Why does QCAT publish reasons for decisions?
QCAT publishes written reasons for decisions online via the Supreme Court Library Queensland.
The publication of reasons:
- provides a way for the community to understand tribunal decisions;
- promotes the quality and consistency of tribunal decisions;
- enhances the openness and accountability of public administration; and
- is in the interests of open justice.
When does QCAT publish reasons?
Generally, when written reasons for a decision are available, the tribunal will publish the reasons in full. Reasons are generally not published online until they have been provided to the parties involved.
If information in the reasons is subject to a non-publication order or publication is prevented by a legislative requirement (eg, the identity of adults in guardianship matters), reasons are published in a de-identified manner or in a way that protects the relevant information.
Why are some reasons not published online?
In many matters, oral reasons are given at the conclusion of the hearing when the decision is delivered (especially for minor civil disputes). As there are no written reasons in these instances, reasons for these matters are generally not published online.
Only reasons for decisions are published online. Decisions themselves (ie, orders made by the tribunal) are not published.
Where are the reasons published?
QCAT publishes reasons online via the Supreme Court Library Queensland.
Orders made under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 are published in the tree order register. Any available reasons associated with these orders will be published via the Supreme Court Library Queensland.
Some reasons for decisions made by former tribunals (prior to December 2009, when QCAT was formed) are also available via the Supreme Court Library Queensland.