sec.193ATransfer of complaints from industrial relations commission to QCAT

### sec.193A Transfer of complaints from industrial relations commission to QCAT This section applies if— a complaint is referred to the industrial relations commission; and the commission considers the complaint includes a matter that is not a work-related matter. For a complaint referred to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the complaint. The commission may, by order, transfer the complaint to QCAT. If the commission makes an order under subsection (2) — a complaint relating to the matter is taken to have been referred to QCAT when the complaint mentioned in subsection (1) was referred to the commission; and the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the complaint to QCAT; and QCAT may deal with the work-related matter included in the complaint as if the complaint did not include a work-related matter. An order under subsection (3) (b) has effect despite any other Act or law. The commission may act under subsection (2) or (3) (b) on its own initiative or on an application of a party to the proceeding to which the complaint relates. If the commission does not make an order under subsection (2) , the commission may deal with the complaint as if it did not relate to a matter that is not a work-related matter. s 193A ins 2016 No. 63 s 1102 (sec.193A-ssec.1) This section applies if— a complaint is referred to the industrial relations commission; and the commission considers the complaint includes a matter that is not a work-related matter. For a complaint referred to QCAT, see the QCAT Act , section 52 in relation to the power to transfer the complaint. (sec.193A-ssec.2) The commission may, by order, transfer the complaint to QCAT. (sec.193A-ssec.3) If the commission makes an order under subsection (2) — a complaint relating to the matter is taken to have been referred to QCAT when the complaint mentioned in subsection (1) was referred to the commission; and the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the complaint to QCAT; and QCAT may deal with the work-related matter included in the complaint as if the complaint did not include a work-related matter. (sec.193A-ssec.4) An order under subsection (3) (b) has effect despite any other Act or law. (sec.193A-ssec.5) The commission may act under subsection (2) or (3) (b) on its own initiative or on an application of a party to the proceeding to which the complaint relates. (sec.193A-ssec.6) If the commission does not make an order under subsection (2) , the commission may deal with the complaint as if it did not relate to a matter that is not a work-related matter. - (a) a complaint is referred to the industrial relations commission; and - (b) the commission considers the complaint includes a matter that is not a work-related matter. - (a) a complaint relating to the matter is taken to have been referred to QCAT when the complaint mentioned in subsection (1) was referred to the commission; and - (b) the commission may make the orders, or give the directions, it considers appropriate to facilitate the transfer, including an order that a party is taken to have complied with the requirements under this Act, the QCAT Act or another law for referring the complaint to QCAT; and - (c) QCAT may deal with the work-related matter included in the complaint as if the complaint did not include a work-related matter.