The Queensland Civil and Administrative Tribunal (QCAT) has provided the following update on procedures:
QCAT has commenced a staged resumption of in-person hearings at 259 Queen Street, Brisbane. Guardianship matters will be the first to allow in-person hearings under the new arrangements, with all other matters, such as administrative reviews and minor civil disputes (excluding those heard by magistrates around Queensland) to follow on 14 September 2020.
All directions hearings, compulsory conferences and mediations will continue by phone until further notice.
Everyone who attends hearings at QCAT will be required to provide their details for potential contact tracing and sign a COVID-19 declaration.
People attending the QCAT premises must comply with social distancing rules and leave as soon as their hearing is over.
People should notattend QCAT if they are unwell or:
- you have been diagnosed with COVID-19
- you have been required to submit to a COVID-19 test
- you have been in close contact with another person who already has COVID‑19
- you are suffering from any of the symptoms of COVID-19
- you have returned from overseas, or Queensland Government declared hotspots, within the last 14 days
Anyone who would prefer to attend their hearing by phone or video link may seek to do so:
- in Guardianship matters, by nominating phone or video attendance as their preference, and
- in all other matters by making an application for leave to appear remotely.
The filing of documents can be done by post or in person, with some instances allowed by email where provided for under Practice Direction No.1 of 2016.
More information about the above changes and the relevant practice directions can be found below.
QCAT Practice Direction No.3 of 2020 has been amended to only apply to those urgent MCD matters in which notices of hearing by remote conferencing were issued before 1 September 2020. All urgent MCD matters listed for hearing moving forward (excluding those heard by a magistrate) will return to be listed for hearing in person, where possible.
QCAT Practice Direction No.6 of 2020 – MCDT matters under the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 has been amended to remove the requirement that all MCD Tenancy applications in relation to the Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 must be heard remotely.
These applications will return to be listed for hearing in person where possible (excluding those heard by a magistrate).
The conventional filing of documents is also required – by post or in person.
QCAT Practice Direction No.7 of 2020 – non-urgent MCD matters has been amended to only apply to those non-urgent MCD matters in which notices of hearing by remote conferencing were issued before 1 September 2020.
All non-urgent MCD matters listed for hearing moving forward (excluding those heard by a magistrate) will return to be listed for hearing in person, where possible.
There will also no longer be the requirement for the registry to send out the hearing advice to the parties.
The conventional filing of documents is also required – by post or in person.
QCAT Practice Direction No.8 of 2020 has been amended to remove the requirement for hearings to be conducted by remote conferencing. This means that all matters listed for hearing moving forward will return to in person unless otherwise directed.
All directions hearings, compulsory conferences and mediations will continue by phone until further notice.
The conventional filing of documents is also required – by post or in person, or in some instances by email where provided for under Practice Direction No.1 of 2016.
QCAT Practice Direction No.9 of 2020 revokes Practice Direction No.2 of 2020 (Guardianship). This means that guardianship hearings will return to being listed in person, with the ability for parties to elect to attend the hearing by telephone (as provided for under Practice Direction No.4 of 2010).
The full practice directions can be found at qcat.qld.gov.au/resources/practice-directions#2020.
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