Actions in Respect of Queensland Civil and Administrative Tribunal (QCAT)

Nature of action	Time Limit Period	Legislation	Provision
Application to QCAT for review of a reviewable decision.	28 days.	Ss 17, 33 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	A reviewable decision is a decision made or taken to have been made by another entity under an enabling Act which confers on QCAT jurisdiction to review that decision. The application must be made by filing it in the registry within 28 days after: a. the day the applicant is notified of the decision; or b. if the applicant has applied to the decision maker for a written statement of reasons under s 158 – the earlier of the following days: (i) the day the written statement is given to the applicant; (ii) the day by which the written statement is required to be given to the applicant under that section; or c. if the applicant has applied to QCAT for an order under s 159: (i) if QCAT makes the order – the earlier of the following days: A. the day the written statement of reasons the subject of the order is given to the applicant; B. the day by which the written statement of reasons the subject of the order is required to be given to the applicant under the order; or (ii) if QCAT does not make the order – the day the applicant is notified of QCAT’s decision not to make an order.
Referring a matter to QCAT pursuant to an enabling Act.	Within the time period provided for under the enabling Act.	s 34 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	If an enabling Act provides for the referral of a matter to QCAT, the referral must be made – a. within the period provided for under the enabling Act; and b. in a way complying with the QCAT rules.
Action to enforce a final decision of QCAT.	12 years.	s 130 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 10(4) Limitation of Actions Act 1974 (Qld)	The Limitation of Actions Act 1974, section 10(4) applies in relation to a final decision of QCAT in a proceeding as if the decision were a judgment becoming enforceable when the decision takes effect under the QCAT Act. An action shall not be brought upon a judgment after the expiration of 12 years from the date on which the judgment becomes enforceable.
Application to QCAT for renewal of a final decision.	28 days.	s 133 Queensland Civil and Administrative Tribunal Act 2009 (Qld) r 89 Queensland Civil and Administrative Tribunal Rules 2009 (Qld)	A party to the proceeding may apply to QCAT for a renewal of the final decision if- a. it is not possible for QCAT’s final decision in a proceeding to be complied with; or b. there are problems with interpreting, implementing or enforcing QCAT’s final decision in a proceeding. The application must be made within 28 days after: a. if the party making the application has requested written reasons for the decision under s 122 – the day the party is given the written reasons; or b. otherwise – the day the party is given notice of the decision.
Application to QCAT to correct a decision.	28 days.	s 135 Queensland Civil and Administrative Tribunal Act 2009 (Qld) r 90 Queensland Civil and Administrative Tribunal Rules 2009 (Qld)	QCAT may correct a decision made by it in a proceeding if the decision contains- a. a clerical mistake; or b. an error arising from an accidental slip or omission; or c. a material miscalculation of figures or a material mistake in the description of a matter, person or thing mentioned in the decision; or d. a defect of form. The application must be made within 28 days after: a. if the party making the application has requested written reasons for the decision under s 122 – the day the party is given the written reasons; or b. otherwise – the day the party is given notice of the decision.
Application to reopen a proceeding (other than an appeal under part 8, div 1) that has been heard and decided by QCAT.	28 days.	s 138 Queensland Civil and Administrative Tribunal Act 2009 (Qld) r 92 Queensland Civil and Administrative Tribunal Rules 2009 (Qld)	A party to a proceeding may apply to QCAT for the proceeding to be reopened if the party considers a reopening ground exists for the party. A reopening ground, for a party to a proceeding, means- a. the party did not appear at the hearing of the proceeding and had a reasonable excuse for not attending the hearing; or b. the party would suffer a substantial injustice if the proceeding was not reopened because significant new evidence has arisen and that evidence was not reasonably available when the proceeding was first heard and decided. An application must be made within 28 days after: a. if the party making the application has requested written reasons for the decision under s 122 – the day the party is given the written reasons; or b. otherwise – the day the party is given notice of the decision.
Application to the QCAT appeal tribunal for leave to appeal against a decision of QCAT or a decision of another entity under an enabling Act.	28 days.	s 143 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	An application for the appeal tribunal’s leave to appeal must be filed in the registry within 28 days after: a. if a person makes an application under part 7, division 5, 6, or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision – the day that application is finally dealt with under that division; or b. if written reasons have not been given for the decision being appealed against and reasons have not been requested under s 122 or are not required to be given – the day the person received notice of the decision; or c. the day the person is given written reasons for the decision being appealed against.
Appeal to the QCAT appeal tribunal against a decision of QCAT or a decision of another entity under an enabling Act.	21 or 28 days.	s 143 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	An appeal must be filed in the registry within- a. if the appeal tribunal’s leave is required for the appeal – 21 days after the leave is given; or b. otherwise – 28 days after: i. if a person makes an application under part 7, division 5, 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision – the day that application is finally dealt with under that division; or: ii. if written reasons have not been given for the decision being appealed against and reasons have not been requested under s122 or are not required to be given—the day the person received notice of the decision; or iii. the day the person is given written reasons for the decision being appealed against.
Application for the Court of Appeal’s leave to appeal to the court against a decision of QCAT.	28 days unless the Court of Appeal orders otherwise.	s 151 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	Unless the Court of Appeal orders otherwise, within 28 days after: a. if a person makes an application under part 7, division 5, 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision – the day that application is finally dealt with under that division; or b. if written reasons have not been given for the decision being appealed against and reasons have not been requested under s122 or are not required to be given – the day the person received notice of the decision; or c. the day the person is given written reasons for the decision being appealed against.
Application to the Court of Appeal against a decision of QCAT.	28 days unless the Court of Appeal orders otherwise.	s 151 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	Unless the Court of Appeal orders otherwise, within 28 days after: a. if a person makes an application under part 7, division 5, 6 or 7 about the decision being appealed against within 28 days after the person is given written reasons for the decision – the day that application is finally dealt with under that division; or b. if written reasons have not been given for the decision being appealed against and reasons have not been requested under s122 or are not required to be given – the day the person received notice of the decision; or c. the day the person is given written reasons for the decision being appealed against.
Relief from procedural requirements.	QCAT may extend or shorten time limits or waive compliance with other procedural requirements.	s 61 Queensland Civil and Administrative Tribunal Act 2009 (Qld)	QCAT may, by order – a. extend a time limit fixed for the start of a proceeding by the QCAT Act or an enabling Act; or b. extend or shorten a time limit fixed by the QCAT Act, an enabling Act or the QCAT rules; or c. waive compliance with another procedural requirement. QCAT may act on its own initiative or on the application of a party or potential party to a proceeding.