Appeal a right to information or privacy complaint decision

QCAT is able to review a decision from the Weapons Licensing Unit of the Queensland Police Service.

1. Before you apply

Before you make an application to appeal a right to information decision under the Right to Information Act 2009 (Qld) (RTI Act) or privacy complaint decision under the Information Privacy Act 2009 (Qld) (IP Act) you need to know the following:

  • parties to an appeal will be the parties who were named in the original proceedings
  • you should name the entity that holds the information that is the subject of the appeal and/or the Information Commissioner in your appeal application
  • the appeal can only be related to a question of law as outlined above
  • the appeal must be filed with QCAT within 20 business days after the date of the decision unless QCAT orders otherwise; and
  • if appealing on a question of law, you do not require leave (permission) of the Appeal Tribunal to make the appeal

You also must ensure you attach copies of any relevant documentation when you submit your application including a copy of the decision and reasons for the decision issued by the Office of the Information Commissioner.

2. Complete and lodge this form

To appeal 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.

You must pay the appropriate fee(Credit card authorisation form for mail payments)

Form 39 - Application for leave to appeal or appeal

PDF File (301.9 KB)

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.

PDF File (657.8 KB)

3. How to lodge your application

When filing an appeal application, you are required to file the application and supporting material along with three copies in one of the following ways:
In person

Queensland Civil and Administrative Tribunal
Floor 11, 259 Queen Street
Brisbane Qld 4000

or at any local Magistrates Court 

Mail to

Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane Qld 4001

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.

4. Giving your application to the other parties

You are required to give a copy of your application and supporting material to the other parties named in the application within seven days of receiving the application or as otherwise directed by QCAT.

The following page provides further information on service requirements.

To prove you have given your application to the other parties, the applicant must complete the affidavit of service and provide a copy to QCAT. You do not need to provide a copy to the other party.

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.

PDF File (520.4 KB)

5. What happens next?

Find out what happens after you apply.