This Act creates and runs the Appeal Costs Fund and an Appeal Costs Board to pay certain legal costs arising after trials and on appeal. Courts may issue "indemnity certificates" that allow specified parties (for example appellants, convicted persons, respondents and infant plaintiffs) to recover additional or ‘thrown away’ costs from the fund, subject to board certification and statutory limits. The fund is departmental money; the Minister appoints the board, and the Act sets eligibility rules, time limits and exclusions (for example the Crown and certain Legal Aid payments).
The Appeal Costs Fund Act 1973 continues and governs a statutory fund, the Appeal Costs Fund, from which specified legal costs arising from particular appellate and related court events may be paid. The Act (a) maintains the fund as a part of departmental accounts and links its receipts to the department’s vote under the Financial Accountability Act 2009 (s5(2)-(4)); (b) creates and governs an administrative body, the Appeal Costs Board, to authorise payments from the fund and to perform associated functions (Pt 2, ss6-9, s14); (c) sets the procedural requirement that no payment is to be made from the fund except on a certificate of the board (s14(1)-(2)); and (d) establishes specific entitlements to payment from the fund in named circumstances, for example abortive proceedings and new trials (s22), costs associated with points of law referred to the Court of Appeal (s22A), new trials ordered on specified grounds (s23), refusal to sanction a compromise on behalf of an infant plaintiff (s24), and costs relating to guideline proceedings and related appeals (ss20A-20E).
Mechanically, the Act requires: (1) a threshold confirmation that payment is authorised by the Act and that claim provisions have been complied with before the board may issue its certificate (s14); (2) most claims to be submitted to the board within one year of the indemnity certificate being granted or entitlement arising, subject to the board’s discretion to accept late applications for reasonable reasons (s14A); (3) costs recoverable under the Act are limited in definition to those incurred in the appeal context and expressly exclude costs in a court of first instance unless the Act otherwise provides (s4); and (4) payments can be made to a person or, if the board thinks fit, to the person’s solicitor, with discharge of fund liability on such payment (s25). The Act also provides that the board may pay witnesses’ expenses and allow an applicant amounts for the costs of making application to the board, including incorporating such amounts in the certificate (s6(8); s5(6)).
Current sections
Direct links to the current provisions in Appeal Costs Fund Act 1973.
53
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Appeal Costs Fund Act 1973 .
sec.2
Commencement of Act
sec.2 Commencement of Act
This Act shall commence on a date appointed by proclamation.
sec.3
Section sec.3
s 3 om 17 December 1991 RA s 36
sec.4
Interpretation
sec.4 Interpretation
In this Act—
appeal includes an order to review, a case stated for the opinion or determination of a superior court on a question of law, a question of law reserved in the form of a special case for the opinion of a superior court, a motion for a new trial and any other proceeding in the nature of an appeal.
appellant includes the next friend of an infant or person under disability or the guardian ad litem of any person.
approved form means a form approved under section 25A .
s 4 def approved form ins 2010 No. 42 s 8
assessed , in relation to costs, includes taxed.
s 4 def assessed ins 2002 No. 34 s 74 sch 6
board means the Appeal Costs Board constituted under this Act.
costs , in relation to an appeal, include the costs of an application for an indemnity certificate in respect of an appeal but do not include costs incurred in a court of first instance except where otherwise expressly provided.
court includes any board, other body or person from whose decision there is an appeal to a superior court on a question of law or which may state a case for the opinion or determination of a superior court on a question of law or reserve any question of law in the form of a special case for the opinion of a superior court.
fund means the Appeal Costs Fund established under this Act.
guideline proceeding see the Penalties and Sentences Act 1992 , section 15AA .
s 4 def guideline proceeding ins 2011 No. 7 s 13
indemnity certificate means an indemnity certificate granted under this Act.
proper officer , used in relation to a court, means—
in the case of the Supreme Court or the District Court—the registrar;
in the case of a Magistrates Court—the clerk of the court.
s 4 def proper officer amd 1999 No. 19 s 3 sch
respondent includes the next friend of an infant or person under disability or the guardian ad litem of any person.
sequence of appeals means a sequence of appeals in which each appeal that follows next after another appeal in the sequence is an appeal against the decision in that other appeal.
s 4 amd 1990 No. 80 s 3 sch 6 ; 1991 No. 97 s 3 sch 1 ; 2002 No. 34 s 74 sch 6
(a) in the case of the Supreme Court or the District Court—the registrar;
(b) in the case of a Magistrates Court—the clerk of the court.
pt.2
Appeal Costs Fund and board
Appeal Costs Fund and board
sec.5
Appeal Costs Fund
sec.5 Appeal Costs Fund
The Appeal Costs Fund is continued in existence.
Accounts for the fund must be kept as part of the departmental accounts of the department.
Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.
The amounts received for the fund are amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act.
The amounts referred to in subsection (6) and sections 6 (6) and (8) , 9 , 20C , 20E , 22 , 23 and 24 , the costs of the staff employed under section 9 and the administration of this Act shall be paid out of the fund.
In addition to any amount expressed by this Act to be payable out of the fund in any case, the board may allow such amount as it thinks fit to a party to any proceedings for the party’s costs of making application to the board under this Act and where the board allows those costs it shall include the amount thereof in any certificate referred to in section 14 .
In this section—
departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .
departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .
other amounts , of a department, means amounts received by the department other than amounts received for the fund.
s 5 amd 1999 No. 29 s 50 sch; 2002 No. 34 s 74 sch 6 ; 2003 No. 77 s 24 ; 2009 No. 9 s 136 sch 1 ; 2011 No. 7 s 14 ; 2013 No. 35 s 16 ; 2017 No. 17 s 12 ; 2023 No. 23 s 12 ; 2023 No. 23 s 23
(sec.5-ssec.1) The Appeal Costs Fund is continued in existence.
(sec.5-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.
(sec.5-ssec.3) Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.
(sec.5-ssec.4) The amounts received for the fund are amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act.
(sec.5-ssec.5) The amounts referred to in subsection (6) and sections 6 (6) and (8) , 9 , 20C , 20E , 22 , 23 and 24 , the costs of the staff employed under section 9 and the administration of this Act shall be paid out of the fund.
(sec.5-ssec.6) In addition to any amount expressed by this Act to be payable out of the fund in any case, the board may allow such amount as it thinks fit to a party to any proceedings for the party’s costs of making application to the board under this Act and where the board allows those costs it shall include the amount thereof in any certificate referred to in section 14 .
(sec.5-ssec.7) In this section— departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts , of a department, means amounts received by the department other than amounts received for the fund.
sec.6
Appeal Costs Board
sec.6 Appeal Costs Board
For the purposes of this Act there shall be constituted a board to be called the Appeal Costs Board .
The board shall consist of 3 members who shall be appointed by the Minister, namely—
a chairperson; and
a member representative of and nominated in writing by the Bar Association of Queensland; and
a member representative of and nominated in writing by the Queensland Law Society Incorporated.
If either body entitled under subsection (2) to nominate a person to be a member of the board fails within 28 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination appoint a person who is in the opinion of the Minister a suitable person, as a member of the board to represent the interests of the body concerned, and the person so appointed shall be deemed to be duly appointed for all purposes.
The Minister may at any time remove a member of the board from office and appoint another member in the member’s stead.
Members of the board shall hold office for such term not exceeding 3 years as the Minister determines and are eligible for reappointment.
A member of the board is to be paid the fees and allowances prescribed under a regulation.
For the purposes of an inquiry under this Act, the board shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950 and the chairperson or member presiding at any such inquiry shall have the powers and authorities, protection and jurisdiction of a chairperson of a Commission under that Act save such as are reserved to a chairperson who is a judge of the Supreme Court, and the provisions of that Act shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the board in any such inquiry.
The expenses of a witness before the board or a person required to produce documents to the board shall be paid out of the fund.
s 6 amd 1996 No. 37 s 147 sch 2 ; 2002 No. 34 s 74 sch 6 ; 2003 No. 77 s 25 ; 2013 No. 35 s 17
(sec.6-ssec.1) For the purposes of this Act there shall be constituted a board to be called the Appeal Costs Board .
(sec.6-ssec.2) The board shall consist of 3 members who shall be appointed by the Minister, namely— a chairperson; and a member representative of and nominated in writing by the Bar Association of Queensland; and a member representative of and nominated in writing by the Queensland Law Society Incorporated.
(sec.6-ssec.3) If either body entitled under subsection (2) to nominate a person to be a member of the board fails within 28 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination appoint a person who is in the opinion of the Minister a suitable person, as a member of the board to represent the interests of the body concerned, and the person so appointed shall be deemed to be duly appointed for all purposes.
(sec.6-ssec.4) The Minister may at any time remove a member of the board from office and appoint another member in the member’s stead.
(sec.6-ssec.5) Members of the board shall hold office for such term not exceeding 3 years as the Minister determines and are eligible for reappointment.
(sec.6-ssec.6) A member of the board is to be paid the fees and allowances prescribed under a regulation.
(sec.6-ssec.7) For the purposes of an inquiry under this Act, the board shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950 and the chairperson or member presiding at any such inquiry shall have the powers and authorities, protection and jurisdiction of a chairperson of a Commission under that Act save such as are reserved to a chairperson who is a judge of the Supreme Court, and the provisions of that Act shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the board in any such inquiry.
(sec.6-ssec.8) The expenses of a witness before the board or a person required to produce documents to the board shall be paid out of the fund.
(a) a chairperson; and
(b) a member representative of and nominated in writing by the Bar Association of Queensland; and
(c) a member representative of and nominated in writing by the Queensland Law Society Incorporated.
sec.7
Meetings of board
sec.7 Meetings of board
The chairperson shall preside at all meetings of the board at which chairperson is present.
Two members of the board shall form a quorum but subject to there being a quorum the board may act notwithstanding any vacancy in its membership.
The decision upon any matter of the majority of members at a meeting shall be the decision of the board.
If at a meeting of the board at which 2 members only are present the members differ in opinion upon any matter, the decision on that matter shall be deferred to a meeting of the board at which all 3 members are present.
Subject to this Act, the board may regulate its own proceedings.
(sec.7-ssec.1) The chairperson shall preside at all meetings of the board at which chairperson is present.
(sec.7-ssec.2) Two members of the board shall form a quorum but subject to there being a quorum the board may act notwithstanding any vacancy in its membership.
(sec.7-ssec.3) The decision upon any matter of the majority of members at a meeting shall be the decision of the board.
(sec.7-ssec.4) If at a meeting of the board at which 2 members only are present the members differ in opinion upon any matter, the decision on that matter shall be deferred to a meeting of the board at which all 3 members are present.
(sec.7-ssec.5) Subject to this Act, the board may regulate its own proceedings.
sec.8
Functions of board
sec.8 Functions of board
The functions of the board are—
to exercise and discharge the powers, authorities, duties, functions and obligations conferred or imposed on it by or under this Act;
to advise the Minister upon any matter submitted by the Minister to it relating to the operation of this Act.
(a) to exercise and discharge the powers, authorities, duties, functions and obligations conferred or imposed on it by or under this Act;
(b) to advise the Minister upon any matter submitted by the Minister to it relating to the operation of this Act.
sec.9
Secretary and staff
sec.9 Secretary and staff
There may be a secretary, and staff, of the board.
The secretary and staff are to assist the board to perform the board’s functions.
The secretary and staff of the board are employed under the Public Sector Act 2022 .
s 9 amd 1996 No. 37 s 147 sch 2
sub 2013 No. 35 s 18
amd 2022 No. 34 s 365 sch 3
(sec.9-ssec.1) There may be a secretary, and staff, of the board.
(sec.9-ssec.2) The secretary and staff are to assist the board to perform the board’s functions.
(sec.9-ssec.3) The secretary and staff of the board are employed under the Public Sector Act 2022 .
pt.3
Payments
Payments
sec.10
Section sec.10
s 10 amd 1999 No. 19 s 3 sch
om 2023 No. 23 s 25
sec.11
Section sec.11
s 11 om 2023 No. 23 s 25
sec.12
Section sec.12
s 12 amd 1999 No. 29 s 50 sch ; 2010 No. 42 s 9
om 2023 No. 23 s 25
sec.13
Section sec.13
s 13 amd 1999 No. 29 s 50 sch
om 2023 No. 23 s 25
sec.14
Payments out of fund
sec.14 Payments out of fund
Payments shall not be made out of the fund except upon and in accordance with a certificate of the board.
The board shall not issue a certificate pursuant to subsection (1) unless it is satisfied that the payment is authorised by this Act to be made from the fund and that the provisions of this Act in relation to a claim for the payment have been complied with.
(sec.14-ssec.1) Payments shall not be made out of the fund except upon and in accordance with a certificate of the board.
(sec.14-ssec.2) The board shall not issue a certificate pursuant to subsection (1) unless it is satisfied that the payment is authorised by this Act to be made from the fund and that the provisions of this Act in relation to a claim for the payment have been complied with.
sec.14A
Time limit for applying to board for payment
sec.14A Time limit for applying to board for payment
The board must not issue a certificate to a person under section 14 (1) for a payment from the fund unless the person applies to the board for a certificate under this section.
An application must be made within 1 year after—
the day an indemnity certificate for the payment is granted; or
if the person is entitled to the payment without the grant of an indemnity certificate—the day on which the entitlement arises.
However, the board may accept an application made after the time required under subsection (2) if the board is satisfied it would be reasonable to do so, having regard to—
the length of the delay; and
the reasons for the delay; and
the likely financial and other consequences for the person if the certificate is not granted; and
any other relevant matter.
s 14A ins 2023 No. 23 s 13
(sec.14A-ssec.1) The board must not issue a certificate to a person under section 14 (1) for a payment from the fund unless the person applies to the board for a certificate under this section.
(sec.14A-ssec.2) An application must be made within 1 year after— the day an indemnity certificate for the payment is granted; or if the person is entitled to the payment without the grant of an indemnity certificate—the day on which the entitlement arises.
(sec.14A-ssec.3) However, the board may accept an application made after the time required under subsection (2) if the board is satisfied it would be reasonable to do so, having regard to— the length of the delay; and the reasons for the delay; and the likely financial and other consequences for the person if the certificate is not granted; and any other relevant matter.
(a) the day an indemnity certificate for the payment is granted; or
(b) if the person is entitled to the payment without the grant of an indemnity certificate—the day on which the entitlement arises.
(a) the length of the delay; and
(b) the reasons for the delay; and
(c) the likely financial and other consequences for the person if the certificate is not granted; and
(d) any other relevant matter.
pt.4
Guideline proceedings
Guideline proceedings
sec.15
Section sec.15
s 15 amd 1995 No. 58 s 4 sch 1 ; 1999 No. 19 s 3 sch ; 2002 No. 34 s 74 sch 6
om 2023 No. 23 s 15
sec.16
Section sec.16
s 16 amd 1981 No. 25 s 2 ; 2002 No. 34 s 74 sch 6 ; 2005 No. 70 s 29
om 2023 No. 23 s 15
sec.17
Section sec.17
s 17 amd 1999 No. 19 s 3 sch
om 2023 No. 23 s 15
sec.18
Section sec.18
s 18 amd 2002 No. 34 s 74 sch 6
om 2023 No. 23 s 15
sec.19
Section sec.19
s 19 om 2023 No. 23 s 15
sec.20
Section sec.20
s 20 om 2023 No. 23 s 15
sec.20A
Definitions for part
sec.20A Definitions for part
In this part—
court means the Court of Appeal.
guideline judgment see the Penalties and Sentences Act 1992 , section 4 .
s 20A def guideline judgment amd 2016 No. 31 s 7 sch 1
s 20A ins 2011 No. 7 s 16
amd 2023 No. 23 s 17
sec.20B
Grant of indemnity certificate to person on appeal after conviction
sec.20B Grant of indemnity certificate to person on appeal after conviction
This section applies if on an appeal after a person is convicted—
the person applies to the court for review of a guideline judgment under the Penalties and Sentences Act 1992 , section 15AE (3) ; and
if the person made the appeal—the appeal succeeds.
The court may, on application by the person, grant to the person an indemnity certificate in respect of that part of the appeal relating to the review of the guideline judgment.
The court may grant the certificate despite no order as to costs being made or allowed.
s 20B ins 2011 No. 7 s 16
(sec.20B-ssec.1) This section applies if on an appeal after a person is convicted— the person applies to the court for review of a guideline judgment under the Penalties and Sentences Act 1992 , section 15AE (3) ; and if the person made the appeal—the appeal succeeds.
(sec.20B-ssec.2) The court may, on application by the person, grant to the person an indemnity certificate in respect of that part of the appeal relating to the review of the guideline judgment.
(sec.20B-ssec.3) The court may grant the certificate despite no order as to costs being made or allowed.
(a) the person applies to the court for review of a guideline judgment under the Penalties and Sentences Act 1992 , section 15AE (3) ; and
(b) if the person made the appeal—the appeal succeeds.
sec.20C
Effect of indemnity certificate under s 20B
sec.20C Effect of indemnity certificate under s 20B
If a person is granted an indemnity certificate under section 20B in respect of that part of an appeal relating to a review of a guideline judgement, the certificate entitles the person to be paid from the fund—
an amount equal to the additional costs incurred by the person on the appeal for which the certificate was granted, as assessed or agreed on by—
the board; and
the respondent or the respondent’s solicitor; and
the appellant or the appellant’s solicitor; and
if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the person, or on the person’s behalf, in having those costs assessed.
Despite subsection (1) , the amount payable from the fund to any 1 person under any 1 indemnity certificate must not be more than the amount prescribed under a regulation.
In this section—
additional costs , incurred by a person on an appeal, means the costs beyond what the person would otherwise have incurred had the appeal not included a review of a guideline judgment.
s 20C ins 2011 No. 7 s 16
(sec.20C-ssec.1) If a person is granted an indemnity certificate under section 20B in respect of that part of an appeal relating to a review of a guideline judgement, the certificate entitles the person to be paid from the fund— an amount equal to the additional costs incurred by the person on the appeal for which the certificate was granted, as assessed or agreed on by— the board; and the respondent or the respondent’s solicitor; and the appellant or the appellant’s solicitor; and if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the person, or on the person’s behalf, in having those costs assessed.
(sec.20C-ssec.2) Despite subsection (1) , the amount payable from the fund to any 1 person under any 1 indemnity certificate must not be more than the amount prescribed under a regulation.
(sec.20C-ssec.3) In this section— additional costs , incurred by a person on an appeal, means the costs beyond what the person would otherwise have incurred had the appeal not included a review of a guideline judgment.
(a) an amount equal to the additional costs incurred by the person on the appeal for which the certificate was granted, as assessed or agreed on by— (i) the board; and (ii) the respondent or the respondent’s solicitor; and (iii) the appellant or the appellant’s solicitor; and
(i) the board; and
(ii) the respondent or the respondent’s solicitor; and
(iii) the appellant or the appellant’s solicitor; and
(b) if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the person, or on the person’s behalf, in having those costs assessed.
(i) the board; and
(ii) the respondent or the respondent’s solicitor; and
(iii) the appellant or the appellant’s solicitor; and
sec.20D
Grant of indemnity certificate to convicted person
sec.20D Grant of indemnity certificate to convicted person
This section applies if a convicted person appears in a guideline proceeding relevant to an appeal before the court against the sentence of the convicted person under the Penalties and Sentences Act 1992 , section 15AF (2) .
The court may, on application by the convicted person, grant to the convicted person an indemnity certificate in respect of that part of the appeal relating to the guideline proceeding.
The court may grant the certificate despite no order as to costs being made or allowed.
s 20D ins 2011 No. 7 s 16
(sec.20D-ssec.1) This section applies if a convicted person appears in a guideline proceeding relevant to an appeal before the court against the sentence of the convicted person under the Penalties and Sentences Act 1992 , section 15AF (2) .
(sec.20D-ssec.2) The court may, on application by the convicted person, grant to the convicted person an indemnity certificate in respect of that part of the appeal relating to the guideline proceeding.
(sec.20D-ssec.3) The court may grant the certificate despite no order as to costs being made or allowed.
sec.20E
Effect of indemnity certificate under s 20D
sec.20E Effect of indemnity certificate under s 20D
If a convicted person is granted an indemnity certificate under section 20D in respect of that part of an appeal relating to a guideline proceeding, the certificate entitles the convicted person to be paid from the fund—
an amount equal to the additional costs incurred by the convicted person on the appeal for which the certificate was granted, as assessed or agreed on by—
the board; and
the respondent or the respondent’s solicitor; and
the appellant or the appellant’s solicitor; and
if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the convicted person, or on the convicted person’s behalf, in having those costs assessed.
Despite subsection (1) , the amount payable from the fund to any 1 person under any 1 indemnity certificate must not be more than the amount prescribed under a regulation.
In this section—
additional costs , incurred by a convicted person on an appeal, means the costs beyond what the convicted person would otherwise have incurred had the appeal not included a guideline proceeding.
s 20E ins 2011 No. 7 s 16
(sec.20E-ssec.1) If a convicted person is granted an indemnity certificate under section 20D in respect of that part of an appeal relating to a guideline proceeding, the certificate entitles the convicted person to be paid from the fund— an amount equal to the additional costs incurred by the convicted person on the appeal for which the certificate was granted, as assessed or agreed on by— the board; and the respondent or the respondent’s solicitor; and the appellant or the appellant’s solicitor; and if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the convicted person, or on the convicted person’s behalf, in having those costs assessed.
(sec.20E-ssec.2) Despite subsection (1) , the amount payable from the fund to any 1 person under any 1 indemnity certificate must not be more than the amount prescribed under a regulation.
(sec.20E-ssec.3) In this section— additional costs , incurred by a convicted person on an appeal, means the costs beyond what the convicted person would otherwise have incurred had the appeal not included a guideline proceeding.
(a) an amount equal to the additional costs incurred by the convicted person on the appeal for which the certificate was granted, as assessed or agreed on by— (i) the board; and (ii) the respondent or the respondent’s solicitor; and (iii) the appellant or the appellant’s solicitor; and
(i) the board; and
(ii) the respondent or the respondent’s solicitor; and
(iii) the appellant or the appellant’s solicitor; and
(b) if the costs referred to in paragraph (a) are assessed—an amount equal to the costs incurred by the convicted person, or on the convicted person’s behalf, in having those costs assessed.
(i) the board; and
(ii) the respondent or the respondent’s solicitor; and
(iii) the appellant or the appellant’s solicitor; and
sec.21
Discretion as to indemnity certificate
sec.21 Discretion as to indemnity certificate
The grant or refusal of an indemnity certificate lies in the discretion of the Court of Appeal, the Supreme Court or the District Court, as the case may be, and no appeal lies against any such grant or refusal.
An indemnity certificate shall not be granted in respect of any appeal from proceedings begun in a court of first instance before the commencement of this Act.
An indemnity certificate shall not be granted in favour of the Crown.
s 21 amd 1999 No. 19 s 3 sch ; 2011 No. 7 s 17
(sec.21-ssec.1) The grant or refusal of an indemnity certificate lies in the discretion of the Court of Appeal, the Supreme Court or the District Court, as the case may be, and no appeal lies against any such grant or refusal.
(sec.21-ssec.2) An indemnity certificate shall not be granted in respect of any appeal from proceedings begun in a court of first instance before the commencement of this Act.
(sec.21-ssec.3) An indemnity certificate shall not be granted in favour of the Crown.
pt.5
Miscellaneous provisions
Miscellaneous provisions
sec.22
Abortive proceedings and new trials after proceedings discontinued
sec.22 Abortive proceedings and new trials after proceedings discontinued
This section does not apply to a guideline proceeding.
Where after the commencement of this Act—
any civil or criminal proceedings are rendered abortive by the death or illness of the judge, master, magistrate or justice before whom the proceedings were had or in the case of proceedings had before the Industrial Court on appeal, of any member of that court or by disagreement on the part of the jury where the proceedings are with a jury; or
an appeal on a question of law, or on the ground there was a miscarriage of justice, against the conviction of a person (the appellant ) convicted on indictment succeeds, and a new trial is ordered; or
a subsequent appeal against the conviction of a person (also the appellant ) convicted on indictment succeeds, and a new trial is ordered; or
the hearing of any civil or criminal proceeding is discontinued and a new trial ordered by the presiding judge, magistrate or justice for a reason not attributable in any way to the act, neglect or default, in the case of civil proceedings, of any of the parties thereto or their legal representatives, or, in the case of criminal proceedings, of the accused or the accused’s legal representatives, and the relevant judge, relevant magistrate or relevant justice grants a certificate (which certificate the relevant judge, relevant magistrate or relevant justice is hereby authorised to grant)—
in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or
in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives;
any party to the civil proceedings or the accused in the criminal proceedings or the appellant, as the case may be, who pays or is ordered to pay additional costs or on whose behalf additional costs are paid or ordered to be paid by reason of the new trial shall be entitled to be paid from the fund the costs the board considers have been thrown away or partly thrown away by the person or on the person’s behalf in the proceedings.
For subsection (2) , costs thrown away in relation to proceedings include costs that are reasonably incurred before, but are wasted when—
the proceedings are rendered abortive; or
the conviction is quashed; or
the hearing of the proceedings is discontinued.
No amount shall be paid from the fund under this section to the Crown.
For the purposes of this section, where in criminal proceedings a presiding judge, magistrate or justice directs that the proceedings being heard be discontinued with a view to other criminal proceedings based on the facts alleged against the accused being instituted, it shall be deemed that a new trial is ordered.
In this section—
relevant judge , in relation to a civil or criminal proceeding, means—
the presiding judge of the court in which the proceeding was heard; or
another judge of the court, if—
it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or
the presiding judge has stopped being a judge of the court or has died.
relevant justice means—
the presiding justice; or
another justice, if—
it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or
the presiding justice has stopped being a justice or has died.
relevant magistrate means—
the presiding magistrate; or
another magistrate, if—
it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or
the presiding magistrate has stopped being a magistrate or has died.
subsequent appeal see the Criminal Code , section 668 (1) .
s 22 amd 1991 No. 97 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 2011 No. 7 s 18 ; 2017 No. 17 s 13 ; 2020 No. 15 s 16 ; 2024 No. 6 s 4
(sec.22-ssec.1) This section does not apply to a guideline proceeding.
(sec.22-ssec.2) Where after the commencement of this Act— any civil or criminal proceedings are rendered abortive by the death or illness of the judge, master, magistrate or justice before whom the proceedings were had or in the case of proceedings had before the Industrial Court on appeal, of any member of that court or by disagreement on the part of the jury where the proceedings are with a jury; or an appeal on a question of law, or on the ground there was a miscarriage of justice, against the conviction of a person (the appellant ) convicted on indictment succeeds, and a new trial is ordered; or a subsequent appeal against the conviction of a person (also the appellant ) convicted on indictment succeeds, and a new trial is ordered; or the hearing of any civil or criminal proceeding is discontinued and a new trial ordered by the presiding judge, magistrate or justice for a reason not attributable in any way to the act, neglect or default, in the case of civil proceedings, of any of the parties thereto or their legal representatives, or, in the case of criminal proceedings, of the accused or the accused’s legal representatives, and the relevant judge, relevant magistrate or relevant justice grants a certificate (which certificate the relevant judge, relevant magistrate or relevant justice is hereby authorised to grant)— in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives; any party to the civil proceedings or the accused in the criminal proceedings or the appellant, as the case may be, who pays or is ordered to pay additional costs or on whose behalf additional costs are paid or ordered to be paid by reason of the new trial shall be entitled to be paid from the fund the costs the board considers have been thrown away or partly thrown away by the person or on the person’s behalf in the proceedings.
(sec.22-ssec.3) For subsection (2) , costs thrown away in relation to proceedings include costs that are reasonably incurred before, but are wasted when— the proceedings are rendered abortive; or the conviction is quashed; or the hearing of the proceedings is discontinued.
(sec.22-ssec.4) No amount shall be paid from the fund under this section to the Crown.
(sec.22-ssec.5) For the purposes of this section, where in criminal proceedings a presiding judge, magistrate or justice directs that the proceedings being heard be discontinued with a view to other criminal proceedings based on the facts alleged against the accused being instituted, it shall be deemed that a new trial is ordered.
(sec.22-ssec.6) In this section— relevant judge , in relation to a civil or criminal proceeding, means— the presiding judge of the court in which the proceeding was heard; or another judge of the court, if— it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or the presiding judge has stopped being a judge of the court or has died. relevant justice means— the presiding justice; or another justice, if— it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or the presiding justice has stopped being a justice or has died. relevant magistrate means— the presiding magistrate; or another magistrate, if— it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or the presiding magistrate has stopped being a magistrate or has died. subsequent appeal see the Criminal Code , section 668 (1) .
(a) any civil or criminal proceedings are rendered abortive by the death or illness of the judge, master, magistrate or justice before whom the proceedings were had or in the case of proceedings had before the Industrial Court on appeal, of any member of that court or by disagreement on the part of the jury where the proceedings are with a jury; or
(b) an appeal on a question of law, or on the ground there was a miscarriage of justice, against the conviction of a person (the appellant ) convicted on indictment succeeds, and a new trial is ordered; or
(c) a subsequent appeal against the conviction of a person (also the appellant ) convicted on indictment succeeds, and a new trial is ordered; or
(d) the hearing of any civil or criminal proceeding is discontinued and a new trial ordered by the presiding judge, magistrate or justice for a reason not attributable in any way to the act, neglect or default, in the case of civil proceedings, of any of the parties thereto or their legal representatives, or, in the case of criminal proceedings, of the accused or the accused’s legal representatives, and the relevant judge, relevant magistrate or relevant justice grants a certificate (which certificate the relevant judge, relevant magistrate or relevant justice is hereby authorised to grant)— (i) in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or (ii) in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives;
(i) in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or
(ii) in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives;
(i) in the case of civil proceedings—to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of any of the parties to the proceedings or their legal representatives; or
(ii) in the case of criminal proceedings—to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect or default of the accused or the accused’s legal representatives;
(a) the proceedings are rendered abortive; or
(b) the conviction is quashed; or
(c) the hearing of the proceedings is discontinued.
(a) the presiding judge of the court in which the proceeding was heard; or
(b) another judge of the court, if— (i) it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or (ii) the presiding judge has stopped being a judge of the court or has died.
(i) it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or
(ii) the presiding judge has stopped being a judge of the court or has died.
(i) it is not reasonably practicable for the presiding judge to grant a certificate under subsection (2) (d) because of illness; or
(ii) the presiding judge has stopped being a judge of the court or has died.
(a) the presiding justice; or
(b) another justice, if— (i) it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or (ii) the presiding justice has stopped being a justice or has died.
(i) it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or
(ii) the presiding justice has stopped being a justice or has died.
(i) it is not reasonably practicable for the presiding justice to grant a certificate under subsection (2) (d) because of illness; or
(ii) the presiding justice has stopped being a justice or has died.
(a) the presiding magistrate; or
(b) another magistrate, if— (i) it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or (ii) the presiding magistrate has stopped being a magistrate or has died.
(i) it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or
(ii) the presiding magistrate has stopped being a magistrate or has died.
(i) it is not reasonably practicable for the presiding magistrate to grant a certificate under subsection (2) (d) because of illness; or
(ii) the presiding magistrate has stopped being a magistrate or has died.
sec.22A
Entitlement where point of law referred under s 669A (2) of Code
sec.22A Entitlement where point of law referred under s 669A (2) of Code
Where pursuant to section 669A (2) (b) of the Criminal Code a point of law is referred to the Court of Appeal for its consideration and opinion thereon, the accused in the trial at which the point of law arose shall be entitled to be paid from the fund such costs as the board considers have been reasonably incurred by the accused or on the accused’s behalf by reason of—
the proceedings before the Court of Appeal; and
where a new trial is had as a consequence of the opinion given by the Court of Appeal on the point of law—the trial at which the point of law arose.
s 22A ins 1989 No. 17 s 72
amd 1991 No. 68 s 111 sch 2
(a) the proceedings before the Court of Appeal; and
(b) where a new trial is had as a consequence of the opinion given by the Court of Appeal on the point of law—the trial at which the point of law arose.
sec.23
Entitlement on order for new trial on certain grounds
sec.23 Entitlement on order for new trial on certain grounds
Where after the commencement of this Act a new trial is ordered in an action on the ground that the verdict of the jury was against the evidence or the weight of the evidence or that the damages awarded in the action were excessive or inadequate, the respondent to the motion for the new trial shall be entitled to be paid from the fund—
an amount equal to the costs (if any) of the appellant in the motion for and upon the new trial ordered to be paid and actually paid by or on behalf of the respondent; and
an amount equal to the respondent’s costs of the motion for and upon the new trial, as assessed or agreed upon by the board and the respondent or the respondent’s solicitor and not ordered to be paid by any other party; and
where the costs referred to in paragraph (b) are assessed at the instance of the respondent—an amount equal to the costs incurred by the respondent or on the respondent’s behalf in having those costs assessed.
Notwithstanding subsection (1) —
where the board is satisfied that the respondent unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the respondent undue hardship—the board may direct in writing that an amount equal to those costs or the part thereof not already paid by or on behalf of the respondent be paid from the fund on behalf of the respondent to the appellant, and thereupon the appellant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction;
where the respondent has been ordered to pay the appellant’s costs in the motion for and upon the new trial—the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ;
the amount payable from the fund to any 1 respondent in respect of the motion for and upon a new trial shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.
Where upon any appeal heard after the commencement of this Act a new trial of a cause or matter is ordered upon any ground whatsoever, and upon the new trial the party who was the appellant in the appeal proceedings is ordered to pay the respondent’s costs of the new trial, the appellant shall be entitled to be paid from the fund, subject to the limitations contained in subsection (2) , the amounts referred to in subsection (1) (a) to (c) which shall for the purposes of this subsection be read and construed as if a reference in those paragraphs to the respondent were a reference to the appellant and a reference to the appellant were a reference to the respondent.
This section does not apply where the respondent to the motion for the new trial is the Crown.
s 23 amd 2002 No. 34 s 74 sch 6
(sec.23-ssec.1) Where after the commencement of this Act a new trial is ordered in an action on the ground that the verdict of the jury was against the evidence or the weight of the evidence or that the damages awarded in the action were excessive or inadequate, the respondent to the motion for the new trial shall be entitled to be paid from the fund— an amount equal to the costs (if any) of the appellant in the motion for and upon the new trial ordered to be paid and actually paid by or on behalf of the respondent; and an amount equal to the respondent’s costs of the motion for and upon the new trial, as assessed or agreed upon by the board and the respondent or the respondent’s solicitor and not ordered to be paid by any other party; and where the costs referred to in paragraph (b) are assessed at the instance of the respondent—an amount equal to the costs incurred by the respondent or on the respondent’s behalf in having those costs assessed.
(sec.23-ssec.2) Notwithstanding subsection (1) — where the board is satisfied that the respondent unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the respondent undue hardship—the board may direct in writing that an amount equal to those costs or the part thereof not already paid by or on behalf of the respondent be paid from the fund on behalf of the respondent to the appellant, and thereupon the appellant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction; where the respondent has been ordered to pay the appellant’s costs in the motion for and upon the new trial—the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ; the amount payable from the fund to any 1 respondent in respect of the motion for and upon a new trial shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.
(sec.23-ssec.3) Where upon any appeal heard after the commencement of this Act a new trial of a cause or matter is ordered upon any ground whatsoever, and upon the new trial the party who was the appellant in the appeal proceedings is ordered to pay the respondent’s costs of the new trial, the appellant shall be entitled to be paid from the fund, subject to the limitations contained in subsection (2) , the amounts referred to in subsection (1) (a) to (c) which shall for the purposes of this subsection be read and construed as if a reference in those paragraphs to the respondent were a reference to the appellant and a reference to the appellant were a reference to the respondent.
(sec.23-ssec.4) This section does not apply where the respondent to the motion for the new trial is the Crown.
(a) an amount equal to the costs (if any) of the appellant in the motion for and upon the new trial ordered to be paid and actually paid by or on behalf of the respondent; and
(b) an amount equal to the respondent’s costs of the motion for and upon the new trial, as assessed or agreed upon by the board and the respondent or the respondent’s solicitor and not ordered to be paid by any other party; and
(c) where the costs referred to in paragraph (b) are assessed at the instance of the respondent—an amount equal to the costs incurred by the respondent or on the respondent’s behalf in having those costs assessed.
(a) where the board is satisfied that the respondent unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the respondent undue hardship—the board may direct in writing that an amount equal to those costs or the part thereof not already paid by or on behalf of the respondent be paid from the fund on behalf of the respondent to the appellant, and thereupon the appellant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the respondent in respect of those costs to the extent of the amount paid in accordance with the direction;
(b) where the respondent has been ordered to pay the appellant’s costs in the motion for and upon the new trial—the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ;
(c) the amount payable from the fund to any 1 respondent in respect of the motion for and upon a new trial shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.
sec.24
Entitlement on refusal of court to sanction compromise
sec.24 Entitlement on refusal of court to sanction compromise
Where a court having jurisdiction in that behalf refuses to sanction the compromise of an action brought by an infant plaintiff and on the trial of the action the amount of the judgment obtained by the plaintiff is an amount that is not greater than the amount that the defendant had agreed to pay under the compromise and the infant plaintiff or the infant plaintiff’s next friend is ordered to pay the whole or part of the defendant’s costs of the action on any ground including the payment of money into court by the defendant, the infant plaintiff or the infant plaintiff’s next friend, as the case requires, shall be entitled to be paid from the fund—
an amount equal to the costs ordered to be paid by the infant plaintiff to the defendant and actually paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend; and
an amount equal to the infant plaintiff’s costs of the action incurred after the date on which the court refused to sanction the compromise, as assessed or agreed upon by the board and the infant plaintiff or his or her next friend or the infant plaintiff’s solicitors and not ordered to be paid by any other party; and
where the costs referred to paragraph (b) are assessed at the instance of the infant plaintiff or the infant plaintiff’s next friend—an amount equal to the costs incurred by the infant plaintiff or on the infant plaintiff’s behalf in having those costs assessed.
Notwithstanding subsection (1) —
where the board is satisfied that the infant plaintiff or the infant plaintiff’s next friend unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the infant plaintiff or the infant plaintiff’s next friend undue hardship—the board may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend be paid from the fund for and on behalf of the infant plaintiff or the infant plaintiff’s next friend to the defendant, and thereupon the defendant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the infant plaintiff or the infant plaintiff’s next friend in respect of those costs to the extent of the amount paid in accordance with the direction;
the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ;
the amount payable from the fund to any 1 infant plaintiff or the infant plaintiff’s next friend shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.
s 24 amd 2002 No. 34 s 74 sch 6
(sec.24-ssec.1) Where a court having jurisdiction in that behalf refuses to sanction the compromise of an action brought by an infant plaintiff and on the trial of the action the amount of the judgment obtained by the plaintiff is an amount that is not greater than the amount that the defendant had agreed to pay under the compromise and the infant plaintiff or the infant plaintiff’s next friend is ordered to pay the whole or part of the defendant’s costs of the action on any ground including the payment of money into court by the defendant, the infant plaintiff or the infant plaintiff’s next friend, as the case requires, shall be entitled to be paid from the fund— an amount equal to the costs ordered to be paid by the infant plaintiff to the defendant and actually paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend; and an amount equal to the infant plaintiff’s costs of the action incurred after the date on which the court refused to sanction the compromise, as assessed or agreed upon by the board and the infant plaintiff or his or her next friend or the infant plaintiff’s solicitors and not ordered to be paid by any other party; and where the costs referred to paragraph (b) are assessed at the instance of the infant plaintiff or the infant plaintiff’s next friend—an amount equal to the costs incurred by the infant plaintiff or on the infant plaintiff’s behalf in having those costs assessed.
(sec.24-ssec.2) Notwithstanding subsection (1) — where the board is satisfied that the infant plaintiff or the infant plaintiff’s next friend unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the infant plaintiff or the infant plaintiff’s next friend undue hardship—the board may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend be paid from the fund for and on behalf of the infant plaintiff or the infant plaintiff’s next friend to the defendant, and thereupon the defendant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the infant plaintiff or the infant plaintiff’s next friend in respect of those costs to the extent of the amount paid in accordance with the direction; the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ; the amount payable from the fund to any 1 infant plaintiff or the infant plaintiff’s next friend shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.
(a) an amount equal to the costs ordered to be paid by the infant plaintiff to the defendant and actually paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend; and
(b) an amount equal to the infant plaintiff’s costs of the action incurred after the date on which the court refused to sanction the compromise, as assessed or agreed upon by the board and the infant plaintiff or his or her next friend or the infant plaintiff’s solicitors and not ordered to be paid by any other party; and
(c) where the costs referred to paragraph (b) are assessed at the instance of the infant plaintiff or the infant plaintiff’s next friend—an amount equal to the costs incurred by the infant plaintiff or on the infant plaintiff’s behalf in having those costs assessed.
(a) where the board is satisfied that the infant plaintiff or the infant plaintiff’s next friend unreasonably refuses or neglects or is unable through lack of means to pay the whole of the costs referred to in subsection (1) (a) or any part thereof or that payment of those costs or part would cause the infant plaintiff or the infant plaintiff’s next friend undue hardship—the board may direct in writing that an amount equal to those costs or to the part of those costs not already paid by or on behalf of the infant plaintiff or the infant plaintiff’s next friend be paid from the fund for and on behalf of the infant plaintiff or the infant plaintiff’s next friend to the defendant, and thereupon the defendant shall be entitled to payment from the fund in accordance with the direction and the fund shall be discharged from liability to the infant plaintiff or the infant plaintiff’s next friend in respect of those costs to the extent of the amount paid in accordance with the direction;
(b) the aggregate of the amounts payable from the fund pursuant to subsection (1) (b) and (c) shall not exceed the amount payable from the fund pursuant to subsection (1) (a) ;
(c) the amount payable from the fund to any 1 infant plaintiff or the infant plaintiff’s next friend shall not in any case exceed $4,000 or such other amount as is prescribed from time to time.
sec.24A
No payments to Legal Aid Queensland or service providers
sec.24A No payments to Legal Aid Queensland or service providers
The board must not make a payment from the fund—
to Legal Aid Queensland; or
to a Legal Aid service provider, in relation to a proceeding for which the Legal Aid service provider gave legal assistance under the Legal Aid Queensland Act 1997 .
s 24A ins 2023 No. 23 s 19
(a) to Legal Aid Queensland; or
(b) to a Legal Aid service provider, in relation to a proceeding for which the Legal Aid service provider gave legal assistance under the Legal Aid Queensland Act 1997 .
sec.25
Payment to solicitor
sec.25 Payment to solicitor
Any amount payable to a person from the fund may, if the board thinks fit, be paid to the person’s solicitor and on payment to the person’s solicitor the fund shall be discharged from liability to that person in respect of that amount.
sec.25A
Approval of forms
sec.25A Approval of forms
The chief executive may approve forms for use under this Act.
s 25A ins 2010 No. 42 s 10
sec.26
Regulation-making power
sec.26 Regulation-making power
The Governor in Council may make regulations under this Act.
A regulation may be made about—
the making of payments out of the fund and the fixing of maximum payments out of the fund in a particular case;
the assessment of costs for the purposes of this Act in circumstances not provided for under the rules of the appropriate court or where a party to an appeal refuses or neglects to tax the party’s costs;
officers by whom bills of costs may be assessed for the purposes of this Act in different courts or in different jurisdictions of a court;
the preparation and service of bills of costs proposed to be assessed for the purposes of this Act;
the fees and allowances payable under this Act and the purposes for which those fees and allowances are payable;
records to be kept by the proper officer, for the purposes of this Act and the keeping of those records.
s 26 amd 1995 No. 58 s 4 sch 1 ; 2002 No. 34 s 74 sch 6
(sec.26-ssec.1) The Governor in Council may make regulations under this Act.
(sec.26-ssec.2) A regulation may be made about— the making of payments out of the fund and the fixing of maximum payments out of the fund in a particular case; the assessment of costs for the purposes of this Act in circumstances not provided for under the rules of the appropriate court or where a party to an appeal refuses or neglects to tax the party’s costs; officers by whom bills of costs may be assessed for the purposes of this Act in different courts or in different jurisdictions of a court; the preparation and service of bills of costs proposed to be assessed for the purposes of this Act; the fees and allowances payable under this Act and the purposes for which those fees and allowances are payable; records to be kept by the proper officer, for the purposes of this Act and the keeping of those records.
(a) the making of payments out of the fund and the fixing of maximum payments out of the fund in a particular case;
(b) the assessment of costs for the purposes of this Act in circumstances not provided for under the rules of the appropriate court or where a party to an appeal refuses or neglects to tax the party’s costs;
(c) officers by whom bills of costs may be assessed for the purposes of this Act in different courts or in different jurisdictions of a court;
(d) the preparation and service of bills of costs proposed to be assessed for the purposes of this Act;
(e) the fees and allowances payable under this Act and the purposes for which those fees and allowances are payable;
(f) records to be kept by the proper officer, for the purposes of this Act and the keeping of those records.
pt.6
Transitional provisions
Transitional provisions
pt.6-div.1
Transitional provision for Court and Civil Legislation Amendment Act 2017
Transitional provision for Court and Civil Legislation Amendment Act 2017
sec.27
Section sec.27
s 27 ins 2010 No. 42 s 11
om 2013 No. 39 s 109 sch 2
sec.28
Section sec.28
s 28 ins 2010 No. 42 s 11
om 2023 No. 23 s 21
sec.29
Section sec.29
s 29 ins 2011 No. 7 s 19
om 2013 No. 39 s 109 sch 2
sec.30
Section sec.30
s 30 ins 2013 No. 35 s 19
om 2023 No. 23 s 21
sec.31
Court and Civil Legislation Amendment Act 2017
sec.31 Court and Civil Legislation Amendment Act 2017
This section applies if, before the commencement—
a person had an entitlement to a payment from the fund under section 22; and
the board had not decided the amount of the payment.
Section 22, as amended by the Court and Civil Legislation Amendment Act 2017 , applies in relation to the person’s entitlement.
s 31 ins 2017 No. 17 s 14
(sec.31-ssec.1) This section applies if, before the commencement— a person had an entitlement to a payment from the fund under section 22; and the board had not decided the amount of the payment.
(sec.31-ssec.2) Section 22, as amended by the Court and Civil Legislation Amendment Act 2017 , applies in relation to the person’s entitlement.
(a) a person had an entitlement to a payment from the fund under section 22; and
(b) the board had not decided the amount of the payment.
pt.6-div.2
Transitional provisions for Justice and Other Legislation Amendment Act 2023
Transitional provisions for Justice and Other Legislation Amendment Act 2023
sec.32
Definitions for division
sec.32 Definitions for division
In this division—
amending Act means the Justice and Other Legislation Amendment Act 2023 .
former , for a provision of this Act, means the provision as in force immediately before the commencement of the amending Act.
s 32 ins 2023 No. 23 s 22
sec.33
Application of former pt 4, div 1 to current appeals and certificates
sec.33 Application of former pt 4, div 1 to current appeals and certificates
Despite its repeal by the amending Act, former part 4, division 1 continues to apply in relation to—
an appeal started before the commencement; and
an indemnity certificate granted before the commencement.
s 33 ins 2023 No. 23 s 22
(a) an appeal started before the commencement; and
(b) an indemnity certificate granted before the commencement.
sec.34
Time limit for claiming payments for finalised proceedings
sec.34 Time limit for claiming payments for finalised proceedings
This section applies if—
a person is entitled to a payment from the fund in relation to a proceeding that was finally dealt with before the commencement; and
the person did not apply to the board for a certificate under section 14(1) before the commencement.
Section 14A applies in relation to the payment as if the reference in section 14A(2) to 1 year were a reference to 2 years.
s 34 ins 2023 No. 23 s 22
(sec.34-ssec.1) This section applies if— a person is entitled to a payment from the fund in relation to a proceeding that was finally dealt with before the commencement; and the person did not apply to the board for a certificate under section 14(1) before the commencement.
(sec.34-ssec.2) Section 14A applies in relation to the payment as if the reference in section 14A(2) to 1 year were a reference to 2 years.
(a) a person is entitled to a payment from the fund in relation to a proceeding that was finally dealt with before the commencement; and
(b) the person did not apply to the board for a certificate under section 14(1) before the commencement.
sec.35
Payments to Legal Aid Queensland or service providers
sec.35 Payments to Legal Aid Queensland or service providers
Section 24A does not prevent a payment from the fund to Legal Aid Queensland or a Legal Aid service provider in accordance with a certificate of the board issued before the commencement.
s 35 ins 2023 No. 23 s 22
sec.36
Payment of fees into the fund
sec.36 Payment of fees into the fund
Despite its repeal by the amending Act, former section 12 continues to apply in relation to amounts paid to the proper officer of a court before the commencement.
Despite its repeal by the amending Act, former section 13 continues to apply to an amount received by the Minister under former section 12.
s 36 ins 2023 No. 23 s 26
(sec.36-ssec.1) Despite its repeal by the amending Act, former section 12 continues to apply in relation to amounts paid to the proper officer of a court before the commencement.
(sec.36-ssec.2) Despite its repeal by the amending Act, former section 13 continues to apply to an amount received by the Minister under former section 12.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Appeal Costs Fund Act 1973 .
sec.2 Commencement of Act
sec.2 Commencement of Act
This Act shall commence on a date appointed by proclamation.
Section sec.3
s 3 om 17 December 1991 RA s 36
sec.4 Interpretation
sec.4 Interpretation
In this Act—
appeal includes an order to review, a case stated for the opinion or determination of a superior court on a question of law, a question of law reserved in the form of a special case for the opinion of a superior court, a motion for a new trial and any other proceeding in the nature of an appeal.
appellant includes the next friend of an infant or person under disability or the guardian ad litem of any person.
approved form means a form approved under section 25A .
s 4 def approved form ins 2010 No. 42 s 8
assessed , in relation to costs, includes taxed.
s 4 def assessed ins 2002 No. 34 s 74 sch 6
board means the Appeal Costs Board constituted under this Act.
costs , in relation to an appeal, include the costs of an application for an indemnity certificate in respect of an appeal but do not include costs incurred in a court of first instance except where otherwise expressly provided.
court includes any board, other body or person from whose decision there is an appeal to a superior court on a question of law or which may state a case for the opinion or determination of a superior court on a question of law or reserve any question of law in the form of a special case for the opinion of a superior court.
fund means the Appeal Costs Fund established under this Act.
guideline proceeding see the Penalties and Sentences Act 1992 , section 15AA .
s 4 def guideline proceeding ins 2011 No. 7 s 13
indemnity certificate means an indemnity certificate granted under this Act.
proper officer , used in relation to a court, means—
in the case of the Supreme Court or the District Court—the registrar;
in the case of a Magistrates Court—the clerk of the court.
s 4 def proper officer amd 1999 No. 19 s 3 sch
respondent includes the next friend of an infant or person under disability or the guardian ad litem of any person.
sequence of appeals means a sequence of appeals in which each appeal that follows next after another appeal in the sequence is an appeal against the decision in that other appeal.
s 4 amd 1990 No. 80 s 3 sch 6 ; 1991 No. 97 s 3 sch 1 ; 2002 No. 34 s 74 sch 6
(a) in the case of the Supreme Court or the District Court—the registrar;
The Act ties some entitlements to other statutes. It authorises the Court of Appeal or other appellate courts to grant indemnity certificates in specified guideline-related scenarios (ss20B, 20D), with the certificates entitling recipients to reimbursement of additional costs as assessed or agreed with the board and the opposing parties (ss20C, 20E). The Act permits the board to exercise inquiry powers substantially equivalent to a Commission of Inquiry for the purposes of its inquiries (s6(7)). Regulation-making power is broad in order to fix maximum payments, assessment procedures and fees (s26).
Who pays under the Act is explicit: amounts received for the fund are amounts appropriated via the department’s vote and then made available under the Act (s5(4)). The Act therefore establishes an appropriation-backed, administratively controlled payment mechanism to reimburse particular categories of legal cost in defined circumstances.
Main concepts
Core concepts in the Act are statutory and procedural. They include:
The Appeal Costs Fund itself, continued by the Act and administered as part of the department’s accounts (s5(1)-(3)). Receipts are departmental appropriations made available for use under the Act (s5(4)). The Act lists certain classes of expenditure payable from the fund, including staff costs and specified sections (s5(5)).
The Appeal Costs Board, a three-member body appointed by the Minister, consisting of a chairperson and two members (one nominated by the Bar Association of Queensland and one by the Queensland Law Society Incorporated), with power to function as a Commission of Inquiry for inquiries under the Act (ss6-8). Members are appointed for terms up to three years, may be removed by the Minister, and are paid prescribed fees and allowances (s6(2)-(6)).
Indemnity certificates, a court-issued instrument in certain circumstances which, when granted, can create an entitlement to payment from the fund; the Act governs when courts may grant certificates and how certificates interact with payments (ss20B-20E, s21). Granting or refusing an indemnity certificate rests in the discretion of the relevant appellate court and is not itself appealable (s21(1)). The Act also precludes certificates in certain cases, for example, appeals from proceedings begun before the Act commenced and certificates in favour of the Crown (s21(2)-(3)).
“Costs” and “additional costs.” The Act defines costs in the appeal context to include the costs of applying for an indemnity certificate, but excludes costs in courts of first instance except where expressly provided (s4). In the guideline proceedings context, the Act defines “additional costs” as those beyond what would have been incurred had the appeal not included the guideline review or proceeding (ss20C(3), 20E(3)).
Specified events giving rise to entitlement to payment. The Act identifies concrete scenarios where persons can claim payment from the fund, notably: abortive proceedings or new trials following specified events (s22); points of law referred under the Criminal Code to the Court of Appeal (s22A); new trials ordered on grounds related to jury verdicts for civil jury actions (s23); refusal to sanction a compromise for an infant plaintiff (s24); and guideline proceedings and appeals (ss20A-20E).
Administrative controls. No payment may be made except upon a board certificate (s14). The board must be satisfied that the payment is authorised and claim provisions complied with (s14(2)). The Governor in Council may make regulations on many procedural and limit-setting matters, including fixing maximum payments and assessment processes (s26).
Time limits and transitional rules. The board must receive applications for payment within one year of indemnity certificate grant or entitlement arising, subject to a discretion to accept later applications for reasonable reasons (s14A). Transitional provisions preserve the application of former part 4, division 1 for appeals started before an amending commencement and extend time to claim for finalised proceedings to two years where applicable (ss33-35).
These concepts interact to place administrative control over reimbursement of certain appellate-related costs in a single board, with specified criteria for entitlement and procedure for payment, while leaving discretion to courts to grant indemnity certificates and to the board to assess and authorise payments.
Who it affects
The Act affects a defined but diverse set of actors in litigation and appellate practice.
Appellants and respondents in appeals. The primary direct beneficiaries are appellants and respondents who fall within the specified classes of entitlement. For example, a person who pays additional costs on an appeal because the appeal included a review of a guideline judgment may be entitled to reimbursement if an indemnity certificate is granted by the court (ss20B-20C). Similarly, parties who incur costs because proceedings were rendered abortive or a new trial was ordered may claim payment for costs “thrown away” as the board considers (s22).
Convicted persons appearing in guideline proceedings. The Act authorises courts to grant indemnity certificates in relation to guideline proceedings (ss20D-20E). Convicted persons appearing in those proceedings can be reimbursed for additional costs linked to guideline proceedings, subject to assessment and regulations limiting payment (s20E(2)).
Infant plaintiffs and their next friends. Where a court refuses to sanction a compromise for an infant plaintiff and trial results in a judgment not greater than the compromise, and costs are ordered against the infant plaintiff, the infant plaintiff or next friend may be entitled to reimbursement for costs paid and costs incurred after refusal, per s24.
Parties in civil jury actions where a new trial is ordered on ground that the jury verdict was against the evidence or that damages were excessive or inadequate. Respondents to the motion for new trial may be entitled to reimbursements (s23).
Persons directly affected by a point of law referred under s669A(2)(b) of the Criminal Code to the Court of Appeal. The accused in the trial at which the point arose may be entitled to costs reasonably incurred because of proceedings before Court of Appeal and, if a new trial follows, the original trial (s22A).
Solicitors and legal representatives. The board may, at its discretion, pay an amount to a person’s solicitor instead of the person (s25). Solicitors who are engaged to pursue assessments of costs may generate assessable costs recoverable under the Act when costs are assessed at the instance of a claimant and the Act entitles recovery of assessment costs (ss20C(1)(b); 20E(1)(b); 23(1)(c); 24(1)(c)).
The Crown. The Act expressly excludes the Crown from being granted an indemnity certificate (s21(3)). In some payment provisions the Act expressly precludes payments to the Crown for the section’s entitlements (s22(4), s23(4)).
Legal Aid Queensland and Legal Aid service providers. From 2023, the board must not make a payment from the fund to Legal Aid Queensland or to a Legal Aid service provider in relation to a proceeding for which the service provider gave legal assistance under the Legal Aid Queensland Act 1997 (s24A). Transitional s35 preserves certificates issued before commencement.
The department and Minister. The fund is part of departmental accounts, funds are appropriated via the department’s vote and staff to administer the board are paid from the fund (s5(2)-(5); s9). The Minister appoints and may remove board members (s6(2)-(4)) and receives advice from the board on operation matters (s8(2)).
Professional associations. The Bar Association of Queensland and Queensland Law Society Incorporated have the institutional role of nominating board members (s6(2)). Failure to nominate within 28 days permits the Minister to appoint a person he or she considers suitable to represent the body (s6(3)).
Indirectly affected actors include opponents in appeals, who are party to the assessment or agreement process for costs payable under indemnity certificates (ss20C(1)(a)-(c), 20E(1)(a)-(c)), and courts choosing whether to grant indemnity certificates (ss20B, 20D), since grant decisions determine potential funding exposure. Officers and proper officers of courts have record-keeping and fee-related obligations under regulation-making power (s26(f)).
Who pays. Although the Act speaks of “payments from the fund”, the fund’s receipts are appropriations from the department’s vote under the Financial Accountability Act 2009 and are therefore public monies provided to the department for use under the Act (s5(4)). The Act also prescribes that amounts received for the fund be deposited in departmental financial-institution accounts and that accounts for the fund be kept as part of the department’s accounts (s5(2)-(3)).
Key duties and rights
The Act creates a network of statutory duties and rights allocated between courts, the board, the Minister, department staff and claimants. The salient duties and rights are:
Duty to hold fund accounts and deposit receipts. The department must keep accounts for the Appeal Costs Fund as part of departmental accounts and must deposit amounts received for the fund in a departmental financial-institution account (s5(2)-(3)). The Act also prescribes payment of certain items, including staff costs and specified sections’ payments, out of the fund (s5(5)).
Right to payment only upon board certificate. No payment shall be made from the fund except upon and in accordance with a certificate of the board and the board must be satisfied that payment is authorised by the Act and that claim provisions have been complied with (s14(1)-(2)). This places an administrative gatekeeper role on the board for all disbursements from the fund.
Right to seek indemnity certificates from the Court of Appeal, Supreme Court or District Court. In specified contexts the Act permits a person or convicted person to apply to the relevant court for an indemnity certificate (ss20B, 20D). Granting or refusal of such certificates lies in the discretion of the court and is not appealable (s21(1)). The courts may grant certificates “despite no order as to costs being made or allowed” in the ordinary appeal orders (ss20B(3), 20D(3)).
Right to payment where an indemnity certificate is granted. A person granted an indemnity certificate under ss20B or 20D can claim from the fund an amount equal to the additional costs incurred on the appeal relating to the guideline review or proceeding, as assessed or agreed by the board and parties, and reimbursement of costs of having those costs assessed where assessment is undertaken (ss20C(1)-(3), 20E(1)-(2)). The Act limits the amount payable by reference to regulation-prescribed maximums (ss20C(2), 20E(2)).
Right to reimbursement for costs “thrown away” by abortive proceedings or new trials. Section 22 entitles any party who pays or is ordered to pay additional costs following abortive proceedings or a new trial to be paid from the fund the costs the board considers have been thrown away or partly thrown away by the person. The Act defines “costs thrown away” to include costs reasonably incurred before but wasted when proceedings are rendered abortive, conviction is quashed, or hearing discontinued (s22(3)).
Right to costs where point of law referred under Criminal Code. Under s22A, where a point of law is referred to the Court of Appeal under s669A(2)(b) of the Criminal Code, the accused in the trial at which the point arose is entitled to be paid from the fund such costs as the board considers have been reasonably incurred by reason of Court of Appeal proceedings and any consequent new trial.
Rights in relation to new-trial motions in civil jury actions. Section 23 entitles the respondent to a motion for new trial (on certain juror-verdict grounds) to payment of specified sums, including amounts equal to appellant’s costs actually paid by respondent, respondent’s costs of the motion, and assessment costs where incurred at respondent’s instance. It also allows the board to direct payment to the appellant on behalf of an impecunious respondent, with limits including a statutory $4,000 per respondent cap or a regulatory cap (s23(2)).
Rights and restrictions concerning infant plaintiff compromises. Section 24 gives entitlement to infant plaintiffs or next friends who are ordered to pay defendant’s costs following a court’s refusal to sanction a compromise, including recovery of defendant’s costs actually paid and infant plaintiff’s costs incurred after the refusal, with a similar board power to direct payment on behalf of an impecunious infant plaintiff and the same $4,000 cap (s24(1)-(2)).
Exclusions. Indemnity certificates cannot be granted in respect of appeals from proceedings begun in a court of first instance before this Act commenced, and cannot be granted in favour of the Crown (s21(2)-(3)). Section 22 explicitly excludes guideline proceedings (s22(1)). Section 24A bars payments to Legal Aid Queensland or Legal Aid service providers relating to proceedings for which a Legal Aid service provider gave legal assistance (s24A), subject to transitional exceptions for existing certificates (s35).
Administrative and procedural duties. The chief executive may approve forms for use under the Act (s25A). The board may adopt procedures for its own regulation (s7(5)), and the Governor in Council may make regulations covering maximum payments, assessment procedures, fees and records (s26). Proper officers of courts have duties referenced indirectly under regulation-making power for record-keeping and related processes (s26(f)).
Internal administrative rights. The board may allow payment of amounts for the costs of making an application to it and include such amounts in certificates (s5(6)). The board may pay witness expenses and staff costs from the fund (s6(8); s5(5)).
Taken together, the Act creates statutory entitlements and administrative duties that channel payments through a centralised board process, allocate discretion between the courts and the board on granting certificates and authorising payments, prescribe time limits and assessment mechanisms, and set explicit exclusions and caps.
Penalties and enforcement
The Appeal Costs Fund Act 1973 does not create criminal penalties or civil fines for non-compliance within the text provided. Enforcement and compliance under the Act are administrative and procedural, concentrated in the board’s control over disbursements, and at times in the courts’ exercise of discretion to issue indemnity certificates.
Key enforcement and control mechanisms:
Board certificate as enforcement gate. The board’s certificate is a legal condition precedent to payment from the fund (s14(1)). The board must be satisfied that the payment is authorised by the Act and that claim provisions have been complied with before issuing a certificate (s14(2)). This gives the board administrative control over whether funds leave the public account.
Discretionary, non-appealable decisions on indemnity certificates. The grant or refusal of an indemnity certificate by the Court of Appeal, the Supreme Court or the District Court lies in the court’s discretion and is not itself subject to appeal under the Act (s21(1)). That limits recourse against judicial exercise of discretion on indemnity certificates to whatever remedies general law might provide, but the Act removes statutory appeal from its scheme for these discrete decisions.
Procedural remedies are internal and administrative. The Act empowers the board to inquire and exercise Commission of Inquiry powers for the purposes of making decisions (s6(7)). That includes powers to summon witnesses and require production of documents, with witness expenses paid from the fund where necessary (s6(8)). The board’s use of those powers provides an enforcement tool to require evidence supporting or opposing a claim.
Regulation-based sanctions. While the Act itself contains no civil or criminal penalties for false claims or failure to keep records, the Governor in Council may make regulations governing records, fees and assessment procedures (s26). Such regulations could prescribe procedural consequences for non-compliance, though none are specified within the Act text provided.
Financial discharge effect of payment to solicitor. The fund is discharged from liability to a person on payment to that person’s solicitor where the board elects to pay the solicitor (s25). This has the practical effect of settling the claim against the fund, foreclosing further claims against the fund on the same entitlement.
Administrative limits and caps. The Act contains statutory limits on the amounts payable in particular classes. Where a person is entitled to payment under s20C or s20E, the payment must not be more than the amount prescribed under regulation in respect of any one indemnity certificate (s20C(2); s20E(2)). Sections 23 and 24 include explicit $4,000 caps on amounts payable to any one respondent or infant plaintiff or next friend, with a proviso that such figure is subject to regulation-based change (ss23(2)(c), 24(2)(c)). These limits operate as financial enforcement controls on exposure of the fund.
Exclusions and limitations. Indemnity certificates cannot be granted in favour of the Crown (s21(3)), and the board must not make payments to Legal Aid Queensland or a Legal Aid service provider in relation to proceedings for which the service provider provided legal assistance (s24A), though transitional exceptions apply to certificates issued before commencement of that amendment (ss24A, 35).
What the Act does not do, within the text provided, is set criminal sanctions for fraudulent claims, provide an express right of recovery where the board erroneously pays, or create a statutory cause of action to enforce board decisions. Enforcement therefore is primarily administrative: the board authorises payments; it uses inquiry powers to determine entitlement; courts exercise discretion to grant indemnity certificates; and regulations are the likely instrument for specifying operational enforcement details. Parties seeking payment must comply with procedural and evidentiary requirements to the board, and the board’s certificate is the key instrument enforcing eligibility and authorising payment.
How it interacts with other laws
The Act cross-references and integrates with multiple other statutory instruments, allocating roles and defining entitlements that depend on other statutory regimes.
Key statutory interfaces:
Financial Accountability Act 2009. Section 5(4) states the amounts received for the fund are amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act. The fund’s accounts must be part of departmental accounts and deposited in departmental financial-institution accounts (s5(2)-(3)). This places the fund within public appropriation and departmental financial management frameworks, exposing it to financial-accountability requirements of the department.
Commissions of Inquiry Act 1950. For inquiries under this Act, the board may exercise powers, authorities and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950; the chairperson or presiding member has analogous powers to a Commission chairperson except those reserved to a judge of the Supreme Court (s6(7)). This grants the board a statutory evidence-gathering and compulsory process capacity for its inquiries.
Penalties and Sentences Act 1992. The Act explicitly links to the Penalties and Sentences Act for definitions and procedures tied to guideline proceedings. “Guideline proceeding” and “guideline judgment” are concepts defined in that Act and incorporated into the Appeal Costs Fund Act by reference (s20A). Sections 20B-20E operate in tandem with procedural provisions in the Penalties and Sentences Act, for example s15AE(3) and s15AF(2) (ss20B(1), 20D(1)).
Criminal Code. The Act refers to Criminal Code provisions. Section 22(6) references “subsequent appeal” as defined in Criminal Code s668(1). Section 22A deals with points of law referred under s669A(2)(b) of the Criminal Code to the Court of Appeal and entitles the accused to costs the board considers reasonably incurred by reason of such proceedings (s22A).
Legal Aid Queensland Act 1997. Section 24A, inserted in 2023, prohibits payments from the fund to Legal Aid Queensland or to Legal Aid service providers in relation to proceedings for which the service provider gave legal assistance under the Legal Aid Queensland Act 1997. Transitional s35 preserves earlier valid certificates issued before commencement.
Public Sector Act 2022. Section 9(3) specifies that the secretary and staff of the board are employed under the Public Sector Act 2022, tying staff employment conditions and management to the public sector employment regime.
Regulation-making frameworks. The Governor in Council may make regulations under the Act covering matters like maximum payments, assessment of costs where court rules do not provide, officers who may assess bills, preparation and service of bills, fees and allowances and records to be kept by proper officers (s26). These regulations will mediate how court-based cost procedures interact with board assessments and the practical mechanics of claims.
Court rules and taxation of costs. The Act contemplates assessment by bills of costs and refers to taxed or assessed costs in its definitions (s4). Section 26 explicitly contemplates regulation to cover assessment where the rules of the appropriate court do not provide or where a party refuses to tax costs. The Act therefore slots into existing cost-assessment and taxation mechanisms but reserves power to regulate alternative procedures.
Transitional provisions and amending Acts. The Act records successive amendments and transitional interactions, for example preservation of former part 4, division 1 for appeals started before an amending commencement (s33), extension of time limits for finalised proceedings to claim payments where relevant (s34), and treatment of fees paid into the fund under repealed provisions (s36). These transitional rules determine the Act’s application to proceedings spanning legislative change.
Operational interaction effects and practical consequences:
Courts decide whether to grant indemnity certificates under the Act, but grant alone does not effect payment; payment still requires a board certificate and board satisfaction of statutory requirements (ss20B, 20D, s14). The Act therefore establishes a two-stage judicial-administrative interface.
Costs assessment can involve the board, the respondent and appellant or solicitors, and where assessment is undertaken, costs of assessment may themselves be recoverable under the Act (s20C(1)(b); s20E(1)(b); s23(1)(c); s24(1)(c)). The Act contemplates assessment processes aligned with court taxation of costs, but allows regulations to fill gaps (s26(b)-(c)).
Financial management under the Financial Accountability Act means departmental control and appropriation processes govern the fund’s funding and accounting, creating central administrative and budgetary oversight over disbursements (s5(2)-(5)).
The board’s powers under the Commissions of Inquiry Act enable compulsory production and evidence-gathering in contested claims, an enforcement feature that interacts with usual civil discovery and court processes (s6(7)-(8)).
Legal Aid interactions are constrained, because the Act directs the board not to make payments to Legal Aid Queensland or Legal Aid service providers for matters where the service provider gave legal assistance under the Legal Aid Queensland Act 1997; the transitional saving at s35 preserves earlier certificates.
Practitioners must therefore navigate court discretion on indemnity certificates, administrative gatekeeping at the board, regulation-set caps and procedures, and intersecting public financial management obligations.
Amendment history
The Act exhibits a long history of incremental amendments documented in the text. The Act’s text indicates multiple amendment years and fairly specific insertions and repeals. The following summarises the amendment metadata shown in the Act text, noting the provision-level amendment references the instrument and year recorded in the printed provisions.
1981: s16 amended, per marginal note (s15 references show earlier amendments).
1989: s22A inserted in 1989 No. 17 s72 (s22A ins 1989 No. 17 s72).
1990 and 1991: Definitions amended and omissions recorded, e.g., s4 amendments in 1990 No. 80, 1991 No. 97; s22 and other sections amended in 1991 No. 97 (multiple cross-references).
1999: Several provisions amended in 1999 No. 19 (e.g., s5, s6, s7, s13 notations refer to 1999 No. 19 s3 schedule).
2002: Significant omnibus changes noted in 2002 No. 34 s74 schedule 6, affecting definitions and multiple sections (s4, s6, s9, s23, s24, s26).
2003: s5 and s6 amended (2003 No. 77 s24-25).
2005: s16 amended by 2005 No. 70 s29.
2010: Insertion of approved form definition and s25A (2010 No. 42 s8-10); s12, s13 noted as amended in 2010 (omissions).
2011: Insertions and amendments relating to guideline proceedings and part 4 provisions, including s20A and ss20B-20E (2011 No. 7 s16-19).
2013: Multiple amendments recorded in 2013 No. 35 (s5, s6, s9 amendments noted).
2016: s20A def for guideline judgment amended in 2016 No. 31 s7 schedule 1.
2017: Court and Civil Legislation Amendment Act 2017 transitional provisions insert s31; s5 amended in 2017 No. 17 s12.
2020: s22 amended by 2020 No. 15 s16.
2022: Employment provision for secretary/staff updated to the Public Sector Act 2022 (s9 amendment 2022 No. 34 s365 schedule 3).
2023: A substantial amending Act, the Justice and Other Legislation Amendment Act 2023, made multiple changes, including insertion of s14A (time limit for applying to the board), repeal and reworking of parts (former part 4 division 1 repealed but preserved for certain proceedings by transitional s33), insertion of s24A no payments to Legal Aid Queensland or service providers, and transitional provisions s32-s36 addressing application of former provisions and treatment of fees and certificates (2023 No. 23 ss12-26 referenced against various sections).
2024: s22 amended in 2024 No. 6 s4.
The Act’s amendment history, as recorded in the text, reflects persistent legislative tuning to procedural detail: additions for guideline proceedings in 2011, clarification of board powers and composition, amendments aligning staff employment with the Public Sector Act, and recent changes in 2023 altering payment recipients and introducing strict application time limits for board certificates. Transitional sections in Pt 6 preserve the rights of persons and cases started under earlier regimes, demonstrating legislative care for continuity where appeals span amendment events (ss31-36).
This list is limited to the amendment references present in the provided version of the Act. Each cited amendment is recorded in the Act’s marginal notes and provision annotations. The Act itself instructs that regulations may be made about fee amounts and maximum payments, which provides an administrative mechanism for change without primary-legislation amendment (s26).
Litigation history
The statutory text supplied contains no judicial decisions, case law citations or litigation outcomes. The Act itself names no cases. Provisions set down procedural and discretionary arrangements that are likely to generate litigation or judicial review in practice, but the text does not record any judgments or controversies.
What the Act does reveal about possible litigation pathways:
Discretionary judicial acts with limited statutory appeal. Grant or refusal of indemnity certificates lies in the discretion of appellate courts and is statutorily non-appealable under the Act (s21(1)). That limits the statutory route to appeal a court’s decision on certificate grant or refusal. The absence of an appeal right under the Act leaves potential for judicial review on conventional public law grounds in appropriate cases, though the Act does not address or limit that avenue.
Administrative gatekeeping and potential review of board decisions. The board controls payments via certificates (s14(1)-(2)). Where the board refuses to issue a certificate, affected parties may have remedies under general administrative law principles. The Act does not prescribe an internal appeal mechanism from board decisions, but the board’s exercise of Commission of Inquiry-like powers (s6(7)) and procedural control (s7(5)) means its decisions will be grounded in an evidentiary record amenable to review in judicial review proceedings where a legal argument exists.
Assessment-based disputes. The Act requires amounts payable under indemnity certificates to be as assessed or agreed on by the board and the respondent or respondent’s solicitor and the appellant or appellant’s solicitor (ss20C(1)(a), 20E(1)(a)). That collaborative structure may generate disputes concerning the proper assessment of costs, fees for assessment, or the proper measure of “additional costs”. The Act allows for payment of assessment costs where assessment occurs (ss20C(1)(b), 20E(1)(b)). The Act also anticipates that regulations will address assessment in circumstances not provided for by court rules or where a party refuses to tax costs (s26(b)).
Payment disputes and discharge by solicitor. Because payment to a solicitor discharges the fund’s liability to the person (s25), disputes over whether the solicitor was the correct payee or whether payment properly discharged liability could arise, though the Act treats payment to solicitor as conclusive for fund liability.
Transitional litigation risk. The 2023 amendments removed some provisions and inserted new ones while preserving the application of former part 4, division 1 for appeals started before commencement (s33). There is potential for disagreement about which statutory regime applies to particular appeals crossing the amendment date, an issue liable to litigation or administrative contest.
Absent case law or judicial references in the supplied text, this section records statutory features that will shape litigation risk and potential review paths rather than recounting an existing litigation history. Practitioners should anticipate that board and court exercises of discretion, assessment disputes and transitional application questions create issues likely to attract procedural challenges, yet the Act itself removes a statutory appeal right against courts’ grant or refusal of indemnity certificates (s21(1)).
Gotchas
Practical traps, limits and pitfalls are embedded in the Act’s text. The following particulars are concrete, sourced to sections, and have direct operational consequences that practitioners and clients must manage.
Payment only on board certificate. No payment is to be made from the fund except upon and in accordance with a certificate of the board and only where the board is satisfied that payment is authorised and claim provisions are complied with (s14). Obtaining an indemnity certificate from a court does not by itself result in payment; a separate application to the board with compliance with board procedures is necessary.
One-year statutory time bar with limited discretion. Section 14A requires application to the board within one year after the day an indemnity certificate is granted or, where entitlement arises without grant, the day the entitlement arises. The board may accept a later application only if satisfied it would be reasonable to do so, having regard to delay length, reasons, likely consequence and other matters (s14A(2)-(3)). Transitional s34 treats finalised proceedings before the 2023 amendment as allowing two years for application. Missing the one-year window risks losing entitlement unless exceptional circumstances permit late acceptance.
Discretion and no statutory appeal against courts’ indemnity certificate decisions. Grant or refusal of indemnity certificates is discretionary and non-appealable under the Act (s21(1)). Judicial decisions on certificates therefore have limited statutory appeal routes. This changes the litigation strategy where an appellant is seeking the certificate.
Statutory caps and regulatory maxima. Sections 20C(2) and 20E(2) limit payments under particular indemnity certificates to amounts prescribed by regulation. Sections 23(2)(c) and 24(2)(c) impose a $4,000 cap per respondent or infant plaintiff or next friend for payments in new-trial and infant-compromise contexts, subject to regulation. These caps may materially limit actual reimbursement relative to legal costs incurred.
Exclusions for the Crown and Legal Aid. The Crown cannot be granted an indemnity certificate (s21(3)). From 2023, the board must not make a payment to Legal Aid Queensland or to a Legal Aid service provider in relation to a proceeding for which that provider gave legal assistance under the Legal Aid Queensland Act 1997 (s24A). Transitional s35 preserves payments under certificates issued before the 2023 amendment. Practically, if a client received Legal Aid assistance, reimbursement to the Legal Aid provider via the fund is blocked for post-commencement claims.
Costs definition restricts recoverable costs. The Act defines “costs” in relation to an appeal to include the costs of an application for an indemnity certificate but to exclude costs in a court of first instance except where the Act expressly provides (s4). This limits what can be recovered from the fund and requires careful analysis of whether particular costs fall within the Act’s scope or rely upon express statutory exceptions.
Board-as-Commission powers. The board may exercise powers of a Commission of Inquiry for inquiries under the Act and hence may summon witnesses and obtain documents (s6(7)). Parties should be prepared for an inquiry process that is inquisitorial rather than purely adversarial; non-cooperation may be counterproductive.
Payment to solicitor discharges fund liability. Where the board pays a person’s solicitor, the fund is discharged from liability to the person in respect of that amount (s25). Care is required when consenting to payment to a solicitor, particularly where disputes exist between client and solicitor about costs.
Assessment interplay and potential for multiple assessors. Payments under ss20C and 20E are to be equal to additional costs “as assessed or agreed on by the board; and the respondent or the respondent’s solicitor; and the appellant or the appellant’s solicitor” (s20C(1)(a)). Practically, this tripartite structure requires agreement across parties or board-led assessment. Where a party refuses or neglects to tax the party’s costs, regulations may specify alternate assessment officers per s26(b)-(c); uncertainty exists until regulations are consulted.
Transitional complications. The 2023 amendments repealed former provisions but preserve former part 4, division 1 for appeals started before commencement and indemnity certificates granted before commencement (s33). Section 34 extends the time for claiming payments for finalised proceedings handled before commencement. Practitioners must determine whether a matter falls under old or new regimes, an issue that could lead to controversy and requires attention to commencement dates in the amending Act.
No express recovery remedy for erroneous payments or fraud in the Act. The text does not provide explicit statutory recovery mechanisms were payment issued in error or procured by misrepresentation, nor criminal sanctions for fraudulent claims. Recovery may therefore rely on general law doctrines, and the Act does not specify administrative clawback processes.
Records and procedure subject to regulation. The Governor in Council may make regulations about numerous procedural matters, including assessment steps, fees, and records to be kept by proper officers (s26). Until regulations are consulted and applied, procedural uncertainty can persist, including who is authorised to assess bills of costs and how bills are to be prepared and served.
These “gotchas” mean practitioners should sequence actions carefully: seek any required indemnity certificate from the relevant court; ensure an application to the board is lodged within the one-year period or secure grounds to rely on the board’s discretion for a late application; prepare for board inquiries; confirm whether Legal Aid involvement or Crown status affects recoverability; and monitor applicable regulations and transitional provisions for each claim’s procedural regime.
How to comply
Compliance under the Act is a mixed court-and-administrative process. The following operational checklist sets out steps and evidence points that a practitioner should follow, tied to the statutory provisions, to maximise the prospect of a successful claim and to manage procedural risks.
Confirm statutory eligibility. Identify the specific statutory head under which payment may be claimed: abortive proceedings/new trial (s22), point of law referred under Criminal Code s669A(2)(b) (s22A), new trial on juror-verdict grounds (s23), infant-compromise refusal (s24), or guideline proceedings related to appeals (ss20A-20E). Verify the event occurred after the Act’s commencement and whether transitional rules apply (Pt 6, ss31-36).
If applicable, obtain an indemnity certificate from the correct court. Where the entitlement depends on an indemnity certificate, apply to the Court of Appeal, Supreme Court or District Court as appropriate (ss20B(1), 20D(1)). Note that the court may grant a certificate “despite no order as to costs” (ss20B(3), 20D(3)), but that grant does not guarantee payment without a board certificate (s14).
Time your application to the board. Lodge the application to the board for a certificate under s14(1) within one year of the grant of an indemnity certificate, or within one year of the day entitlement arises where no indemnity certificate is required (s14A(2)). If outside one year, prepare an evidence-based submission addressing the length of delay, reasons, likely financial and other consequences if certificate not granted, and other relevant matters to satisfy s14A(3).
Use approved forms and keep records. Use forms approved by the chief executive under s25A, and ensure records required by regulation for the proper officer are prepared and retained (s25A; s26(f)). Request and retain the court’s certificate or order certifying the basis for entitlement where the Act requires a “certificate” from the presiding judge, magistrate or justice (s22(2)(d)).
Prepare detailed bills of costs and evidence of “additional costs” or “costs thrown away.” For guideline proceedings, quantify additional costs that would not have been incurred were the guideline review not part of the appeal; for abortive proceedings or new trials, catalogue costs reasonably incurred and wasted by the abortive event (ss20C(3); 22(3)). Where costs will be assessed, procure invoices and records of fees incurred to support recovery of assessment costs (ss20C(1)(b), 20E(1)(b), 23(1)(c), 24(1)(c)).
Anticipate the assessment process. The Act requires that sums be “as assessed or agreed on by the board; and the respondent or the respondent’s solicitor; and the appellant or the appellant’s solicitor” for ss20C and 20E (s20C(1)(a); s20E(1)(a)). Engage the respondent and appellant to negotiate agreement where possible. If assessment is required, consult court rules for taxation processes and relevant regulations under s26(b) for alternative assessment officers or procedures where court rules do not cover the circumstances or where a party refuses to tax costs.
Prepare for board inquiry powers and evidence. The board may exercise Commission of Inquiry powers (s6(7)). Be ready to produce documents and witness testimony upon board summons. Expect the board to pay witness expenses where necessary and factor that into claims (s6(8)). The board may also allow an amount for the costs of applying to the board, and will include it in any certificate (s5(6)).
Consider payment-to-solicitor option. The board may, if it thinks fit, pay the claimant’s solicitor and discharge the fund’s liability on payment (s25). Discuss client instructions and any retainer or third-party cost responsibilities with solicitors before consenting to payment to a solicitor.
Check exclusions and caps. Verify the applicant is not the Crown (s21(3)) and whether Legal Aid restrictions apply (s24A) for post-2023 claims. Check regulations for maximum amounts payable in particular categories and the statutory $4,000 cap in ss23(2)(c) and 24(2)(c), subject to regulatory substitution. Where the board can direct payment to an appellant on behalf of an impecunious respondent (s23(2)(a); s24(2)(a)), prepare applications that address lack of means and undue hardship.
Monitor transitional rules for pre-amendment matters. If the appeal started or an indemnity certificate was granted before the 2023 amending Act’s commencement, the former part 4, division 1 may continue to apply to the appeal or certificate (s33). For proceedings finally dealt with before the commencement where no board application was made, the time for application is extended to two years under s34.
Keep departmental account and appropriation context in mind. Because the fund operates as part of departmental accounts and its receipts are appropriations under the Financial Accountability Act, payment is subject to available departmental appropriations and accounting processes (s5(2)-(5)). This can affect timing of actual disbursement.
Engage with regulations and administrative practice. Consult current regulations made under s26 for maximum payments, assessment processes, officers authorised to assess bills, fees and records requirements. Regulations will materially affect assessment pathways and resource limits.
Consider administrative review and judicial review options. If the board refuses a certificate or issues a certificate that is contested, evaluate avenues for administrative review or judicial review. The Act does not provide an internal appeal procedure for board decisions and removes statutory appeal against court decisions on indemnity certificates (s21(1)); general law remedies may be the available pathway.
Plan client communications and fee arrangements. Advise clients clearly that indemnity certificates are discretionary and separate from board certificates, that time limits are strict, that caps and exclusions may materially reduce recovery, and that payments to solicitors discharge the fund’s liability.
Following this sequence and collating documentary evidence, quantified cost schedules, court certificates and timely, properly formatted board applications will align a claim with the Act’s requirements. Practitioners should monitor the board’s inquiry process and any regulations made under s26 to ensure procedural compliance and to anticipate caps and assessment mechanisms.
(b) in the case of a Magistrates Court—the clerk of the court.
pt.2 Appeal Costs Fund and board
Appeal Costs Fund and board
sec.5 Appeal Costs Fund
sec.5 Appeal Costs Fund
The Appeal Costs Fund is continued in existence.
Accounts for the fund must be kept as part of the departmental accounts of the department.
Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.
The amounts received for the fund are amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act.
The amounts referred to in subsection (6) and sections 6 (6) and (8) , 9 , 20C , 20E , 22 , 23 and 24 , the costs of the staff employed under section 9 and the administration of this Act shall be paid out of the fund.
In addition to any amount expressed by this Act to be payable out of the fund in any case, the board may allow such amount as it thinks fit to a party to any proceedings for the party’s costs of making application to the board under this Act and where the board allows those costs it shall include the amount thereof in any certificate referred to in section 14 .
In this section—
departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 .
departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 .
other amounts , of a department, means amounts received by the department other than amounts received for the fund.
s 5 amd 1999 No. 29 s 50 sch; 2002 No. 34 s 74 sch 6 ; 2003 No. 77 s 24 ; 2009 No. 9 s 136 sch 1 ; 2011 No. 7 s 14 ; 2013 No. 35 s 16 ; 2017 No. 17 s 12 ; 2023 No. 23 s 12 ; 2023 No. 23 s 23
(sec.5-ssec.1) The Appeal Costs Fund is continued in existence.
(sec.5-ssec.2) Accounts for the fund must be kept as part of the departmental accounts of the department.
(sec.5-ssec.3) Amounts received for the fund must be deposited in a departmental financial-institution account of the department but may be deposited in an account used for depositing other amounts of the department.
(sec.5-ssec.4) The amounts received for the fund are amounts paid to the department as part of its vote under the Financial Accountability Act 2009 and made available by the department for use under this Act.
(sec.5-ssec.5) The amounts referred to in subsection (6) and sections 6 (6) and (8) , 9 , 20C , 20E , 22 , 23 and 24 , the costs of the staff employed under section 9 and the administration of this Act shall be paid out of the fund.
(sec.5-ssec.6) In addition to any amount expressed by this Act to be payable out of the fund in any case, the board may allow such amount as it thinks fit to a party to any proceedings for the party’s costs of making application to the board under this Act and where the board allows those costs it shall include the amount thereof in any certificate referred to in section 14 .
(sec.5-ssec.7) In this section— departmental accounts , of a department, means the accounts of the department under the Financial Accountability Act 2009 , section 69 . departmental financial-institution account , of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83 . other amounts , of a department, means amounts received by the department other than amounts received for the fund.
sec.6 Appeal Costs Board
sec.6 Appeal Costs Board
For the purposes of this Act there shall be constituted a board to be called the Appeal Costs Board .
The board shall consist of 3 members who shall be appointed by the Minister, namely—
a chairperson; and
a member representative of and nominated in writing by the Bar Association of Queensland; and
a member representative of and nominated in writing by the Queensland Law Society Incorporated.
If either body entitled under subsection (2) to nominate a person to be a member of the board fails within 28 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination appoint a person who is in the opinion of the Minister a suitable person, as a member of the board to represent the interests of the body concerned, and the person so appointed shall be deemed to be duly appointed for all purposes.
The Minister may at any time remove a member of the board from office and appoint another member in the member’s stead.
Members of the board shall hold office for such term not exceeding 3 years as the Minister determines and are eligible for reappointment.
A member of the board is to be paid the fees and allowances prescribed under a regulation.
For the purposes of an inquiry under this Act, the board shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950 and the chairperson or member presiding at any such inquiry shall have the powers and authorities, protection and jurisdiction of a chairperson of a Commission under that Act save such as are reserved to a chairperson who is a judge of the Supreme Court, and the provisions of that Act shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the board in any such inquiry.
The expenses of a witness before the board or a person required to produce documents to the board shall be paid out of the fund.
s 6 amd 1996 No. 37 s 147 sch 2 ; 2002 No. 34 s 74 sch 6 ; 2003 No. 77 s 25 ; 2013 No. 35 s 17
(sec.6-ssec.1) For the purposes of this Act there shall be constituted a board to be called the Appeal Costs Board .
(sec.6-ssec.2) The board shall consist of 3 members who shall be appointed by the Minister, namely— a chairperson; and a member representative of and nominated in writing by the Bar Association of Queensland; and a member representative of and nominated in writing by the Queensland Law Society Incorporated.
(sec.6-ssec.3) If either body entitled under subsection (2) to nominate a person to be a member of the board fails within 28 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination appoint a person who is in the opinion of the Minister a suitable person, as a member of the board to represent the interests of the body concerned, and the person so appointed shall be deemed to be duly appointed for all purposes.
(sec.6-ssec.4) The Minister may at any time remove a member of the board from office and appoint another member in the member’s stead.
(sec.6-ssec.5) Members of the board shall hold office for such term not exceeding 3 years as the Minister determines and are eligible for reappointment.
(sec.6-ssec.6) A member of the board is to be paid the fees and allowances prescribed under a regulation.
(sec.6-ssec.7) For the purposes of an inquiry under this Act, the board shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under the Commissions of Inquiry Act 1950 and the chairperson or member presiding at any such inquiry shall have the powers and authorities, protection and jurisdiction of a chairperson of a Commission under that Act save such as are reserved to a chairperson who is a judge of the Supreme Court, and the provisions of that Act shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the board in any such inquiry.
(sec.6-ssec.8) The expenses of a witness before the board or a person required to produce documents to the board shall be paid out of the fund.
(a) a chairperson; and
(b) a member representative of and nominated in writing by the Bar Association of Queensland; and
(c) a member representative of and nominated in writing by the Queensland Law Society Incorporated.
sec.7 Meetings of board
sec.7 Meetings of board
The chairperson shall preside at all meetings of the board at which chairperson is present.
Two members of the board shall form a quorum but subject to there being a quorum the board may act notwithstanding any vacancy in its membership.
The decision upon any matter of the majority of members at a meeting shall be the decision of the board.
If at a meeting of the board at which 2 members only are present the members differ in opinion upon any matter, the decision on that matter shall be deferred to a meeting of the board at which all 3 members are present.
Subject to this Act, the board may regulate its own proceedings.
(sec.7-ssec.1) The chairperson shall preside at all meetings of the board at which chairperson is present.
(sec.7-ssec.2) Two members of the board shall form a quorum but subject to there being a quorum the board may act notwithstanding any vacancy in its membership.
(sec.7-ssec.3) The decision upon any matter of the majority of members at a meeting shall be the decision of the board.
(sec.7-ssec.4) If at a meeting of the board at which 2 members only are present the members differ in opinion upon any matter, the decision on that matter shall be deferred to a meeting of the board at which all 3 members are present.
(sec.7-ssec.5) Subject to this Act, the board may regulate its own proceedings.
sec.8 Functions of board
sec.8 Functions of board
The functions of the board are—
to exercise and discharge the powers, authorities, duties, functions and obligations conferred or imposed on it by or under this Act;
to advise the Minister upon any matter submitted by the Minister to it relating to the operation of this Act.
(a) to exercise and discharge the powers, authorities, duties, functions and obligations conferred or imposed on it by or under this Act;
(b) to advise the Minister upon any matter submitted by the Minister to it relating to the operation of this Act.
sec.9 Secretary and staff
sec.9 Secretary and staff
There may be a secretary, and staff, of the board.
The secretary and staff are to assist the board to perform the board’s functions.
The secretary and staff of the board are employed under the Public Sector Act 2022 .
s 9 amd 1996 No. 37 s 147 sch 2
sub 2013 No. 35 s 18
amd 2022 No. 34 s 365 sch 3
(sec.9-ssec.1) There may be a secretary, and staff, of the board.
(sec.9-ssec.2) The secretary and staff are to assist the board to perform the board’s functions.
(sec.9-ssec.3) The secretary and staff of the board are employed under the Public Sector Act 2022 .
pt.3 Payments
Payments
Section sec.10
s 10 amd 1999 No. 19 s 3 sch
om 2023 No. 23 s 25
Section sec.11
s 11 om 2023 No. 23 s 25
Section sec.12
s 12 amd 1999 No. 29 s 50 sch ; 2010 No. 42 s 9
om 2023 No. 23 s 25
Section sec.13
s 13 amd 1999 No. 29 s 50 sch
om 2023 No. 23 s 25
sec.14 Payments out of fund
sec.14 Payments out of fund
Payments shall not be made out of the fund except upon and in accordance with a certificate of the board.
The board shall not issue a certificate pursuant to subsection (1) unless it is satisfied that the payment is authorised by this Act to be made from the fund and that the provisions of this Act in relation to a claim for the payment have been complied with.
(sec.14-ssec.1) Payments shall not be made out of the fund except upon and in accordance with a certificate of the board.
(sec.14-ssec.2) The board shall not issue a certificate pursuant to subsection (1) unless it is satisfied that the payment is authorised by this Act to be made from the fund and that the provisions of this Act in relation to a claim for the payment have been complied with.
sec.14A Time limit for applying to board for payment
sec.14A Time limit for applying to board for payment
The board must not issue a certificate to a person under section 14 (1) for a payment from the fund unless the person applies to the board for a certificate under this section.
An application must be made within 1 year after—
the day an indemnity certificate for the payment is granted; or
if the person is entitled to the payment without the grant of an indemnity certificate—the day on which the entitlement arises.
However, the board may accept an application made after the time required under subsection (2) if the board is satisfied it would be reasonable to do so, having regard to—
the length of the delay; and
the reasons for the delay; and
the likely financial and other consequences for the person if the certificate is not granted; and
any other relevant matter.
s 14A ins 2023 No. 23 s 13
(sec.14A-ssec.1) The board must not issue a certificate to a person under section 14 (1) for a payment from the fund unless the person applies to the board for a certificate under this sectio
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