This regulation may be cited as the Queensland Civil and Administrative Tribunal Regulation 2019.
This regulation commences on 1 September 2019.
The dictionary in schedule 3 defines particular terms used in this regulation.
3ARounding of amounts expressed as numbers of fee units
(1)This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—(a)if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or(b)if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or(c)if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or(d)if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.s 3A ins 2022 SL No. 79 s 135
(1)For section 228(2) of the Act, the oath is as follows—‘I, [name] swear I will discharge the functions of the office of [title of office] of the Queensland Civil and Administrative Tribunal to the best of my knowledge and ability and that I will treat everyone fairly and without bias according to law.
So help me God.’.
(2)For section 228(2) of the Act, the affirmation is as follows—‘I, [name] do solemnly, sincerely and truly affirm and declare I will discharge the functions of the office of [title of office] of the Queensland Civil and Administrative Tribunal to the best of my knowledge and ability and that I will treat everyone fairly and without bias according to law.’.
An applicant for a counter-application must pay the fee, if any, prescribed under division 2 for the counter-application.s 5 amd 2022 SL No. 173 s 4
(1)A party to a proceeding may, on payment of the fee stated in schedule 1, obtain a copy of—(a)a part of the register relating to the proceeding; or(b)a part of a record kept for the proceeding, filed in the registry.(2)If a party obtains a copy of a document or other thing under the Queensland Civil and Administrative Tribunal Rules 2009, rule 80(3), the party must pay the fee stated in schedule 1 for the copy.(3)However, a party to a proceeding started under an enabling Act or a provision of an enabling Act mentioned in schedule 2, part 1 may obtain the copy under subsection (1) or (2) without charge.(4)Despite subsection (3), the fee is payable if the adult who is the subject of the proceeding is dead and the proceeding is started under—(a)the Disability Services Act 2006, section 178(9); or(b)the Guardianship and Administration Act 2000; or(c)the Powers of Attorney Act 1998.s 6 amd 2022 SL No. 155 s 3
7Fee for application or counter-application for minor civil dispute
(1)This section prescribes, for section 38(1) of the Act and section 5, the fee for the tribunal to deal with an application or counter-application for a minor civil dispute.(2)The fee is—(a)if no amount is claimed—105 fee units; or(b)if the amount claimed is not more than $1,000—85 fee units; or(c)if the amount claimed is more than $1,000 but not more than $10,000—145 fee units; or(d)if the amount claimed is more than $10,000—358 fee units.(3)However, no fee is payable under subsection (2) by a State-related person.s 7 amd 2020 SL No. 143 s 93; 2021 SL No. 84 s 92; 2022 SL No. 79 s 136; 2022 SL No. 173 s 5
8Fee for application, referral or counter-application for another matter
(1)This section prescribes, for section 38(1) of the Act and section 5, the fee for the tribunal to deal with an application, referral or counter-application for a matter other than a minor civil dispute.(2)The fee is—(a)if the proceeding for the matter is started under an enabling Act or a provision of an enabling Act stated in schedule 2—nil; or(b)if the application, referral or counter-application is made by a State-related person—nil; or(c)otherwise—358 fee units.(3)However—(a)the fee for an application made under the Prostitution Act 1999, section 64A or 64B is 2,843 fee units; and(b)the fee for an application made under the Fair Trading Act 1989, section 50A or the Motor Dealers and Chattel Auctioneers Act 2014, schedule 1, section 14, or a counter-application made in response to an application under either of those sections, is as follows—(i)if the amount claimed is not more than $500 or if no amount is claimed—27.90 fee units;(ii)if the amount claimed is more than $500 but not more than $1,000—71.65 fee units;(iii)if the amount claimed is more than $1,000 but not more than $10,000—127.50 fee units;(iv)if the amount claimed is more than $10,000—358 fee units.s 8 amd 2019 SL No. 165 s 11; 2020 SL No. 143 s 94; 2021 SL No. 84 s 93; 2022 SL No. 79 s 137
9Fee for application to reopen proceeding—Act, s 138
(1)This section prescribes, for section 138(2)(c) of the Act, the fee payable by a party to a proceeding for an application to reopen the proceeding.(2)The fee is the amount the party would be required to pay under section 7 or 8 to make the application or referral that started the proceeding.(3)However, if the fee that would be payable by the party under section 8 is nil because the proceeding was started under an enabling Act or a provision of an enabling Act stated in schedule 2, part 2, the fee is 358 fee units.s 9 amd 2020 SL No. 143 s 95; 2021 SL No. 84 s 94; 2022 SL No. 79 s 138
10Fee for appeal or application for leave to appeal—Act, s 143
(1)This section prescribes, for section 143(2)(c) of the Act, the fee for an application under section 143(1)(a) of the Act or an appeal under section 143(1)(b) of the Act.(2)The fee for the application or appeal is the prescribed amount.(3)If a person pays the fee for an application under section 143(1)(a) of the Act and leave is given, no further fee is payable for the appeal for which leave is given.(4)A person may apply, in the approved form, to the principal registrar to pay a reduced fee for a fee payable under subsection (2).(5)If the principal registrar is satisfied that payment of the fee under subsection (2) would cause, or would be likely to cause, the applicant for a reduced fee financial hardship, the reduced fee is 100 fee units.(6)In this section—prescribed amount, for an application or appeal, means—(a)for a decision of the tribunal on an application made under the Prostitution Act 1999, section 64A or 64B—2,843 fee units; or(b)for a decision of the tribunal on an application made under the Fair Trading Act 1989, section 50A or the Motor Dealers and Chattel Auctioneers Act 2014, schedule 1, section 14—(i)if the amount claimed is not more than $10,000 or no amount is claimed—358 fee units; or(ii)otherwise—716.10 fee units; or(c)for a decision of the tribunal on an application or referral made under an enabling Act or a provision of an enabling Act not mentioned in paragraph (a) or (b)—716.10 fee units; or(d)for a decision of the tribunal in a proceeding for a minor civil dispute—(i)if the amount claimed is not more than $10,000 or no amount is claimed—358 fee units; or(ii)otherwise—716.10 fee units; or(e)for a decision of the tribunal other than a decision mentioned in paragraph (a), (b), (c) or (d)—716.10 fee units; or(f)for a decision of another entity under an enabling Act—358 fee units.s 10 amd 2019 SL No. 165 s 12; 2020 SL No. 143 s 96; 2021 SL No. 84 s 95; 2022 SL No. 79 s 139
Other fees payable under the Act are stated in schedule 1.
(1)A person may apply, in the approved form, to the principal registrar for a fee payable under the Act to be waived.(2)However, a person can not make an application under this section in relation to a proceeding to which the Vexatious Proceedings Act 2005, section 10(2) applies.(3)The principal registrar may waive the payment of a fee if the principal registrar is satisfied payment of the fee would cause, or would be likely to cause, the person financial hardship.(4)This section does not apply to a fee payable under section 10.
(1)This section applies if—(a)the principal registrar waives payment of a fee under section 12(3); and(b)a person has paid the fee.(2)The principal registrar must refund the fee to the person.
This part does not apply to reviews of reviewable decisions under the following Acts—(a)the Adoption Act 2009;(b)the Child Protection Act 1999;(c)the Working with Children (Risk Management and Screening) Act 2000.Section 97(4) of the Act provides that if no fees and allowances are prescribed under a regulation in relation to a proceeding, a person required to attend or produce a document or thing to the tribunal is entitled to be paid the fees and allowances decided by the tribunal.
15Non-professional witness attendance allowance—Act, s 97
(1)For section 97(4) of the Act, the allowance payable to a non-professional witness who is given a notice under section 97(1)(a) of the Act is the following amount for each day or part of a day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing—(a)if the witness is under 16 years—$47.35;(b)if the witness is 16 years or older—$94.60.(2)For section 97(6) of the Act, the allowance must be paid to the witness within a reasonable time after the witness attends the hearing as required by the notice mentioned in subsection (1).(3)In this section—non-professional witness means a witness who attends a hearing to give evidence of a non-professional nature.s 15 amd 2020 SL No. 143 s 97; 2021 SL No. 84 s 96; 2022 SL No. 79 s 140; 2023 SL No. 60 s 10
16Professional witness or expert witness attendance allowance—Act, s 97
(1)For section 97(4) of the Act, the allowance payable to a professional witness or expert witness who is given a notice under section 97(1)(a) of the Act is $293.10 for each day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing.(2)However, if the witness is necessarily absent as mentioned in subsection (1) for 7 hours or less on a day, the amount of the allowance payable for that day is as follows—(a)for an absence of 3 hours or less—$110.50;(b)for an absence of more than 3 hours but not more than 4 hours—$153.20;(c)for an absence of more than 4 hours but not more than 5 hours—$186.50;(d)for an absence of more than 5 hours but not more than 6 hours—$219.90;(e)for an absence of more than 6 hours but not more than 7 hours—$266.70.(3)Also, if the witness is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital and is necessarily absent from the hospital at which the witness is employed, an additional amount of $97.30 is payable to the witness for each day or part of a day of necessary absence.(4)For section 97(6) of the Act, the allowance must be paid to the witness within a reasonable time after the witness attends the hearing as required by the notice mentioned in subsection (1).(5)Travelling time is to be taken into account for deciding the amount of the allowance under this section.(6)In this section—expert witness means a witness who attends a hearing to give evidence of an expert nature.professional witness means a witness who attends a hearing to give evidence of a professional nature.s 16 amd 2020 SL No. 143 s 98; 2021 SL No. 84 s 97; 2022 SL No. 79 s 141; 2023 SL No. 60 s 11
If an amount payable under section 16 is for a supply on which GST is payable, the amount payable under the section is to be increased to take account of the GST.
(1)For section 97(4) of the Act, a person who is given a notice under section 97(1) of the Act is entitled to be paid an allowance in an amount sufficient to meet the reasonable expenses of complying with the notice (conduct money).(2)If the reasonable expenses involve travel or accommodation expenses, those components of the expenses are to be calculated as stated in section 19 or 20.(3)For section 97(6) of the Act, the conduct money must be paid to the person—(a)at the time the person is given the notice under section 97(1) of the Act; or(b)within a reasonable time before the person is required to comply with the notice.(4)Payment of conduct money is in addition to payment of any other amount to which the person is entitled under section 15 or 16.
(1)For section 18(2), the amount of the travel expenses payable to a person who is given a notice under section 97(1) of the Act is—(a)the amount payable for fares on public transport for return travel between the person’s place of employment, practice or residence (whichever is the furthest from the relevant place) and the relevant place; or(b)if there is no public transport available—the amount calculated at the rate per kilometre payable under the Public Sector Act 2022 to a public service employee required to use the employee’s private motor vehicle for official purposes, taken to the nearest 5 cents.(2)If it is reasonable for the person to travel to and from the relevant place by air, the amount of the travel expenses to be paid is the amount payable for economy class air travel by the person to and from the relevant place.(3)For calculating travel expenses, in deciding whether public transport is available, regard is to be had to whether a public transport system operates by which a person could conveniently—(a)travel to the relevant place in reasonable time before the person is required to attend a hearing or produce a document or other thing; and(b)return to the person’s place of employment, practice or residence (whichever is the furthest from the relevant place) after the person has attended the hearing or produced the document or other thing.(4)In this section—public transport means any form of passenger transport that is available for use by the public on payment of a fare.relevant place means the place at which the person is required to attend a hearing or produce a stated document or other thing by the notice given under section 97(1) of the Act.s 19 amd 2023 SL No. 60 s 17 sch 1
For section 18(2), the amount of the accommodation expenses payable to a person who is given a notice under section 97(1) of the Act is the amount calculated at the rate payable under the Public Sector Act 2022 to a public service officer for accommodation expenses for official purposes.s 20 amd 2023 SL No. 60 s 17 sch 1
21Prescribed location for tribunal constituted by QCAT justices of the peace—Act, s 206E
For section 206E(1)(b) of the Act, the following locations are prescribed—(a)Brisbane;(b)Ipswich;(c)Maroochydore;(d)Southport;(e)Townsville.
22Daily sitting fee payable to QCAT justices of the peace—Act, s 206R
For section 206R(2) of the Act, the daily sitting fee is $109.70.s 22 amd 2020 SL No. 143 s 99; 2021 SL No. 84 s 98; 2022 SL No. 79 s 142; 2023 SL No. 60 s 12
The Queensland Civil and Administrative Tribunal Regulation 2009, SL No. 160 is repealed.
sections 6 and 11
Fee units | ||
Inspection of register or record for a proceeding | ||
1 | Fee for inspecting the register (Act, s 229(4)(a)) or the record for a proceeding (Act, s 230(3)(a))— | |
(a) for inspection by a party to a proceeding of the part of the register relating to the proceeding, or of the record kept for the proceeding | nil | |
(b) for inspection by another person— | ||
(i) for each hour or part of an hour | 18.85 | |
(ii) maximum fee for a day | 74.20 | |
(iii) additional fee if the register or record, or part of the register or record, must be retrieved from off-site storage— | ||
• for 1 box | 40.35 | |
• for 2 boxes | 44.95 | |
• for 3 or more boxes | 50.10 | |
Copying of register or record for a proceeding | ||
2 | Fee for a copy of a part of the register (s 6(1)(a) or Act, s 229(4)(b)), a part of a record for a proceeding (s 6(1)(b) or Act, s 230(3)(b)) or a document or other thing (s 6(2))— | |
(a) for a black and white copy (in electronic or printed form), other than of a plan or drawing, for each page— | ||
(i) for less than 20 pages | 2.15 | |
(ii) for 20 to 50 pages | 1.85 | |
(iii) for more than 50 pages | 1.30 | |
(b) for a colour copy (in printed form), other than of a plan or drawing, for each page— | ||
(i) for an A4 page | 6.55 | |
(ii) for an A3 page | 6.95 | |
(c) for a black and white copy (in electronic or printed form) of a plan or drawing, for each page— | ||
(i) for an A3 page | 5.55 | |
(ii) for an A2 page | 7.10 | |
(iii) for an A1 page | 9.10 | |
Other | ||
3 | Fee for an application for an order requiring a person who is not a party to a proceeding to produce a document or thing to the tribunal or a party to a proceeding (Act, s 63(5)) | 40.00 |
4 | Fee for an application for a notice requiring a person to attend at a stated hearing of a proceeding to give evidence or produce a stated document or other thing to the tribunal (Act, s 97(2)) | 40.00 |
5 | Fee for an officer of the tribunal to accompany a record or document at a place out of a registry of the tribunal, for each day or part of a day the officer is necessarily absent from the registry | 208.20 |
plus the reasonable cost, decided by the chief executive, of the travelling and other expenses reasonably incurred by the officer |
sch 1 sub 2020 SL No. 143 s 100; 2021 SL No. 84 s 99; 2022 SL No. 79 s 143
Schedule 2 Enabling Acts and provisions for sections 6, 8 and 9
sections 6, 8 and 9
Part 1 Acts and provisions for sections 6(3) and 8(2)(a)
Working with Children (Risk Management and Screening) Act 2000
Part 2 Acts and provisions for sections 8(2)(a) and 9(3)
sch 2 amd 2022 SL No. 155 s 5
counter-application see the Queensland Civil and Administrative Tribunal Rules 2009, rule 48(1).
prescribed entity means any of the following entities—
(a)the Board of Architects of Queensland under the Architects Act 2002;
(b)the Board of Professional Engineers of Queensland under the Professional Engineers Act 2002;
(c)the Crime and Corruption Commission;
(d)the Health Ombudsman under the Health Ombudsman Act 2013;
(e)the Legal Services Commissioner under the Legal Profession Act 2007;
(f)a National Health Practitioner Board under the Health Practitioner Regulation National Law (Queensland);
(g)the Professional Capacity and Teacher Conduct Committee under the Education (Queensland College of Teachers) Act 2005;
(h)the Queensland Building and Construction Commission under the Queensland Building and Construction Commission Act 1991;
(i)the Queensland College of Teachers under the Education (Queensland College of Teachers) Act 2005;
(j)the Surveyors Board of Queensland under the Surveyors Act 2003;
(k)the Valuers Registration Board of Queensland under the Valuers Registration Act 1992;
(l)the Veterinary Surgeons Board of Queensland under the Veterinary Surgeons Act 1936.
State-related person means—
(a)the Sovereign; or
(b)the State or a person acting for the State; or
(c)an entity whose expenditure is payable, in whole or in part, out of the consolidated fund or a person acting for the entity; or
(d)a prescribed entity or a person acting for the entity.