sec.275Inconsistencies and other difficulties

sec.275 Inconsistencies and other difficulties

If a provision of this Act or an enabling Act is inconsistent with QCAT’s ability to perform a function under a former Act in relation to the proceeding, for the purpose of performing the function to the fullest extent practicable QCAT may disregard the inconsistent provision. Without limiting subsection (1) , to the extent that this Act or an enabling Act does not provide or sufficiently provide for the transition from the application of the former Act to the application of this Act to the proceeding, QCAT has all necessary or convenient powers to provide for the transition, including by making an order or giving a direction about QCAT’s practices, procedures or powers in relation to the proceeding. In making an order or giving a direction under subsection (2) , QCAT must, so far as is practicable, ensure the order or direction does not cause prejudice or detriment to a party and causes the least inconvenience to QCAT and the parties. An order under subsection (2) has effect despite any Act or law. QCAT may make an order or give a direction under subsection (2) on the application of a party to the proceeding or on its own initiative. QCAT’s powers under subsection (2) are exercisable only by a judicial member. (sec.275-ssec.1) If a provision of this Act or an enabling Act is inconsistent with QCAT’s ability to perform a function under a former Act in relation to the proceeding, for the purpose of performing the function to the fullest extent practicable QCAT may disregard the inconsistent provision. (sec.275-ssec.2) Without limiting subsection (1) , to the extent that this Act or an enabling Act does not provide or sufficiently provide for the transition from the application of the former Act to the application of this Act to the proceeding, QCAT has all necessary or convenient powers to provide for the transition, including by making an order or giving a direction about QCAT’s practices, procedures or powers in relation to the proceeding. (sec.275-ssec.3) In making an order or giving a direction under subsection (2) , QCAT must, so far as is practicable, ensure the order or direction does not cause prejudice or detriment to a party and causes the least inconvenience to QCAT and the parties. (sec.275-ssec.4) An order under subsection (2) has effect despite any Act or law. (sec.275-ssec.5) QCAT may make an order or give a direction under subsection (2) on the application of a party to the proceeding or on its own initiative. (sec.275-ssec.6) QCAT’s powers under subsection (2) are exercisable only by a judicial member.