1. Before you apply
QCAT is able to review decisions from the Department of Children, Youth Justice and Multicultural Affairs (CYJMA) about your application to adopt a child. Reviewable decisions may include:
- not entering a person’s name on an expression of interest register
- removing a person’s name from an adoption list, expression of interest register or suitable adoptive parents register on the basis of eligibility or non-compliance with a regulation
- an unfavourable assessment of a person whose name is in an adoption list or expression of interest register
- an unfavourable assessment based on criminal history alone
(For full list of reviewable decisions please view the Adoption 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. 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 17 - Application to review a decision - child protection and adoption matters
The purpose of this form is to request a review of a decision in a childrens matter related to child protection.
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.
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 one copy 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 |
5. Giving your application to the government agency
In adoption cases, you are not required to give your application to the CYJMA. QCAT will provide a copy of your application and any attachments to CYJMA after it has been processed.
6. What happens next?
Find out what happens after you apply.