1. Before you apply to QCAT
When you make a discrimination complaint to the Queensland Human Rights Commission (Commission), at any time before a non-work related complaint is referred to QCAT, QCAT can make temporary orders prohibiting a person from doing an act that might prejudice:
- the investigation or conciliation of the complaint; or
- an order that QCAT might make after a hearing
Before you apply you must ensure you complete the interim order application form as attached below including reasons and supporting material as to why orders should be made by QCAT. QCAT will determine your application urgently once it is received.
Please note that you can only make this application during the Commission conciliation process and not when your complaint has been referred to QCAT. If your complaint has been referred to QCAT, you can instead apply for an injunction. Please go back and select the next application option.
2. Complete and lodge this form
To make an application, complete and lodge the application form below. Carefully read the form instructions, answer each question and tick an appropriate box when prompted.
There is no prescribed fee to make this application.
Form 41 - Application for interim order
The purpose of this form is to an make an application for interim order.
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:
| 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.
4. Giving your application to the other parties
You are required to give a copy of your application and supporting material to the relevant parties named in the application within seven days of receiving the application or as otherwise directed by QCAT.
A copy of the application and all supporting documentation must also be provided to the Anti-Discrimination Commissioner if you are the complainant. A copy of the application and all supporting documentation must be provided to the complainant if the Anti-Discrimination Commissioner applies.
The following page provides further information on service requirements.
To prove you have given your application to the relevant parties, the applicant must complete the affidavit of service and provide a copy to QCAT. You do not need to provide a copy to each 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.
5. What happens next?
After you have submitted your request for orders, QCAT may urgently seek the views of the other parties.
QCAT will then consider the application and organise a hearing to determine the application or decide whether to grant your request based on the written material only.
Once a decision has been made by QCAT, the registry will email or post you a copy of the decision with the outcome.
You can learn more about the QCAT process generally here after you apply.