Working with Children Check Act 2000
sec.565Existing right of appeal by chief executive against QCAT decision
Start here
Get a plain-English read of sec.565
Turn the raw legal text into a practical explanation grounded in Working with Children Check Act 2000.
sec.565 Existing right of appeal by chief executive against QCAT decision
This section applies if— a person is a new disqualified person; and before the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and on the commencement, the time for starting the appeal had not ended. The chief executive may start an appeal under the amended Act even though the person is a disqualified person. The court or tribunal hearing an appeal started under subsection (2) must apply the amended Act in relation to the subject matter of the appeal. In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision. s 565 ins 2019 No. 18 s 66 (sec.565-ssec.1) This section applies if— a person is a new disqualified person; and before the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and on the commencement, the time for starting the appeal had not ended. (sec.565-ssec.2) The chief executive may start an appeal under the amended Act even though the person is a disqualified person. (sec.565-ssec.3) The court or tribunal hearing an appeal started under subsection (2) must apply the amended Act in relation to the subject matter of the appeal. (sec.565-ssec.4) In deciding the appeal, the court or tribunal must consider that, if the person was a disqualified person when the chief executive made the chapter 8 reviewable decision, the person would not have been permitted to apply for a review of the chapter 8 reviewable decision.
- (a) a person is a new disqualified person; and
- (b) before the commencement, the chief executive had a right to appeal, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision about the person; and
- (c) on the commencement, the time for starting the appeal had not ended.