1. Before you apply to QCAT
Before applying to QCAT, you should consider the instructions set out in the decision letter issued to you.
The thoroughbred, harness and greyhound industries are governed by the Queensland Racing Integrity Commission (QRIC). The primary aim of the QRIC is to oversee the welfare standards of racing animals and the integrity of racing industry participants in Queensland.
The rules and regulations relating to each code of racing (thoroughbred, harness, greyhound) can be found on the Racing Queensland website.
From 31 March 2023, the type of QRIC decisions which can be reviewed by QCAT will change. This is due to the commencement of the new Racing Appeals Panel (the Panel).
The Panel will replace QRIC’s internal review system for decisions made by Stewards regarding the Rules of Racing and means that external reviews for decisions of this nature will no longer proceed through QCAT. For more information about the Racing Appeals Panel please visit www.racingappealspanel.qld.gov.au.
QCAT can still review various QRIC decisions, in the regulation of racing personnel, so long as the decision is not a Stewards’ Rules of Racing decision, such as:
- refuse to grant or renew a licence
- take disciplinary action relating to a licence
- censure the holder of a licence
- take an exclusion action against a person
- impose a monetary penalty on a person
- impose any other non-monetary penalty on a person
(For full list of reviewable decisions please view the Racing Act 2002 and Racing Integrity Act 2016)
Before applying to QCAT for a review, you must follow QRIC guidelines for internally reviewing the decision. You should consider the instructions set out in the original decision letter issued to you by the QRIC. Please note there are strict time limits to apply to internally review a decision. After the internal review by QRIC, you can then apply to QCAT if you are still unhappy with the internally reviewed decision.
Before you apply to review a decision, you must ensure the relevant decision letter or information notice issued to you is included with your application forms. The letter sets out the decision made by the relevant authority and your review rights.
2. Placing the decision on hold while your case is being reviewed
If you believe that your application is urgent and wish to have the original decision of QRIC 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.
If the decision is being internally reviewed, a stay application in racing cases can be filed separately, without a review application being filed in QCAT. QCAT has a specialised procedure for stay applications in racing cases as follows:
Staying a decision during internal review by QRIC
If you wish to have your case placed on hold while an internal review is being conducted by QRIC, you only need to file a stay application form with QCAT. After the internal review is finalised, if you are still dissatisfied with the internally reviewed decision you must file a new stay application and review application on the fresh internally reviewed decision. The relevant stay application form is attached below.
If you are requesting QCAT to stay a decision during the internal review by QRIC, please be aware you are required to pay the appropriate fee for the stay request.
If you decide to make this application, you must ensure a copy of this is provided to the other parties. The application FORM 44 is contained below.
Staying a decision during the review by QCAT
If you wish to have a decision placed on hold while a review is being conducted by QCAT, you must file a new stay application and review application on the fresh internally reviewed decision.
There is no applicable fee to request to stay a decision during the review process with QCAT. A fee however will be required to make the review application itself as set out below. The application FORM 44 is contained below.
Staying a decision where all parties consent to the request
When a stay request is urgent, seeking the consent of all parties can assist QCAT in delivering a decision more efficiently as submissions from the parties may not be required. In some circumstances QRIC may consent to the stay of decision while QRIC internal review or QCAT review takes place.
If your case is urgent, you should speak with QRIC first to clarify if the commission consents to the orders you seek QCAT to make.
If QRIC does consent to your urgent stay request, your application to stay a decision should be accompanied by an application for decision order by consent signed and completed by all parties. The relevant form is attached below.
It is your responsibility as the applicant in the case to organise completion of these forms with QRIC to avoid delays when your case is urgent. The application for decision/order by consent is contained below.
3. Complete and lodge this form to review a decision
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. This form is NOT to be used for child protection matters.
Application for decision order by consent
The purpose of this form is to ask QCAT to make decisions/orders by consent.
4. 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. stamped 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.
5. Giving your application to the relevant authority
You are required to give a copy of your application and supporting material to the relevant authority named in the application within seven days of receiving 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.
6. What happens next?
Find out what happens after you apply.