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Who is a disqualified person?

Where a person is convicted of any of the below offences (subject to the qualifications listed) they are a disqualified person.

For a full list of disqualifying offences, please refer to the Disability Services Act 2006 and the Disability Services Regulation 2017.

Property Agents - reviewable decisions

QCAT is able to review certain decisions of the chief executive regarding licensing, registration, the operation of agent’s trust accounts and claims against the Claim Fund, including decisions:

• regarding the suitability of a person to hold a licence or registration certificate
• issuing or refusing to issue a licence or registration certificate
• issuing a licence or registration certificate on conditions
• renewing or refusing to renew a licence or registration certificate
• restoring or refusing to restore a licence or registration certificate
• appointing or refusing to appoint a substitute licensee
• amending conditions on a licence or registration certificate
• immediately suspending a licence or registration certificate
• cancelling a licence or registration certificate
• directing the operation of the licensee’s accounts
• not to deal with a claim against the Claim Fund
• allowing or rejecting a claim against the Claim Fund.

Motor Dealers, Salespersons and Chattel Auctioneers - reviewable decisions

QCAT is able to review certain decisions made by the chief executive regarding licensing, registration, the operation of agent’s trust accounts and claims against the Claim Fund including decisions:

• regarding the suitability of a person to hold a licence or registration certificate
• issuing or refusing to issue a licence or registration certificate
• issuing a licence or registration certificate on conditions
• renewing or refusing to renew a licence or registration certificate
• restoring or refusing to restore a licence or registration certificate
• appointing or refusing to appoint a substitute licensee
• amending conditions on a licence or registration certificate
• immediately suspending a licence or registration certificate
• cancelling a licence or registration certificate
• directing the operation of the licensee’s accounts
• not to deal with a claim against the Claim Fund
• allowing or rejecting a claim against the Claim Fund.

Debt Collectors - reviewable decisions

QCAT is able to review certain decisions made by the chief executive including decisions:

• regarding the suitability of a person to hold a licence or registration certificate
• issuing or refusing to issue a licence or registration certificate
• issuing a licence or registration certificate on conditions
• renewing or refusing to renew a licence or registration certificate
• restoring or refusing to restore a licence or registration certificate
• appointing or refusing to appoint a substitute licensee
• amending conditions on a licence or registration certificate
• immediately suspending a licence or registration certificate
• cancelling a licence or registration certificate
• refusing to grant an application for authority to open a trust account made by a collection agent
• directing the operation of the licensee’s or collection agent’s accounts
• not to deal with a claim against the Claim Fund
• allowing or rejecting a claim against the Claim Fund.

Aggrieved Person

An aggrieved person under s289 of the BCCM Act is:

• an applicant; or
• a respondent to the application;
• the body corporate for the community titles scheme; or
• a person who, on an invitation under section 243 or 271(1)(c), made a submission about the application; or
• an affected person for an application mentioned in section 243A; or
• a person not otherwise mentioned in this subparagraph against whom the order is made

Health Practitioners

Health practitioners include Aboriginal and Torres Strait Islander health practitioners, chinese medicine practitioners, chinese herbal medicine practitioners, acupuncturists, chiropractors, dentists, dental therapists, dental hygienists, dental prosthetists, medical practitioners, medical radiation practitioners, midwives, nurses, registered nurses, enrolled nurses, occupational therapists, optometrists, osteopaths, paramedics, pharmacists, physiotherapists, podiatrists and psychologists.

Board decisions relating to registration or supervisory matters

QCAT can review board decisions relating to:

• a decision by a National Board to refuse to register the person
• a decision by a National Board to refuse to endorse the person’s registration
• a decision by a National Board to refuse to renew the person’s registration
• a decision by a National Board to refuse to renew the endorsement of the person’s registration
• a decision by a National Board to impose or change a condition on a person’s registration or the endorsement of the person’s registration, other than
  • a condition relating to the person’s qualification for general registration in the health profession; and
  • a condition imposed by section 112(3)(a)
• a decision by a National Board to refuse to change or remove a condition imposed on the person’s registration or the endorsement of the person’s registration
• a decision by a National Board to refuse to change or revoke an undertaking given by the person to the Board
• a decision by a National Board to suspend the person’s registration
• a decision by a panel to impose a condition on the person’s registration
• a decision by a health panel to suspend the person’s registration
• a decision by a health panel not to revoke a suspension
• a decision by a performance and professional standards panel to reprimand the person.

Panel decisions

QCAT can review panel decisions including those:

• a decision by a panel to impose a condition on the person’s registration
• a decision by a health panel to suspend the person’s registration
• a decision by a health panel not to revoke a suspension
• a decision by a performance and professional standards panel to reprimand the person

Ombudsman decisions relating to disciplinary proceedings

QCAT can review Ombudsman decisions including:

• to take immediate registration action in relation to a registered health practitioner; or
• to issue an interim prohibition order to a health practitioner; or
• (not to vary an immediate registration action in relation to a registered health practitioner; or
• not to vary an interim prohibition order issued to a health practitioner; or
• to issue a prohibition order to a health practitioner; or
• to vary a prohibition order issued to a health practitioner on the health ombudsman’s own initiative; or
• to vary a prohibition order issued to a health practitioner in a way different to the way requested in an application by the practitioner; or
• not to vary a prohibition order issued to a health practitioner in response to an application by the practitioner; and
• to hear a matter concerning a registered health practitioner referred to QCAT by the director of proceedings on the health ombudsman’s behalf under section 103; and
• to hear an application under section 110 to change or remove a condition imposed by QCAT on a registered health practitioner’s registration

Legal practice committee disciplinary decisions

Legal Practice Committee disciplinary decisions that:

• a legal practitioner has engaged in unsatisfactory professional conduct, and
• a law practice employee has engaged in misconduct in relation to the relevant practice.

Queensland law society decisions

Queensland Law Society decisions including:

• disqualifying a legal practitioner as an external examiner
• refusing an application for approval as a lay associate
• registering a legal practitioner as a foreign solicitor
• deregistering a foreign solicitor
• regarding the time period following cancelled registration in which a legal practitioner cannot reapply for registration
• regarding compensation claims from the fidelity guarantee fund.

Regulatory authority decisions

Regulatory authority decision including decision related to:

• practising certificates
• interstate legal practitioners
• requiring a person to have a health assessment
• time periods for cancelled registration.

Practicing with a conviction

If a legal practitioner has been convicted of an offence and the practitioner’s practising certificate or local registration (if they are a foreign solicitor) has been amended, suspended or cancelled the practitioner can apply to QCAT to request that their practising certificate not be changed:

• until the end of the time to appeal against the conviction, or
• if an appeal is made against the conviction until the appeal is finally decided, lapses or otherwise ends. *s.62 LPA

Work related discrimination complaints

A work-related matter includes complaints that allege discrimination, sexual harassment, or other contraventions of the Anti-Discrimination Act 1991 that happened at work.

This includes:

• discrimination at work
• discrimination when applying for work
• victimisation by an employer
• requesting and encouraging discrimination at work
• requesting unnecessary information at work or when applying for work
• sexual harassment at work
• vilification that occurred at work or when applying for work.

Non-work related discrimination complaints

A non-work related matter includes complaints that allege discrimination, sexual harassment, or other contraventions of the Anti-Discrimination Act 1991 that happened in all other areas other than work-related matters as defined under the Act.

Work related exemptions

A work-related matter includes exemptions under the Anti-Discrimination Act 1991 that happened at work as defined under the Act.

Non-work related exemptions

A non-work related matter includes exemptions under the Anti-Discrimination Act 1991 that happened in all other areas other than work-related matters as defined under the Act.

What is a warrant of possession?

A warrant of possession is a court order to have control of a property as directed by QCAT.

What is a tenancy termination?

A residential tenancy termination is a court order ending (terminating) a residential tenancy agreement.

Documents

Documents’ can include paper or other material with writing, electronic records or images.

What is a question of law?

A question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. They are questions about what the correct legal test is; it also relates to a failure to give reasons or a failure to provide procedural fairness or natural justice.

What is a rural land?

Rural land is land that has been zoned as rural land under the Land Valuation Act 2010.

Under s143(5) and s151 of the QCAT Act, relevant day, for an application or appeal, means:

• (a)  if a person makes an application under part 7, division 5, 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision—the day that application is finally dealt with under that division; or
• (b)  if written reasons have not been given for the decision being appealed against and reasons have not been requested under section 122 or are not required to be given—the day the person received notice of the decision; or
• (c)  the day the person is given written reasons for the decision being appealed against.