sch.1-sec.98Reopening of particular proceedings of tribunal

### sch.1-sec.98 Reopening of particular proceedings of tribunal This section applies if, before the commencement— a person entered into an arrangement for the carrying out of residential construction work; and the tribunal made either of the following decisions— a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and the decision was made wholly or partly because the tribunal considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work. A consumer for the residential construction work affected by the decision may, within 6 months after the commencement, apply to the tribunal, under the QCAT Act , section 138 , to reopen the proceeding for which the decision was made (the reopening application ). The QCAT Act , section 138 (2) does not apply to the reopening application. Despite the QCAT Act , section 139 (4) , the tribunal may grant the reopening application if the tribunal considers— subsection (1) (c) applies to the decision; and the decision may not have been made if the arrangement had complied with the essential requirements for a contract for the carrying out of the residential construction work. The QCAT Act , section 140 , applies in relation to hearing and deciding the issues in the reopened proceeding as if the tribunal had decided the proceeding should be reopened under section 139 of that Act. Subject to subsections (2) to (5) , the QCAT Act , chapter 2 , part 7 , division 7 applies in relation to reopening the proceeding and hearing and deciding the issues in the proceeding. sch 1 s 98 ins 2025 No. 14 s 85S (sch.1-sec.98-ssec.1) This section applies if, before the commencement— a person entered into an arrangement for the carrying out of residential construction work; and the tribunal made either of the following decisions— a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and the decision was made wholly or partly because the tribunal considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work. (sch.1-sec.98-ssec.2) A consumer for the residential construction work affected by the decision may, within 6 months after the commencement, apply to the tribunal, under the QCAT Act , section 138 , to reopen the proceeding for which the decision was made (the reopening application ). (sch.1-sec.98-ssec.3) The QCAT Act , section 138 (2) does not apply to the reopening application. (sch.1-sec.98-ssec.4) Despite the QCAT Act , section 139 (4) , the tribunal may grant the reopening application if the tribunal considers— subsection (1) (c) applies to the decision; and the decision may not have been made if the arrangement had complied with the essential requirements for a contract for the carrying out of the residential construction work. (sch.1-sec.98-ssec.5) The QCAT Act , section 140 , applies in relation to hearing and deciding the issues in the reopened proceeding as if the tribunal had decided the proceeding should be reopened under section 139 of that Act. (sch.1-sec.98-ssec.6) Subject to subsections (2) to (5) , the QCAT Act , chapter 2 , part 7 , division 7 applies in relation to reopening the proceeding and hearing and deciding the issues in the proceeding. - (a) a person entered into an arrangement for the carrying out of residential construction work; and - (b) the tribunal made either of the following decisions— (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and - (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; - (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and - (c) the decision was made wholly or partly because the tribunal considered the arrangement did not comply with the essential requirements for a contract for the carrying out of the work. - (i) a decision to disallow a claim for the work under the statutory insurance scheme wholly or in part; - (ii) a decision to the effect that the arrangement could not be validly terminated under the statutory insurance scheme; and - (a) subsection (1) (c) applies to the decision; and - (b) the decision may not have been made if the arrangement had complied with the essential requirements for a contract for the carrying out of the residential construction work.