1. Before you apply
Suspensions or exclusions from school
If your child is to be excluded from a state school you will be notified and given an opportunity to discuss or appeal the decision. You should speak with the principal or Education Queensland or get legal advice.
If your child goes to a private school, the school sets its own rules. You should contact the school principal or the organisation that controls the school (the school's governing body, e.g. Catholic Education).
Visiting children on school grounds
There are rules about when you can visit children on school grounds. In most schools the principal has control of the school grounds and may exclude people (including parents) from school grounds if necessary.
A school may prohibit a person for 60 days from entering a school if they are:
- posing a risk to other people or property of the school
- causing fear in others
- disrupting the good order and management of the school
The school may apply to QCAT for an order prohibiting a person from entering the school for longer than 60 days up to a year.
QCAT reviews decisions from the Department of Education (DOE) about schools and institutions and prohibiting or excluding persons from entry. Reviewable decisions may include:
- prohibiting a person from entering a state school’s premises
- exclusion of a student
- removing a nominated person
- accreditation of syllabus or guideline, eligibility to take external examinations and core skills test, levels of achievement in examinations, grading tests, completion of contributing studies, determining qualification equivalency and recognising non-Queensland studies
(For full list of reviewable decisions please view the Education (General Provisions) Act 2006 and the Education (Queensland Curriculum and Assessment Authority) Act 2014)
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 issued to you by your government agency.
Please note there are strict time limits to apply to internally review a decision. Please view further information on DOE processes. After your decision has been internally reviewed, you can then apply to QCAT if you are still unhappy with the 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.
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 internal review, you must pay the appropriate fee.
If you apply to QCAT to stay a decision after the 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.
Form 19 - Application for prohibition on entering premises of instructional institutions - Education (General Provisions) Act 2006
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 QCAT has sealed it (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 otherwise directed by QCAT.
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.