Contempt generally relates to unacceptable behaviour towards the tribunal, witnesses or other parties during tribunal proceedings, non-compliance with QCAT decisions or offences under the QCAT Act.
Unacceptable behaviour broadly includes:
- insulting, obstructing or assaulting an official
- interrupting tribunal proceedings
- creating a disturbance in tribunal proceedings
- contravention of an undertaking to the tribunal.
It can also apply to offences under the QCAT Act for example contravening, without reasonable excuse, a non-monetary tribunal decision or a witness failing, without reasonable excuse to answer a question they are required to answer by the tribunal.
How are contempt proceedings commenced?
Contempt proceedings in QCAT may be commenced in the following ways:
- a person may apply to the tribunal to commence contempt proceedings
- the principal registrar may apply to the tribunal
- a judicial member of the tribunal may exercise the contempt jurisdiction on their own initiative.
Only a judicial member of the tribunal may hear and determine contempt proceedings.
- Queensland Civil and Administrative Tribunal Act 2009 (Chapter 5, Part 1)
- Queensland Civil and Administrative Tribunal Rules 2009 (Part 11)
- Uniform Civil Procedure Rules 1999(Chapter 20, Part 7)