1. Before you apply
QCAT reviews local government agency decisions in relation to animal care and management. Reviewable local government agency decisions include:
- dog destruction orders
- regulated dangerous or menacing dog declarations
- decisions relating to seizure or forfeit of animals
(For full list of reviewable decisions please view the Animal Care and Protection Act 2001 and/or Animal Management (Cats and Dogs) Act 2008)
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.
For more information on the guided process related to animal management please see Practice Direction 8 of 2022 - Applications for review of decisions made about animals.
2. Internal review process
Local government agencies must internally review your decision. This means the government agency reviews their decision themselves through an internal review process.
Before applying to QCAT, you must follow your local government guidelines for internally reviewing the decision. You should consider the instructions set out in the original decision letter from the local government agency.
Please note that there are strict time limits to apply to internally review a decision. After your decision has been internally reviewed, you can then apply to QCAT if you are still unhappy with the internally reviewed decision.
3. Placing the decision on hold while your case is reviewed
If you 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.
If the decision is being internally reviewed, a stay application in animal review cases can be filed separately, without the need to file a review application with QCAT. QCAT has a specialised procedure for stay applications in animal cases as follows:
Regulated or dangerous dogs and animal welfare
If you wish to have your case placed on hold while an internal review is being conducted, you only need to file a stay application form with QCAT.
After the internal review is finalised, if you are still unhappy 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 found below.
If you are requesting QCAT to stay a decision during the internal review process, please be aware you are required to pay the appropriate fee.
If you decide to make this application, you must ensure a copy of this is provided to the other parties.
Decision to destroy a dog
If you wish to have your case placed on hold while an internal review is being conducted by the local government, you only need file a stay application form with QCAT.
After the internal review is finalised, if you are still unhappy with the internally reviewed decision you must file a review application. You are not required to apply for a further stay application. Dog destruction cases are automatically stayed by QCAT when you apply for the review.
QCAT will urgently notify the relevant local government agency of this when your review application is processed.
4. 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 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.
5. How to lodge your application
When filing an application in this jurisdiction, 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 serve on the other party. You can also keep a copy for your personal records.
6. Giving your application to the government agency
You are required to give a copy of your application and supporting material to the relevant local government agency 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 local government agency, 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 local government agency.
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.
7. What happens next?
Find out what happens after you apply.