Decision made by a non-judicial member
A non-judicial member is:
- a senior member or ordinary member who is not a former judge
- an adjudicator.
You can appeal a non-judicial member’s decision to the QCAT Appeal Tribunal on a:
- question of law - a question which must be answered by applying relevant legal principles, by an interpretation of the law
- question or fact - a question which must be answered by reference to facts and evidence, and inferences arising from those facts
- mixed question of law and fact.
If you are applying on a question of law, you do not have to ask for permission to appeal the decision.
However, you must ask the QCAT Appeal Tribunal for permission to appeal if you are appealing:
- on a question of fact
- on a question of mixed law and fact
- a decision about a minor civil dispute
- a decision about whether to award costs or not, rather than the amount of costs awarded
- an interim, interlocutory decision, or any other decision that is not a final decision of the tribunal.
To request permission to appeal, complete and lodge Form 39 - Application for leave to appeal or appeal .
When the QCAT Appeal Tribunal hears an appeal, a new hearing takes place to consider the original information and evidence presented. New information and evidence may only be presented if you apply to the QCAT Appeal Tribunal and your request is approved.
Your appeal does not affect the operation of the original QCAT decision. However, in some cases QCAT or the Court of Appeal can make an order staying, or temporarily stopping, the decision from being carried out until the appeal is finalised.
In most cases an application to appeal against a QCAT decision to the QCAT Appeal Tribunal must be lodged within 28 days of you receiving the reasons for the decision being appealed against. Some Acts limit the appeals process altogether.
QCAT Appeal Tribunal decisions
If your appeal is based on a question of law, the QCAT Appeal Tribunal may:
- confirm or amend the decision
- set aside the decision and substitute its own decision
- set aside the decision and return the matter to the original QCAT jurisdiction, or the original body that made the decision, to reconsider it.
If your appeal is based on a question of fact or a question of mixed law and fact, the QCAT Appeal Tribunal may:
- confirm or amend the decision
- set aside the decision and substitute its own decision.
Appeals to the Court of Appeal
If your application for permission to appeal the QCAT decision through the QCAT Appeal Tribunal is refused, you have 28 days to appeal this rejection to the Court of Appeal.
The Court of Appeal will hear the appeal of the refusal if you are appealing on a question of law and you have applied and been granted permission for the Court of Appeal to hear it.
If you are dissatisfied with the QCAT Appeal Tribunal's decision, you have the right to appeal this decision to the Court of Appeal only on a question of law.
You have 28 days to appeal the decision to the Court of Appeal.
The Court of Appeal will review your application and decide whether to grant permission for your appeal to be heard.
A new hearing will take place which will consider the original information and evidence presented.
New information and evidence may only be presented if you make an application and the Court of Appeal approves your request.