qcat fair and just outcomes version 1.2 – april 2015 information in this presentation is general...
TRANSCRIPT
QCATFair and just outcomes
Version 1.2 – April 2015
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
• What is a tribunal? • How is a tribunal different
to a court?• What does QCAT do?• Our key jurisdictions• Examples of matters• Our service charter• A year in the life of QCAT
• QCAT and the Magistrates Court
• Types of proceedings• Representation• Who makes the decisions• After the decision
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
What is a tribunal?
A tribunal is an independent body, established by the government which has been given the power to make decisions about certain types of matters and disputes.
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
How is a tribunal different to a court?
• Courts are typically highly regulated by complex rules and processes
• People often have legal representation
• Litigation can result in hefty legal fees
• Tribunals are designed for a more informal approach to decision-making
• Tribunals encourage people to represent themselves
• Tribunals usually much cheaper than courts
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
What does QCAT do?
• Resolves disputes using alternative dispute resolution (ADR) techniques
• Makes decisions about a range of matters
• Reviews decisions made by a government or regulatory authority
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
Our key jurisdictions
• Human Rights
• Civil
• Administrative
• Disciplinary
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
Human Rights: I need to be a guardian for my elderly parent I’ve been discriminated against
Minor civil disputes: Someone owes me money
Other civil: My neighbour’s tree is tearing up my plumbing Administrative: I want a local council decision reviewed
Disciplinary: My professional body disciplined me and I disagree
Examples of matters
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
Our service charter
• You have a right to a fair and impartial hearing
• We will provide fair and equitable access to services
• We can provide information on our jurisdictions and our processes
• We cannot provide legal advice. We can refer you to legal and community groups for help
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
A year in the life of QCAT
• Approximately 30,000 new applications
• 99,000+ calls
• 17,900+ proceedings in SEQ
• 13,000+ searches of our records
• 10,000+ visits to our Brisbane counter
• 1.7 million+ pages viewed online
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
QCAT and the Magistrates Court
All courthouses outside of Brisbane CBD can:
• provide information/forms for all matters
• accept forms, supporting documents, fees
• conduct proceedings for minor civil disputes (MCDs).
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
Types of proceedings
• Alternative dispute resolution– Mediation– Compulsory conferences– Hybrid hearings
• Hearings
• Directions hearing
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
Representation
• General rule = parties represent themselves*
• Self-represented can still get independent legal advice
• If you want a lawyer to represent you, you must apply for permission (unlikely for minor civil disputes)
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
• President and Deputy President
• Members
• Magistrates (appointed as QCAT members to hear MCDs)
• Adjudicators (MCDs)
• JPs (trial of hearing some MCDs)
Who makes the decisions?
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
After the decision
• Right to appeal QCAT decisions
• Reasons provided on application for all final decisions (written or oral)
• Decisions can be enforced by a court
• Decisions published - http://www.sclqld.org.au/caselaw/QCAT
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.
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Visit www.qcat.qld.gov.au
Subscribe to QCAT Updatefor process and resources news
Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.