Education and Care Services National Law (Queensland) Act 2011
sec.44Constitution of QCAT
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sec.44 Constitution of QCAT
For a review of a reviewable decision, QCAT must be constituted, to the extent practicable, with at least 1 member with specialist knowledge and expertise relevant to the matter the subject of the review. However, QCAT must not be constituted by a member who— is, or was when the reviewable decision was made, an employee or officer of the department; or has been refused a provider approval, service approval or supervisor certificate; or has had a provider approval, service approval or supervisor certificate cancelled; or has been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 ; or has had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked. (sec.44-ssec.1) For a review of a reviewable decision, QCAT must be constituted, to the extent practicable, with at least 1 member with specialist knowledge and expertise relevant to the matter the subject of the review. (sec.44-ssec.2) However, QCAT must not be constituted by a member who— is, or was when the reviewable decision was made, an employee or officer of the department; or has been refused a provider approval, service approval or supervisor certificate; or has had a provider approval, service approval or supervisor certificate cancelled; or has been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 ; or has had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked.
- (a) is, or was when the reviewable decision was made, an employee or officer of the department; or
- (b) has been refused a provider approval, service approval or supervisor certificate; or
- (c) has had a provider approval, service approval or supervisor certificate cancelled; or
- (d) has been refused a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 ; or
- (e) has had a licence under the Child Care Act 2002 or the repealed Child Care Act 1991 revoked.