Queensland Civil and Administrative Tribunal Act 2009
sec.252Existing final decisions of a former tribunal
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sec.252 Existing final decisions of a former tribunal
A final decision of a former tribunal in a proceeding made before the commencement— is taken to be a final decision of QCAT; and this Act, and any relevant enabling Act, applies to the decision as if it were a final decision of QCAT. Section 271 provides for decisions of former tribunals made in relation to a matter that has not been heard and decided at the commencement. However, subsection (1) (b) does not authorise QCAT to deal with a final decision of the former tribunal in a way that is inconsistent with the former Act under which the decision was made. If, under a former Act, a person has applied to a former tribunal to deal with a final decision of the former tribunal and the application has not been heard at the commencement— the application is taken to be an application made to QCAT under this Act; and in hearing the application, QCAT has, and only has, the functions of the former tribunal under the former Act. Without limiting subsection (1) , (2) or (3) , a reference in an Act to a final decision of QCAT is taken to include a reference to a final decision of a former tribunal taken to be a final decision of QCAT under subsection (1) . In this section— deal with , a final decision, includes— amend or correct the decision; and revoke the decision. (sec.252-ssec.1) A final decision of a former tribunal in a proceeding made before the commencement— is taken to be a final decision of QCAT; and this Act, and any relevant enabling Act, applies to the decision as if it were a final decision of QCAT. Section 271 provides for decisions of former tribunals made in relation to a matter that has not been heard and decided at the commencement. (sec.252-ssec.2) However, subsection (1) (b) does not authorise QCAT to deal with a final decision of the former tribunal in a way that is inconsistent with the former Act under which the decision was made. (sec.252-ssec.3) If, under a former Act, a person has applied to a former tribunal to deal with a final decision of the former tribunal and the application has not been heard at the commencement— the application is taken to be an application made to QCAT under this Act; and in hearing the application, QCAT has, and only has, the functions of the former tribunal under the former Act. (sec.252-ssec.4) Without limiting subsection (1) , (2) or (3) , a reference in an Act to a final decision of QCAT is taken to include a reference to a final decision of a former tribunal taken to be a final decision of QCAT under subsection (1) . (sec.252-ssec.5) In this section— deal with , a final decision, includes— amend or correct the decision; and revoke the decision.
- (a) is taken to be a final decision of QCAT; and
- (b) this Act, and any relevant enabling Act, applies to the decision as if it were a final decision of QCAT.
- (a) the application is taken to be an application made to QCAT under this Act; and