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QCAT Fair and just outcomes Version 1.3 – August 2016

QCAT Fair and just outcomes Version 1.3 – August 2016. QCAT and the Magistrates Court Types of proceedings Representation Who makes the decisions After the decision QCAT JP initiative. What is a tribunal? How is a tribunal different to a court? What does QCAT do ? Our key jurisdictions

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QCAT Fair and just outcomes Version 1.3 – August 2016

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  1. QCATFair and just outcomesVersion 1.3 – August 2016 Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  2. QCAT and the Magistrates Court • Types of proceedings • Representation • Who makes the decisions • After the decision • QCAT JP initiative 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 Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  3. 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.

  4. How is a tribunal different to a court? • Tribunals are designed for a more informal approach to decision-making • Tribunals encourage people to represent themselves • Tribunals usually much cheaper than courts • Courts are typically highly regulated by complex rules and processes • People often have legal representation • Litigation can result in hefty legal fees Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  5. 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.

  6. 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.

  7. Examples of matters 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 Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  8. 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.

  9. A year in the life of QCAT Approximately 30,000 new applications 110,000+ calls 17,000+ proceedings in SEQ 16,000+ searches of our records 11,000+ visits to our Brisbane counter 1.2 million+ unique visitors online Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  10. 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.

  11. 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.

  12. 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.

  13. Who makes the decisions? • President and Deputy President • Members • Magistrates (appointed as QCAT members to hear MCDs) • Adjudicators (MCDs) • JPs (hear some MCDs) Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  14. 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.

  15. QCAT JP initiative Implemented in June 2013 Brisbane, Ipswich, Maroochydore, Southport and Townsville A panel of two JPs hear some minor civil disputes Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  16. How has it worked? Recognises significant voluntary contribution of JPs in Queensland Reduced average time to hear all MCDs High clearance rates Comparable user satisfaction Six JPs have been further appointed Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  17. The life of QCAT JPs 83 appointed JPs Heard over 10,600 matters Low adjournments Low appeals Low complaints Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  18. The future of QCAT JPs • Continue in five locations through 2016-17 • To register interest, please email QCAT.JPTraining@Justice.qld.gov.au Information in this presentation is general information only. If you are unsure about your legal rights you should get legal advice.

  19. Visit www.qcat.qld.gov.auSubscribe 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.

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