1. Before you appeal to the QCAT Appeal Tribunal
Before you apply to appeal a QCAT decision you need to do the following:
- make sure you understand why QCAT made the decision. The QCAT decision-maker may give you reasons when they make the decision. If they do not, you may request reasons. If approved, QCAT will provide you with the reasons for the decision in written or CD format
- understand the costs involved in appealing a decision as noted above
- understand that you may not be given permission to appeal
- understand that if you are given permission to appeal, your appeal may not be successful
- correctly name the other parties to the original decision and avoid naming QCAT or a QCAT decision-maker as the respondent in an appeal
- provide details and a copy of the decision you are appealing
- if you are making your appeal application outside the time limit, request an extension of time using the below form (be aware your extension application may be refused)
- when requested, note in the relevant section of the appeal application if leave (permission) to appeal is required
- if your appeal relates to a decision made about an adult with impaired decision-making capacity, understand that you now need to give any documents provided to QCAT to the other parties to the appeal
2. If your appeal application is urgent
Applying for leave to appeal or appealing against a QCAT decision does not stop the operation of the original decision.
If you believe that your application is urgent and wish to have the original decision placed on hold you can apply to the QCAT Appeal Tribunal to ‘stay’ the decision. A stay order postpones the original decision until after the appeal decision has been made.
Depending on the type of decision, you must be prepared that the QCAT Appeal Tribunal may not grant a stay in the matter and only does so in certain circumstances.
You must ensure you clearly set out why a stay order should be granted with supporting evidence. The relevant stay application form is attached below.
3. Complete and lodge this form
To make an application for leave to appeal or appeal, 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 decision you seek to appeal is included with your application forms or the appeal may be delayed until the original decision is provided.
You must pay the appropriate fee at the time of lodgement – (Credit card authorisation form for mail payments)
You may make an application for a fee waiver if you are eligible.
Form 39 - Application for leave to appeal or appeal
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.
4. How to lodge your appeal application
When filing an application for leave to appeal or appeal, you are required to file the application and supporting material along with three copies in one of the following ways:
Queensland Civil and Administrative Tribunal
or at any local Magistrates Court
Queensland Civil and Administrative Tribunal
Your appeal 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.
5. Giving your application to the other parties in the appeal
You are required to give a copy of your appeal application and supporting material to the relevant parties named in the appeal application within seven days of receiving the appeal application or as otherwise directed by QCAT.
Visit this page for further information on service requirements.
To prove you have given your appeal application to the parties, the applicant must complete the affidavit of service for each party and provide a copy to the QCAT Appeals Tribunal. You do not need to provide a copy to the other parties.
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.
6. What happens next?
Find out what happens after you apply.