1. Before you apply to QCAT
QCAT reviews decisions made by the Chief Executive, Department of Justice and Attorney-General (Office of Fair Trading). Reviewable decisions may include:
Motor Dealers, Salespersons and Chattel Auctioneers
(For full list of reviewable decisions please view the Agents Financial Administration Act 2014, Motor Dealers and Chattel Auctioneers Act 2014, Property Occupations Act 2014, Debt Collectors (Field Agents and Collection Agents) Act 2014 and Queensland Civil and Administrative Tribunal Act 2009)
Before you apply to review a decision, you must ensure the relevant decision letter issued to you is included with your application forms. The letter sets out the decision made and your review rights.
2. 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. The relevant stay application form is attached below.
3. If you require an extension of time to review a decision
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, your application to review a decision has not been made within the required review period, you can ask QCAT for permission to extend the statutory time limit.
You may apply to extend the time in which to seek a review of a decision of the chief executive under the:
- Agents Financial Administration Act 2014, section 122
- Debt Collectors (Field Agents and Collection Agents) Act 2014, section 119
- Motor Dealers and Chattel Auctioneers Act 2014, section 198
- Property Occupations Act 2014, section 178
You should provide detailed information to help QCAT make a decision, including:
- whether this application is made within 42 days of receiving notice of the decision to be reviewed
- the reasons for not seeking the review within the time allowed
- the review application generally
- the justice of the case generally
Provide any supporting documentation or evidence with your application, including a copy of the Chief Executive’s decision. An application fee of $358 is payable for extending time for review decisions of the Chief Executive.
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 QCAT and the other parties.
4. Complete and lodge this form
To make an application for a review of a decision, 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.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
Form 23 - Application to review a decision
The purpose of this form is to ask QCAT to review the decision of the relevant government agency or entity.
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 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 three copies 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. stamp it with the official QCAT stamp). After this has been done, sealed copies of your application will then be sent back to you to give to the other party. You can also keep a copy for your personal records.
6. Giving your application to the relevant authority
You are required to give a copy of your application and supporting material to the other parties named in the application within seven days of receiving a sealed copy of the application or as otherwise directed by QCAT.
Visit this page for further information on service requirements.
To prove you have given your application to the other parties, the applicant must complete the affidavit of service for each party and provide a copy to QCAT. You do not need to provide a copy to the other party.
Form 9 - Affidavit of service
The purpose of this form is to prove your application has been served on all other parties. This form must be witnessed by a Justice of the Peace.
7. What happens next?
Find out what happens after you apply.