1. Before you apply
QCAT reviews decisions from the Department of Agriculture and Fisheries (DAF) in the use, conservation and enhancement of the community’s fisheries resources and fish habitats. Reviewable decisions may include:
- suspension or cancellation of authority
- refusal to issue or renew authority
- exemptions, approvals, seizures and enforcement
(For full list of reviewable decisions please view the Fisheries Act 1994)
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. Internal review process
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 government agency guidelines for internally reviewing the decision. You should consider the instructions set out in the original decision letter from the 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. 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.
If you apply to QCAT to stay a decision during DAF’s internal review, you must pay the appropriate fee.
If you apply to QCAT to stay a decision after DAF’s internal review process you are not required to pay a fee.
You must ensure you clearly set out why a stay order should be granted with supporting evidence. The relevant stay application form is found below.
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 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 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. This form is NOT to be used for child protection matters.
5. 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 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.
6. Giving your application to the government agency
You are required to give a copy of your application and supporting material to the relevant government agency named in the application within seven days of receiving the application or as QCAT otherwise directs.
Visit this page for further information on service requirements.
To prove you have given your application to the 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 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.