Queensland Civil and Administrative Tribunal Act 2009
sec.260Effect of court’s decision in appeal
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sec.260 Effect of court’s decision in appeal
This section applies to an appeal to which section 258 or 259 applies. The court’s decision in the appeal must be dealt with in the way the court’s decision would have been dealt with under the former Act if it were still in force. If the court’s decision in the appeal is to remit the matter to the former tribunal, with or without directions— the court must remit the matter to QCAT; and QCAT must deal with the matter under the former Act as if it were still in force. For subsection (3) — QCAT has, and only has, the functions of the former tribunal; and QCAT can, and can only, make a decision the former tribunal could have made in relation to the matter under the former Act. For subsections (2) to (4) , the former Act, and other relevant laws, continue to have effect as if they were still in force. (sec.260-ssec.1) This section applies to an appeal to which section 258 or 259 applies. (sec.260-ssec.2) The court’s decision in the appeal must be dealt with in the way the court’s decision would have been dealt with under the former Act if it were still in force. (sec.260-ssec.3) If the court’s decision in the appeal is to remit the matter to the former tribunal, with or without directions— the court must remit the matter to QCAT; and QCAT must deal with the matter under the former Act as if it were still in force. (sec.260-ssec.4) For subsection (3) — QCAT has, and only has, the functions of the former tribunal; and QCAT can, and can only, make a decision the former tribunal could have made in relation to the matter under the former Act. (sec.260-ssec.5) For subsections (2) to (4) , the former Act, and other relevant laws, continue to have effect as if they were still in force.
- (a) the court must remit the matter to QCAT; and
- (b) QCAT must deal with the matter under the former Act as if it were still in force.
- (a) QCAT has, and only has, the functions of the former tribunal; and
- (b) QCAT can, and can only, make a decision the former tribunal could have made in relation to the matter under the former Act.