Queensland Civil and Administrative Tribunal Act 2009 review
The Queensland Civil and Administrative Tribunal (QCAT) is an independent tribunal established under the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act). The QCAT Act is required to be reviewed every 5 years. The first review was finalised in 2018 and the second review is overdue.
The Crisafulli Government is bringing a fresh approach to the overdue review of the QCAT Act to ensure that QCAT continues to meet the needs of Queenslanders.
An efficient and accessible justice system is a priority of the Queensland Government, and QCAT holds an important place in the justice system by providing mediation, dispute resolution, decision-making and review services for Queenslanders, businesses and government.
Since the first review, QCAT has grown significantly. The number of proceedings, the complexity of cases and conferring jurisdictions, continue to grow. It now has over 180 Acts that confer wide-ranging jurisdiction—including guardianship and administration, discrimination, professional disciplinary matters, retail shop leasing disputes and residential tenancy disputes and other minor civil disputes.
The Honourable David Graham Thomas has been appointed to conduct the review. Mr Thomas has been a QCAT President, a President of the Commonwealth Administrative Appeals Tribunal (now the Administrative Review Tribunal), and a judge of both the Queensland Supreme Court and the Federal Court.
Terms of reference
Section 240 of the QCAT Act sets out the objectives of the review are to:
- decide whether the objectives of the QCAT Act remain valid
- decide whether the QCAT Act is meeting its objectives
- decide whether the provisions of the QCAT Act are appropriate for meeting its objectives
- investigate any specific issue recommended by the Minister or the QCAT President including, for example, whether any provision of an enabling Act affects the effective operation of the tribunal.
The review will take a genuine look at the operational issues experienced by the tribunal and how these pressures could be alleviated in an economical and timely manner.
The terms of reference specifically call out operational issues for investigation, including:
- whether the current legislation creates hurdles to procedural efficiency within the tribunal
- the QCAT senior leadership structure and role and functions of the QCAT President and Deputy President
- the current minor civil dispute jurisdiction and whether the jurisdiction could be expanded, minimised, or transferred to a different forum
- other jurisdictions conferred on QCAT through enabling Acts
- ways in which QCAT can be improved to support the small business community.
The review is due to be completed by 30 April 2026.
Have your say
Mr Thomas will be conducting consultation with the legal community, and QCAT customers including business.
Contact
Please email the QCAT Act Review Team on QCATActReview@justice.qld.gov.au if you would like to find out more about this review.