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.

Further information