About the review
On 23 May 2025, the Queensland Government asked the Honourable David Thomas to review the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act), which must be reviewed every 5 years.
Mr Thomas has been a judge of both the Federal Court and Queensland Supreme Court, and the President of the Queensland Civil and Administrative Tribunal (QCAT) and the Commonwealth Administrative Appeals Tribunal (now the Administrative Review Tribunal).
A project team in the Department of Justice is supporting Mr Thomas conduct the Review.
The terms of reference from the Attorney-General are available for download. The final report is due to be delivered to the Attorney-General by 30 April 2026 and will be tabled in Parliament.
What the Review is about
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 specific issues suggested by the Minister or the QCAT President. For example, this could include checking if any part of an enabling Act impacts how effectively the tribunal operates.
The Review will take a genuine look at QCAT to identify ways to alleviate the significant pressures QCAT is currently facing, including an examination of any systemic operational or legislative issues impacting on the ability for QCAT to perform its statutory functions, in an accessible, economical and timely manner.
The terms of reference specifically require the review to investigate the following matters:
- whether the current legislation creates hurdles to procedural efficiency within the tribunal;
- QCAT senior leadership structure, with comparison to tribunals in other States and the Commonwealth (including whether the President and Deputy President should be appointed to the Supreme and District Courts, and including Heads of Division);
- the role and functions of the QCAT President and Deputy President;
- the current appeal structure for QCAT decisions;
- the operation of various professional disciplinary lists (including Legal and Health practitioners) and whether QCAT remains the most appropriate forum for these jurisdictions;
- whether legal representation should be ‘as of right’ for certain, or all, types of tribunal matters, and the impacts of any change on both the ability for QCAT to meet its objectives and the funding arrangements for legal service providers;
- 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 which have significant impact on its operations and the appropriateness of QCAT as forum for those matters, including, for example, QCAT’s role in relation to certain public housing disputes;
- the role of Justices of the Peace at QCAT and ways their involvement in matters and processes can alleviate pressures at the tribunal;
- ways in which QCAT can be improved to support the small business community;
- the capacity of QCAT to hear matters, with reference to the available tribunal members and physical meeting or hearing room space; and
- the extent to which previous statutory review recommendations still apply and may assist in addressing issues.
Recognising the existing bodies of work which are occurring across Queensland Government that intersect with the powers and functions of QCAT, the review is to have regard, as appropriate, to intersecting reforms or initiatives that are currently underway in undertaking the review.
The review will also include consideration and advice regarding the scale of reform required to implement the recommendations, including, where appropriate and possible, identifying the implications for other forums if transfer of jurisdiction is proposed, the key cost drivers, and any potential savings and efficiencies.