1. Before you apply to QCAT for interim orders
When a discrimination complaint is referred to QCAT by the Queensland Human Rights Commission (Commission), if an interim order is not already in place at the time of referral, and a need for an urgent order to protect a complainant’s interests emerges prior to a final decision by QCAT, you can apply to QCAT for an interim order.
An interim order is an order made in a proceeding before the final decision is made. It may protect a party’s position while the proceeding is running, or provide for something to be done to make sure that any final decision of QCAT can be effective.
Before you apply you must ensure you follow the guidelines as set out below for making an interim application including providing reasons and supporting material as to why interim 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 when the discrimination complaint has been referred to QCAT and not when your complaint is with the Commission for conciliation. If your complaint is still before the Commission, please go back and select the previous application option.
2. Complete and lodge an injunction application
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 interim order 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 interim order application to the other parties
You are required to give a copy of your interim application to the relevant parties named in the application within seven days of receiving the application or as otherwise directed by QCAT.
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 interim 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.
The referral of your discrimination complaint will follow the process outlined above. You can learn more about the next steps in the process after you apply.