1. Before you file the agreement with QCAT
Under the IP Act, if a complainant and respondent to a privacy complaint make a certified agreement, you can file a copy of the agreement with QCAT. QCAT may then issue the agreement in the form of QCAT orders. The orders made by QCAT may be enforced as an order of QCAT under the QCAT Act.
Before you apply, ensure you follow the guidelines for making an application to file the agreement. In your application, please ensure you include a copy of the privacy complaint settlement agreement made between the parties at the OIC.
2. Complete and lodge an application
There is currently no form to make an application to file a privacy complaint agreement.
In line with Rule 10 of the Queensland Civil and Administrative Tribunal Rules 2009 if you want to make an application you should write to QCAT, ensuring you include:
- your name and contact details
- the name and contact details of any other party or legal or other relevant representative
- the type of application you are making and the reasons for it
- relevant legislative references including the provision of the Act or enabling Act under which your application or referral is being made
- the decision you are seeking from QCAT
You must then sign the letter when making the application.
You must pay the appropriate fee – (Credit card authorisation form for mail payments)
3. How to lodge your application
When filing your application 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.
4. Giving your application to the other parties
You are required to give a copy of your application and supporting material to the relevant 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 relevant parties, the applicant must complete the affidavit of service and provide a copy to QCAT. You do not need to provide a copy to each 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.
5. What happens next?
Find out what happens after you apply.