decisions.

When a review case is brought to QCAT, the original decision maker must use their best endeavours to help QCAT in the review. This includes:

• providing QCAT with a written statement of reasons for the original decision
• providing any document or thing in the decision makers possession or control which may be relevant; and
• providing additional statements of further particulars as required by QCAT

At any stage of the proceeding, should the OFT not provide relevant material, or if you consider there is further evidence for QCAT to consider, QCAT can ask the OFT for this material after your application is filed.

You can check the decision letter of the original authority to find out if there is a time limit and what the limit is.

Generally, you need to apply to QCAT for a review of a decision within 28 days from when you are notified of the reviewable decision. However, if you have asked the decision-maker in writing for the reasons for the decision, you must apply to QCAT within 28 days of receiving the reasons, or within 28 days of the date the decision-maker was required to provide you with the reasons, whichever is earlier.

If the relevant authority offers an internal review before coming to QCAT, the time limit will commence when you are provided with the internally reviewed decision. Check the decision letter that is issued to you by your authority for further details.

It is important that you apply to QCAT for a review of a decision within the review time limit.

If however, due to circumstances outside your control  or other reasons, your application to review a decision has not been made within the required review period of 28 days (or other review period), in some cases you can ask QCAT for permission to extend the statutory time limit.

QCAT can only grant an extension of time if it is satisfied there is a reasonable excuse for delay. QCAT will consider your application, but it is not obliged to grant the extension

If you are seeking to review a decision about a claim against the Claim Fund, QCAT can only extend the time if you apply within 42 days after you are given notice of the decision, and QCAT considers it is appropriate to extend the time.

When you apply to QCAT for the review, you must also complete an application to extend the statutory time limit. You must also give a copy of the application to extend the review time limit along with the review application, to the other parties.

Please select the case type below 'Request a review of an OFT decision' at the bottom of the page. Under this application process you can view a copy of the relevant extension request application form.

You have not come to the correct place if you want to make a complaint about a property agent, motor dealer, chattel auctioneer, their salespersons or a debt collector.

If a member of the public is dissatisfied with the work, service or advice they receive, they should contact the OFT in the first instance to make a complaint here. The OFT may then investigate your complaint.

If the complaint is of a serious nature or the professional individual is not abiding by the relevant authority’s decision, after an investigation is conducted a referral can be made by the OFT to QCAT to conduct further disciplinary proceedings.

When a disciplinary matter is referred to QCAT, the QCAT decision-maker can make disciplinary decisions in your profession as follows:

After a referral is made to QCAT by the OFT, QCAT may:

• issue directions to the parties. Directions are instructions to the parties involved on how the matter will proceed. The directions will include time for filing of evidence, other material, and other preliminary matters if required
• list the matter for a directions hearing or further dispute resolution proceeding to assist the parties to clarify the issues in dispute.
• ask the parties to gather and file their evidence to support their side of the argument. This may include filing of statements of agreed facts, submissions and other material
• list the matter for a hearing, after the parties have filed their evidence. Disciplinary matters are heard and determined at a final hearing by a QCAT decision-maker. Panel members may be appointed to assist the decision-maker. You will be notified if you are required to attend the hearing in person or if a decision will be made on the written material only
• after the hearing, QCAT will then make a final decision based on the law and the evidence provided by the parties.

You may have just received notification of a disciplinary referral where you are named as the respondent.

You should ensure you understand the QCAT disciplinary process and how the matter will be progressed to a final hearing as outlined above.

Generally, if you are named as the respondent in the disciplinary referral you do not need to do anything until QCAT issues directions setting out how the matter will proceed.

To learn more about what happens next in the process click here.