1. Before you apply to QCAT
Before you make an application to appeal a decision of the Racing Appeals Panel you need to know the following:
- the appeal can only be made on a question of law as outlined above
- appeals to QCAT’s Appeal Tribunal can only be made where the penalty imposed is 3 months or more and will be limited to the severity of the penalty;
- the appeal must be filed with QCAT within 28 days after the date of the Racing Appeal Panel's decision unless QCAT orders otherwise; and
- if appealing on a question of law, you do not require leave (permission) of the Appeal Tribunal to make the appeal.
You also must ensure you attach copies of the relevant decision you are appealing when you submit your application including a copy of the reasons for the decision if provided to you at the time of the decision.
2. If your appeal application is urgent?
Applying for leave to appeal or appeal a decision does not stop the operation of the original decision.
If you believe that your application is urgent and wish to have the original decision placed on hold you can apply to the QCAT Appeal Tribunal to ‘stay’ the decision. A stay order postpones the original decision until after the appeal decision has been made.
You may apply to QCAT for a stay of the Panel’s decision in certain circumstances.
Applications to QCAT to stay the Panel’s decision about a penalty cannot be made if the panel decision includes that disqualification action was taken due to:
- a serious risk involving the welfare or health of an animal
- the safety of any person; or
- the integrity of the Queensland racing industry
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. Complete and lodge the below forms
To appeal 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.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
Form 39 - Application for leave to appeal or appeal
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.
4. How to lodge your application
When filing an appeal 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.
5. Giving your application to the relevant authority
You are required to give a copy of your application and supporting material to QRIC 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.