sec.94QCAT’s jurisdiction

sec.94 QCAT’s jurisdiction

QCAT has jurisdiction— to review a decision by the health ombudsman— to take immediate registration action in relation to a registered health practitioner, other than action to accept an undertaking from the practitioner; or to issue an interim prohibition order to a health practitioner; or not to vary an immediate registration action in relation to a registered health practitioner, other than action to accept an undertaking from the practitioner; or not to vary an interim prohibition order issued to a health practitioner; or to refuse an application to vary or revoke an undertaking given by a registered health practitioner and accepted by the health ombudsman as an immediate registration action; or to issue a prohibition order to a health practitioner; or to vary a prohibition order issued to a health practitioner on the health ombudsman’s own initiative; or to vary a prohibition order issued to a health practitioner in a way different to the way requested in an application by the practitioner; or not to vary a prohibition order issued to a health practitioner in response to an application by the practitioner; or to make or revise a public statement about a person under part 8AA ; and to hear a matter concerning a registered health practitioner referred to QCAT by the director of proceedings on the health ombudsman’s behalf under section 103 ; and to hear an application under section 110 to change or remove a condition imposed by QCAT on a registered health practitioner’s registration. Also, under the National Law , QCAT is given jurisdiction to— hear a matter referred to QCAT by a National Board under the National Law , section 193B ; and review an appellable decision under the National Law , section 199 . The National Law , section 199 refers to an appeal to QCAT against an appellable decision. This is taken to be a reference to a review of the decision as provided under the QCAT Act . See the Health Practitioner Regulation National Law Act 2009 , section 9 . For the QCAT Act , this Act is taken to be an enabling Act that confers the jurisdiction mentioned in subsection (2) on QCAT. Subsection (3) applies even though it is the National Law that confers the jurisdiction on QCAT and, on that basis, is also an enabling Act for the QCAT Act . The QCAT Act , sections 6 and 7 include provision about the relationship between that Act and an enabling Act. QCAT is to exercise its review jurisdiction to review a decision as mentioned in subsection (1) (a) or (2) (b) . QCAT is to exercise its original jurisdiction to hear and decide any other matter mentioned in this section. s 94 amd 2017 No. 32 s 75 ; 2019 No. 38 s 42 ; 2022 No. 22 s 24 amd 2025 No. 6 s 4 (uncommenced amendment) (sec.94-ssec.1) QCAT has jurisdiction— to review a decision by the health ombudsman— to take immediate registration action in relation to a registered health practitioner, other than action to accept an undertaking from the practitioner; or to issue an interim prohibition order to a health practitioner; or not to vary an immediate registration action in relation to a registered health practitioner, other than action to accept an undertaking from the practitioner; or not to vary an interim prohibition order issued to a health practitioner; or to refuse an application to vary or revoke an undertaking given by a registered health practitioner and accepted by the health ombudsman as an immediate registration action; or to issue a prohibition order to a health practitioner; or to vary a prohibition order issued to a health practitioner on the health ombudsman’s own initiative; or to vary a prohibition order issued to a health practitioner in a way different to the way requested in an application by the practitioner; or not to vary a prohibition order issued to a health practitioner in response to an application by the practitioner; or to make or revise a public statement about a person under part 8AA ; and to hear a matter concerning a registered health practitioner referred to QCAT by the director of proceedings on the health ombudsman’s behalf under section 103 ; and to hear an application under section 110 to change or remove a condition imposed by QCAT on a registered health practitioner’s registration. (sec.94-ssec.2) Also, under the National Law , QCAT is given jurisdiction to— hear a matter referred to QCAT by a National Board under the National Law , section 193B ; and review an appellable decision under the National Law , section 199 . The National Law , section 199 refers to an appeal to QCAT against an appellable decision. This is taken to be a reference to a review of the decision as provided under the QCAT Act . See the Health Practitioner Regulation National Law Act 2009 , section 9 . (sec.94-ssec.3) For the QCAT Act , this Act is taken to be an enabling Act that confers the jurisdiction mentioned in subsection (2) on QCAT. (sec.94-ssec.4) Subsection (3) applies even though it is the National Law that confers the jurisdiction on QCAT and, on that basis, is also an enabling Act for the QCAT Act . The QCAT Act , sections 6 and 7 include provision about the relationship between that Act and an enabling Act. (sec.94-ssec.5) QCAT is to exercise its review jurisdiction to review a decision as mentioned in subsection (1) (a) or (2) (b) . (sec.94-ssec.6) QCAT is to exercise its original jurisdiction to hear and decide any other matter mentioned in this section.