sec.257Other proceeding

sec.257 Other proceeding

This section applies to an existing tribunal proceeding that is not a pending proceeding. At the commencement, the proceeding is taken to be a proceeding before QCAT. QCAT has jurisdiction to deal with the matter the subject of the proceeding under this Act. QCAT must be constituted by the persons who constituted the former tribunal immediately before the commencement and, for that purpose, any of the persons who are not members of QCAT (or have not become members under section 263 ) are taken to be members of QCAT for the duration of the proceeding. A person taken to be a member of QCAT under subsection (4) is entitled to be paid the remuneration and allowances the person was entitled to under the former Act under which the former tribunal was constituted for the duration of the proceeding. If, for any reason, a person who constituted the former tribunal is unable to perform functions in the proceeding, the president must reconstitute QCAT by replacing the person with another member. if the person is ill or otherwise becomes unavailable Chapter 2 , part 8 does not apply to a decision of QCAT in the proceeding, including a decision of the former tribunal taken to be a decision of QCAT in the proceeding under section 271 (4) . However, a person may appeal to a court against the decision if, under the former Act, the person could have appealed to the court against the decision if it had been made by the former tribunal. An appeal under subsection (8) must be made within the period and in the way the appeal was required to be made under the former Act. (sec.257-ssec.1) This section applies to an existing tribunal proceeding that is not a pending proceeding. (sec.257-ssec.2) At the commencement, the proceeding is taken to be a proceeding before QCAT. (sec.257-ssec.3) QCAT has jurisdiction to deal with the matter the subject of the proceeding under this Act. (sec.257-ssec.4) QCAT must be constituted by the persons who constituted the former tribunal immediately before the commencement and, for that purpose, any of the persons who are not members of QCAT (or have not become members under section 263 ) are taken to be members of QCAT for the duration of the proceeding. (sec.257-ssec.5) A person taken to be a member of QCAT under subsection (4) is entitled to be paid the remuneration and allowances the person was entitled to under the former Act under which the former tribunal was constituted for the duration of the proceeding. (sec.257-ssec.6) If, for any reason, a person who constituted the former tribunal is unable to perform functions in the proceeding, the president must reconstitute QCAT by replacing the person with another member. if the person is ill or otherwise becomes unavailable (sec.257-ssec.7) Chapter 2 , part 8 does not apply to a decision of QCAT in the proceeding, including a decision of the former tribunal taken to be a decision of QCAT in the proceeding under section 271 (4) . (sec.257-ssec.8) However, a person may appeal to a court against the decision if, under the former Act, the person could have appealed to the court against the decision if it had been made by the former tribunal. (sec.257-ssec.9) An appeal under subsection (8) must be made within the period and in the way the appeal was required to be made under the former Act.