JAG-#2306003-v2-QCAT_Annual_Report

Annual Report 2012-13

About our annual report

The Queensland Civil and Administrative Tribunal’s annual report summarises its

financial and corporate performance for 2012-13 and meets accountability

requirements under the Queensland Civil and Administrative Tribunal Act 2009.

This annual report can be accessed online at http://www.qcat.qld.gov.au/about-

qcat/publications/qcat-annual-report-2012-13.

ISSN1838-2746.

This annual report is licensed by the State of Queensland (Queensland Civil and

Administrative Tribunal) under a Creative Commons Attribution (CC BY) 3.0 Australia

licence, available at http://creativecommons.org/licences/by/3.0/au/deed.en.

Content from this report may be copied for use, and attributed to the State of

Queensland (Queensland Civil and Administrative Tribunal Annual Report 2012-13).

Web: www.qcat.qld.gov.au

Phone: 1300 753 228

Email: [email protected].au

In person: Level 9, 259 Queen Street, Brisbane

Post: GPO Box 1639, Brisbane, 4001

Interpreter services

The Queensland Government is committed to providing accessible

services to Queenslanders from all culturally and linguistically diverse

backgrounds. If you have difficulty in understanding the annual report,

you can contact us on 1300 753 228 and we will arrange an interpreter

to effectively communicate the report to you.

QCAT Annual Report 2012-13 | page 3

30 September, 2013

The Honourable Jarrod Bleijie MP

Attorney-General and Minister for Justice

State Law Building

Brisbane Qld 4000

Dear Attorney

I am pleased to present the Annual Report 2012-13 for the Queensland Civil and

Administrative Tribunal (QCAT).

I certify that this annual report complies with:

• the Queensland Civil and Administrative Tribunal’s requirements under the

Queensland Civil and Administrative Tribunal Act 2009,

• the prescribed requirements of the Financial Accountability Act 2009 and the

Financial and Performance Management Standard 2009, and

• the detailed requirements set out in the Annual report requirements for Queensland

Government agencies.

A checklist outlining the annual reporting requirements can be found in Appendix 5 of this

document.

Yours sincerely

Justice Alan Wilson

President

QCAT Annual Report 2012-13 | page 4

Table of contents

Message from the President 5

Message from the Executive Director 8

Our achievements and priorities 10

Cutting red tape 11

Our year 12

About us 14

Our tribunal members and adjudicators 16

How we resolve disputes 19

The QCAT registry 20

Alternative Dispute Resolution division 22

Civil, Administrative and Disciplinary division 23

Human Rights division 27

Minor civil disputes 31

QCAT Justice of the Peace trial 34

Operations support 36

Client services 37

Making connections 38

Our governance 41

Our financial performance 43

Glossary and abbreviations 44

Appendix 1 – Member appointments 46

Appendix 2 – Tree assessor appointments 49

Appendix 3 – Justice of the Peace trial appointments 49

Appendix 4 – QCAT practice directions 51

Appendix 5 – Compliance checklist 52

List of figures

Figure 1: QCAT organisational structure 2012-13 15

Figure 2: QCAT process from application to resolution 19

List of tables

Our workload and outcomes 12

Outcomes by jurisdiction 12

Alternative dispute resolution settlements 13

Two-year financial summary 13

CAD facts and figures 25

HuRD facts and figures 28

MCD facts and figures 31

QCAT Annual Report 2012-13 | page 5

Message from the President

This is my last report after four years as QCAT President. I assumed the role following the

untimely death of the tribunal’s first appointed President, Justice Peter Dutney, shortly

before QCAT was to begin operations on 1 December 2009.

The past four years have been exciting, and rewarding. QCAT has, I venture, established

itself as a valuable element in the pantheon of dispute resolution bodies in Queensland and

met its statutory remit – to be just and fair across a vast array of diverse jurisdictions, and to

be speedy and inexpensive.

Judges often take office with, in truth, little experience in practical administration and the

proper functioning of organisations. Certainly, I am conscious of the many mistakes I have

made. It is proper to acknowledge and thank those who have tried to divert me from error,

and provided advice and support.

Close dealings and relations with the current Attorney-General, the Honourable Jarrod

Bleijie MP, and his predecessors and departmental officers at all levels have been

necessary. I am grateful for their assistance, courtesy and support in times which have

often been extremely busy and, for me, novel. The Department of Justice and Attorney-

General’s former Deputy Director-General Terry Ryan (now State Coroner and a Magistrate)

had departmental oversight of QCAT since its inception and is entitled to share the credit for

its successes.

Chief Justice the Honourable Paul de Jersey AC, Senior Judge Administrator Justice John

Byrne AO, Chief Judge Patsy Wolfe, Chief Magistrate Judge Brendan Butler AM and my

fellow judges and magistrates have been supportive and kind. I have been, of necessity, an

absentee judge vis a vis my court but the Chief Justice has been both tolerant and

unfailingly helpful when I needed advice or guidance and the benefit of his long experience

at the head of Queensland’s courts.

By design, a good proportion of the work in the tribunal’s major jurisdiction, minor civil

disputes, is still undertaken by magistrates throughout Queensland. I am grateful to them

for their continued performance of this work, effectively and in good spirit. I have

necessarily maintained close relations with the Chief Magistrate and acknowledge his

generous and unfailing support and assistance.

The success of QCAT is its people. From the first we – its members and adjudicators and

staff – shared a view about the way the tribunal should do its work which reflected what we

perceived had been asked of us by Queenslanders, in the QCAT Act. It has been rewarding

to embark upon the task of converting that understanding into concrete form with members

and public servants who quickly grasped the principles behind it and who have striven to

make it work.

The tribunal has had two outstanding Deputy Presidents - Judges Fleur Kingham and Sandy

Horneman-Wren. In the first year, when QCAT’s workload was some 40 per cent greater

than anticipated, Judge Kingham epitomised grace under pressure. Judge Horneman-

Wren, newly appointed to the Bench when he assumed the office, quickly attracted respect

and affection within and outside the tribunal and has effectively taken up this demanding

position.

QCAT’s senior, permanent and sessional members, and adjudicators have shared the

excitement of setting up and establishing a brand new thing. The volume of tribunal work

has meant that they have had to learn how a new and large institution can function

effectively in circumstances that were often very busy and demanding. Their enthusiasm,

intelligence, hard work and good spirits have helped forge a pleasing bond of collegiality

within the organisation and been invaluable to its effective operation.

Senior members Clare Endicott, Kerrie O’Callaghan, Richard Oliver and Peta Stilgoe have

taken an active role in the leadership and management of the tribunal (in particular, the

QCAT Annual Report 2012-13 | page 6

supervision of QCAT’s many lists and the scheduling, training and mentoring of members

and adjudicators) and I am grateful for their support.

Permanent and sessional members, adjudicators and, more recently, JPs have brought a

range of valuable professional and life experience, as well as personal interest and

enthusiasm, to their work. Senior and permanent members and adjudicators have been

generous in sharing that experience, helping with committees and training their fellows.

Sessional members have helped QCAT establish itself throughout Queensland and, despite

the tyranny of distance, have worked to develop and apply new skills which have been

central to the tribunal – in particular, its widespread use of alternative dispute resolution and

compulsory conferences (and, latterly, hybrid hearings) as early dispute resolution tools.

QCAT’s Executive Director Mary Shortland has brought order, logic and efficiency to what

were, at least in the tribunal’s early days, very demanding circumstances. Her leadership

and managerial skills have had a profound effect on the organisation and she (and her staff)

must take much of the credit for its efficient operation. That efficiency has meant, for

example, that despite the need for the tribunal to absorb new jurisdictions, and budgetary

and resource constraints, the average cost to Queenslanders of each and every QCAT

matter to be finalised has fallen from $714 in 2010 to $619 in 2013.

The tribunal’s Principal Registrar Louise Logan has brought a high level of legal ability and

intelligence to her role. Despite the many and diverse jurisdictions covered by QCAT, she

has managed to ensure it operates within correct legal frameworks and in ways that reflect

the exhortations towards speed and efficiency espoused in the QCAT Act.

Public servants are sometimes spoken of in disparaging terms involving accusations of, in

effect, a languorous approach to their work. My dealings at every level within QCAT and the

Department of Justice and Attorney-General belie that accusation. From the first, QCAT’s

staff showed enthusiasm to understand the new dispensation created by the Act, to ensure

matters did not languish, and to help the 60,000 or so Queenslanders who seek assistance

from them each year – usually without legal representation. The nature of the tribunal’s

business – dispute resolution – is often fraught with tension and unhappiness and heavy

demands are placed upon staff to provide assistance and even comfort to clients. In the last

four years I have had countless occasions to be impressed by the dedication, patience,

intelligence and diligence of QCAT staff at every level.

The past year has seen the tribunal cement its neighbourhood disputes jurisdiction and

identify and train over 100 justices of the peace (JPs) for the Justice of the Peace Pilot

Program, under which JPs assist in the adjudication of certain minor civil disputes. The

program’s successful implementation exemplifies QCAT’s ability – consonant with its

general obligations under the QCAT Act to be quick and efficient – to meet new demands,

effect rapid change and implement new practices.

The coming calendar year will be one of transition and further change for the tribunal. The

terms of its president along with many senior, permanent and sessional members and

adjudicators and its executive director will end. It is vital that the knowledge and experience

gained in QCAT’s first term be preserved, and that its work is not diverted or distracted by

any uncertainty around reappointment. Under the QCAT Act reappointment need not await

the expiration of a member’s term and the risk of losing members, adjudicators and staff

whose reappointment is desirable can be allayed by early and timely steps.

At the time of writing, the QCAT three-year review required under s 240 of the Act yet awaits

completion. Two matters which I expect will be addressed in it warrant comment. The first

is the QCAT internal appeal tribunal. While the appellate work it has attracted has added

greatly to the burdens of members it remains, in my respectful view, a useful and successful

arm of the tribunal. It allows parties an opportunity to have decisions in their cases quickly

and inexpensively reviewed by an appellate tribunal within QCAT, saving costs for them, the

courts and the State while enhancing what is invariably now called ‘access to justice’. The

term has, however, a real and important meaning when what is involved is the ability of

Queenslanders to find and use dispute resolution bodies like QCAT and, in the context of

QCAT Annual Report 2012-13 | page 7

the appeal tribunal, to be provided with an easy (and easily found, and used) mechanism to

have judgments reviewed if they feel they have been denied a just outcome.

The second concerns pressure to increase opportunities for parties to be legally

represented. The tribunal operates in a largely costs-free environment and under a statutory

obligation to ensure that self-represented parties understand its practices and procedures

and the issues in the proceedings in which they are involved. I have had the advantage

over the past four years of seeing every complaint against a QCAT member or adjudicator

as well as a large number of appeals. It is compelling – from the low proportion of

complaints, or appeals – that the tribunal’s decision makers have developed considerable

skill in ensuring that unrepresented parties do understand the issues in their cases and are

aided to ensure that they present their own effectively, and that outcomes are just. I do not

doubt the assistance lawyers can and have provided in many of the more than 100,000

cases QCAT has now determined; my residual concern is that it remains accessible to

unrepresented parties.

This report has many pleasing aspects. In 2012-13 the tribunal achieved a clearance rate of

its matters of 109 per cent, which is 13 per cent better than the previous year and 14 per

cent above its annual target. The results in some jurisdictions like anti-discrimination (135

per cent) and building (126 per cent) may, without exaggeration, be described as stellar. In

minor civil disputes, the tribunal’s busiest and most demanding jurisdiction, the result was a

highly creditable 113 per cent. These pleasing results arise, too, in the face of new

demands like neighbourhood disputes where the number of applications leapt up by 78 per

cent.

As part of its ground-breaking work with the International Courts/Tribunals Excellence

Program (through which legal dispute resolution bodies like QCAT measure performance

against a wide range of criteria and engage in detailed and critical self-analysis) we also

know that satisfaction levels amongst our major stakeholders have increased from 67 to 75

per cent and, amongst parties themselves, from 71 to 74 per cent.

The last figure is particularly pleasing. In a body like a tribunal or a court it is customary to

expect that about half of all parties – the 50 per cent who failed to get a decision in their

favour – may be disgruntled with the outcome. The fact that almost three-quarters of parties

coming to the tribunal are content that they received a fair hearing and accept the result

reflects well upon the members and adjudicators who presided over their matters and the

staff with whom they dealt.

It has been an honour to be part of QCAT in its first, formative years. I leave with abiding

respect and affection for its people and gratitude for their devotion to its success.

Justice Alan Wilson

President

September 2013

QCAT Annual Report 2012-13 | page 8

Message from the Executive Director

The 2012-13 year has been one of ongoing achievement for QCAT with success reflected

by improvements in service delivery across a number of jurisdictions and areas.

Statistics collated throughout the tribunal reflect how busy the year has been on a day-to-

day basis, while also demonstrating how accessible and integral we are in providing dispute

resolution services to Queenslanders.

Achievements

Registry staff, tribunal members and adjudicators have put in a wonderful effort to help

achieve an overall clearance rate of 109 percent against a 95 per cent target. The delivery

of these results comes from combined efforts in all areas that have seen more than 28,000

matters lodged and 31,000 finalised, management of more than 98,000 calls to the QCAT

1300 number and the processing of 10,654 requests for searches of tribunal records.

Improvements in performance over the preceding year were seen across nearly all

jurisdictions, with most delivering clearance rates above 100 per cent.

It has been great to see that our continued and unremitting efforts to meet the expectations

of our clients (regardless whether coming before the tribunal delivered the outcome they

hoped for) continues to show rewards. Our client satisfaction results are evidence of this,

with a 3 per cent increase over last year to 74 per cent – an extremely positive result, in light

of resource and staffing constraints.

Feedback from our major stakeholders has also been positive, with a satisfaction rating of

75 per cent.

As the Queensland Government’s Public Sector Renewal Program continues to be

implemented, the tribunal will continue to play a vital role within the judicial system by

delivering fair, quick, cost effective, and informal – but high quality – services to clients.

Efforts to improve service delivery and reduce ‘red tape’ include work to streamline and

simplify frequently used forms; initial efforts have focussed on minor civil disputes, the

tribunal’s largest jurisdiction, but will soon extend into other areas. This year we have also

managed to reduce the average cost of hearings by 7.5 per cent, down to $619 per matter.

Major initiatives this year include commencement of QCAT’s JP pilot program, where

appropriately qualified and trained JPs are appointed to hear some minor civil dispute

matters at QCAT. The trial commenced on 3 June 2013 in Brisbane, Southport,

Maroochydore and Ipswich. To date, 100 JPs have been appointed through Governor-in-

Council to hear these matters. While the pilot is an exciting opportunity to expand the role of

JPs in Queensland it also aims to reduce the cost and times of hearings, reinforcing success

already shown by the tribunal to integrate delivery of fair, quick and informal dispute

resolution services.

Another initiative worthy of mention this year has been QCAT’s efforts to increase protection

for vulnerable adults through work with the banking industry to develop guidelines for people

with impaired capacity. The guidelines, which were developed following a partnership with

the Australian Bankers Association, detail steps banking institutions take when they are

provided with an administration order or enduring power of attorney, or suspect that an adult

may be subject to financial abuse. This work is important and will deliver tangible benefits to

improve the lives of vulnerable Queenslanders.

The future

With the Queensland Government focused on a program of renewal across the public sector

to provide more efficient and effective services for Queenslanders, the tribunal will offer its

support through continued work to ensure value for money in front line services, and aim for

the highest standards of excellence.

A recommendation by the Independent Commission of Audit that greater use of ICT be

made to drive efficiencies will no doubt have positive implications for QCAT. The

QCAT Annual Report 2012-13 | page 9

Government’s goal to move court and registry services to electronic delivery within 10 years

is aligned within QCAT’s own strategic priorities and planning.

Other priorities for QCAT in the next year will include progressing and evaluating the JP trial

to determine the success of JPs hearing minor civil dispute matters at QCAT, planning for

the transition of a new President following Justice Wilson’s return to the Supreme Court in

October 2013, and responding to the outcome of QCAT’s three-year review as required

under the QCAT Act.

Particular focus will also be given to continuing improvements for alternative dispute

resolution techniques and settlement rates through mediation, and compulsory

conferencing, and review of existing services.

With the economic and fiscal challenges created by demographic and social factors such as

an ageing population, pressures upon government services will continue and QCAT’s

Human Rights division‘s efforts will necessarily be focussed, more than ever, on matters

related to guardianship and administration for adults.

Acknowledgements

As always, it is the work of our tribunal members and staff which help deliver tangible

benefits to the many Queenslanders to whom QCAT provides services.

With Justice Wilson’s departure later this year, I would like to acknowledge the leadership

and positive impact he has provided over the past four years to tribunal members and staff,

all the while bringing warmth, intellect and compassion to everyday dealings with our clients.

I know I speak for many tribunal staff in wishing him well on his return to the Bench but in

also acknowledging he will be missed.

I would also like to thank all our members, adjudicators, registry management team and staff

for your dedication and professionalism.

I look forward to continuing our work and the services we provide to you and tribunal clients

in the year ahead.

Mary Shortland

Executive Director

September 2013

QCAT Annual Report 2012-13 | page 10

Our achievements and priorities

Key achievements in 2012-13 included:

• planning, developing and starting a Justices of the Peace trial for suitably qualified and

experienced JPs to hear minor civil disputes under $5,000 in QCAT

• developing banking guidelines, in conjunction with the large banks, for people with

impaired capacity

• achieving an overall clearance rate of 109 per cent against a 95 per cent target

• reducing costs per matter by 7.5 per cent down to $619 per matter

• processing more than 28,000 matters lodged with more than 31,000 matters finalised

• increasing clearance rates above 100 per cent for minor civil disputes, building

disputes, appeals, and human rights matters related to anti-discrimination, children and

young people, guardianship and administration for adults

• reducing ‘red tape’ by streamlining and simplifying minor civil dispute forms for

residential tenancy matters

• delivering an overall client satisfaction rating of 74 per cent (against a 60 per cent

target), stakeholder satisfaction rating of 75 per cent and employee satisfaction rating

of 72 per cent

• forward management of nearly 99,000 calls to the QCAT 1300 number, processing

more than 10,650 searches and providing advice or assistance to more then 9200

clients visiting QCAT reception

• more than 1.7 million visits to the QCAT website recorded.

Priorities for 2013-14 include:

• progressing and evaluating the Justices of the Peace trial to determine the success of

JPs hearing minor civil dispute matters at QCAT

• responding to the outcome of QCAT’s three-year review as required by the Act

• planning for the transition of a new tribunal President in October 2013

• ongoing improvement of alternative dispute resolution techniques to increase

settlement rates through mediation and compulsory conference proceedings, including

the reviewing of mediation services provided by the Dispute Resolution Branch

• implementing recommendations into significant reviews associated with the human

resources jurisdiction including the Carmody Inquiry into Child Protection, the

Queensland Law Reform Commission’s review into guardianship regime and a review

of the Disability Services Act related to management of people with impaired capacity

who are subject to restrictive practices.

• implementing Commission of Audit recommendations as part of DJAG’s renewal

program relevant to the tribunal

• exploring possibilities for further improving the efficiency and cost effectiveness of

QCAT operations

• continuing to engage with key stakeholders

• addressing challenges relating to resourcing, people and processes.

*NOTE: clearance rate = number of matters finalised

number of lodgements x 100

QCAT Annual Report 2012-13 | page 11

Cutting red tape

QCAT is committed to supporting Queensland Government reforms for the benefit of

business and the community by reducing red tape and regulation.

The tribunal is helping streamline services and the provision of information to clients by

implementing a progressive review of QCAT forms to make them simpler to use, more user

friendly and accessible.

During 2012-13 this work included development or review of three minor civil dispute forms:

• Form 2 – Residential tenancy – which has been reduced to 3 pages from 14

• Application for minor civil dispute – minor debt, and

• Application to set aside or amend default decision.

Work on forms anticipated to be completed early in 2013-14 includes:

• Application for minor civil dispute dividing fences, and

• Application for consent for special health care.

Ongoing work in the next 12 months will target additional forms that have been identified as

priorities for review.

QCAT Annual Report 2012-13 | page 12

Our year

Our workload and outcomes*

2010-11 2011-12 2012-13

Cases lodged 30,032

29,832

28,321

Cases finalised 28,177

28,559

31,001

Cases pending 6874

8147

5467

Overall clearance rate 94%

96%

109%

Table 1: Lodgements, finalisations, pending cases and clearance rates 2010

Table 1: Lodgements, finalisations, pending cases and clearance rates 2010Table 1: Lodgements, finalisations, pending cases and clearance rates 2010

Table 1: Lodgements, finalisations, pending cases and clearance rates 2010-

-11, 2011

11, 201111, 2011

11, 2011-

-12

12 12

and 2012

and 2012and 2012

and 2012-

-13

1313

*NOTE: 2011-12 figures adjusted to reflect amendments to finalisations.

Outcomes by jurisdiction

Lodgements Clearance rates

2011-12 2012-13 2011-12 2012-13

Human rights

Anti-discrimination 147

108

110%

135%

Children 236

237

111%

100%

Guardianship 9701

9746

101%

104%

Civil

Building 409

329

93%

126%

Retail shop leases 151

130

73%

115%

Minor civil disputes 17,414

16,070

95%

113%

Other civil disputes 138

118

100%

141%

Neighbourhood

disputes

152

270

22%

80%

Administrative and disciplinary

General administrative

review

452

400

89%

107%

Occupational

regulation

408

376

80%

93%

Appeals, reopenings and renewals

Appeals 454

522

91%

103%

Reopenings 15

120%

114%

Renewals 1

300%

100%

Table 2: Lodgements and clearance rates 2011

Table 2: Lodgements and clearance rates 2011Table 2: Lodgements and clearance rates 2011

Table 2: Lodgements and clearance rates 2011-

-12 and 2012

12 and 201212 and 2012

12 and 2012-

-13

1313

QCAT Annual Report 2012-13 | page 13

Alternative dispute resolution settlements

2010-11 2011-12 2012-13

Mediation settlement

rate in minor civil

disputes*

46% 45% 44%

Mediation settlement

rate in non-minor

civil disputes

60% 62% 52%

Other compulsory

conferences

N/A 50% 53%

Table 3: Alternative dispute resolution settlement rates 2010

Table 3: Alternative dispute resolution settlement rates 2010Table 3: Alternative dispute resolution settlement rates 2010

Table 3: Alternative dispute resolution settlement rates 2010-

-11 to 2012

11 to 201211 to 2012

11 to 2012-

-13

1313

*Matters mediated by the Department of Justice and Attorney-General’s Dispute Resolution Branch on behalf of

QCAT.

Two-year financial summary

12 months ($m) 2011-12 2012-13

Income

Appropriations 16.2 17.0

User charges 2.8 2.6

Total income

19.0 19.6

Expenditure

Salaries to staff 9.2 8.8

Member costs 5.8 6.1

Property costs 2.8 2.9

Overheads 1.2 1.4

Justice of the Peace

project#

0.0 0.4

Total expenditure 19.0 19.6

Table 4: Two

Table 4: TwoTable 4: Two

Table 4: Two-

-year financial summary

year financial summary year financial summary

year financial summary

#Justice of the Peace project commenced in June 2013

QCAT Annual Report 2012-13 | page 14

About us

The Queensland Civil and Administrative Tribunal (QCAT) is

established under the Queensland Civil and Administrative Tribunal

Act 2009.

The tribunal began operations on 1 December 2009, amalgamating

18 tribunals and 23 jurisdictions into one.

QCAT operates as a tribunal, not a court, and in keeping with

statutory requirements acts with as little formality and technicality as

possible.

Our vision

To actively resolve disputes in a way that is fair, just, accessible, quick and inexpensive.

What we do

QCAT makes decisions on a range of jurisdictions including:

• anti-discrimination matters

• building disputes

• children and young people matters

• guardianship and administration for adults

• minor civil disputes including consumer, debt and residential tenancy disputes

• other civil disputes

• occupational regulation matters including police and health professionals

• retail shop lease disputes

• tree disputes

• reviews of decisions made by government agencies and statutory authorities (review

decisions).

In certain circumstances, the Appeal Tribunal of QCAT hears appeals against decisions of

the tribunal.

Our clients

Our clients include the Queensland community, Queensland Government departments and

agencies and representatives of tribunal users. Due to QCAT’s wide-ranging jurisdictions,

the tribunal can affect a broad cross-section of the community.

Our regional services

QCAT services are delivered throughout the State in conjunction with the Magistrates Court.

Approximately half of matters are heard outside of Brisbane either by magistrates hearing

QCAT minor civil disputes or regular hearings by QCAT members.

QCAT Annual Report 2012-13 | page 15

Our organisational structure

Figure 1: QCAT organisational structure 2012-13

President

Justice Alan

Wilson

Deputy

President

Judge Alexander

Horneman-Wren

Senior Members

Clare Endicott

Kerrie O’Callaghan

Richard Oliver

Peta Stilgoe

Executive

Director

Mary Shortland

Principal

Registrar

Louise Logan

Client services

Corporate services

Minor civil disputes

Operations support

Alternative dispute resolution

Civil, administrative and disciplinary

Human rights

QCAT Annual Report 2012-13 | page 16

Our tribunal members and adjudicators

Justice Alan Wilson, President

Justice Alan Wilson, PresidentJustice Alan Wilson, President

Justice Alan Wilson, President

The app

The appThe app

The appointed President must be a Supreme Court judge who is recommended for

ointed President must be a Supreme Court judge who is recommended for ointed President must be a Supreme Court judge who is recommended for

ointed President must be a Supreme Court judge who is recommended for

appointment by the Attorney

appointment by the Attorneyappointment by the Attorney

appointment by the Attorney-

-General after consultation with the Chief Justice. The

General after consultation with the Chief Justice. The General after consultation with the Chief Justice. The

General after consultation with the Chief Justice. The

President holds office for the period of at least three years but not more than five years.

President holds office for the period of at least three years but not more than five years.President holds office for the period of at least three years but not more than five years.

President holds office for the period of at least three years but not more than five years.

Justice Alan Wilson was admitted as a barrister in 1982 and practiced at the Bar until 2001.

In the latter part of his career he undertook a great deal of mediation work and is an active

proponent of its benefits.

Justice Wilson was appointed Senior Counsel in 1999 and to the District Court of

Queensland in 2001. He was also appointed a Planning and Environment Court Judge in

2001 and a Children’s Court Judge in 2003. He transferred to Brisbane in January 2004 and

managed the lists of the Planning and Environment Court from 2004 to 2008.

Justice Wilson was simultaneously appointed to the Supreme Court and as the inaugural

President of QCAT in October 2009.

Judge Alexander Horneman

Judge Alexander HornemanJudge Alexander Horneman

Judge Alexander Horneman-

-Wren

WrenWren

Wren

The Deputy President must be a District Court judge recommended for appointment b

The Deputy President must be a District Court judge recommended for appointment bThe Deputy President must be a District Court judge recommended for appointment b

The Deputy President must be a District Court judge recommended for appointment by

y y

the Minister after consultation with the Chief Judge. The Deputy President holds office for

the Minister after consultation with the Chief Judge. The Deputy President holds office for the Minister after consultation with the Chief Judge. The Deputy President holds office for

the Minister after consultation with the Chief Judge. The Deputy President holds office for

the period of at least three years but no more than five years

the period of at least three years but no more than five yearsthe period of at least three years but no more than five years

the period of at least three years but no more than five years.

Judge Horneman-Wren has extensive experience in administrative, industrial and

employment law in both federal and state jurisdictions. He was appointed Senior Counsel in

2009, appearing before both the Court of Appeal and High Court of Australia.

Judge Horneman-Wren was sworn in concurrently as a District Court Judge and appointed

as Deputy President of QCAT in December 2012.

Senior members

Senior membersSenior members

Senior members

Members must be recommended for appointment by the Minister after advertisement of

Members must be recommended for appointment by the Minister after advertisement of Members must be recommended for appointment by the Minister after advertisement of

Members must be recommended for appointment by the Minister after advertisement of

the vacancy and consultation with the President.

the vacancy and consultation with the President. the vacancy and consultation with the President.

the vacancy and consultation with the President.

A person is eligible for appointment as a senior member only if the person:

A person is eligible for appointment as a senior member only if the person:A person is eligible for appointment as a senior member only if the person:

A person is eligible for appointment as a senior member only if the person:

•

isis

is an Australian lawyer of at least eight years standing, or

an Australian lawyer of at least eight years standing, or an Australian lawyer of at least eight years standing, or

an Australian lawyer of at least eight years standing, or

•

has in the Minister’s opinion, extensive knowledge, expertise or experience

has in the Minister’s opinion, extensive knowledge, expertise or experience has in the Minister’s opinion, extensive knowledge, expertise or experience

has in the Minister’s opinion, extensive knowledge, expertise or experience

relating to a class of matter for which functions may be exercised by the tribunal.

relating to a class of matter for which functions may be exercised by the tribunal.relating to a class of matter for which functions may be exercised by the tribunal.

relating to a class of matter for which functions may be exercised by the tribunal.

As at 30 June 2013 QCAT has four appointed senior members:

• Clare Endicott

• Kerrie O’Callaghan

• Richard Oliver

• Peta Stilgoe.

Senior member appointments are included in Appendix 1.

QCAT Annual Report 2012-13 | page 17

Members

MembersMembers

Members

A person is eligible for appointment as an ordinary member only if the person:

A person is eligible for appointment as an ordinary member only if the person:A person is eligible for appointment as an ordinary member only if the person:

A person is eligible for appointment as an ordinary member only if the person:

•

is an Australian lawyer o

is an Australian lawyer ois an Australian lawyer o

is an Australian lawyer of at least six years standing, or

f at least six years standing, or f at least six years standing, or

f at least six years standing, or

•

has in the Minister’s opinion, special knowledge, expertise or experience relating

has in the Minister’s opinion, special knowledge, expertise or experience relating has in the Minister’s opinion, special knowledge, expertise or experience relating

has in the Minister’s opinion, special knowledge, expertise or experience relating

to a class of matter for which functions may be exercised by the tribunal.

to a class of matter for which functions may be exercised by the tribunal. to a class of matter for which functions may be exercised by the tribunal.

to a class of matter for which functions may be exercised by the tribunal.

A senior member or ordinary member holds office for the period

A senior member or ordinary member holds office for the periodA senior member or ordinary member holds office for the period

A senior member or ordinary member holds office for the period of at least three years

of at least three years of at least three years

of at least three years

but not more than five years.

but not more than five years.but not more than five years.

but not more than five years.

As at 30 June 2013, QCAT has 10 ordinary members, three of who work part-time.

Member appointments are included in Appendix 1.

Sessional members

Sessional membersSessional members

Sessional members

Sessional members are ordinary members and meet the eli

Sessional members are ordinary members and meet the eliSessional members are ordinary members and meet the eli

Sessional members are ordinary members and meet the eligibility criteria outlined

gibility criteria outlined gibility criteria outlined

gibility criteria outlined

above. Most appointments are for three years.

above. Most appointments are for three years.above. Most appointments are for three years.

above. Most appointments are for three years.

As at the 30 June 2013, QCAT has 97 sessional members including five who are

concurrently part-time adjudicators.

Sessional member appointments are included in Appendix 1.

Adjudic

AdjudicAdjudic

Adjudicators

atorsators

ators

A person is eligible for appointment as an adjudicator only if the person is an Australian

A person is eligible for appointment as an adjudicator only if the person is an Australian A person is eligible for appointment as an adjudicator only if the person is an Australian

A person is eligible for appointment as an adjudicator only if the person is an Australian

lawyer of at least five years standing. An adjudicator holds office for the period of at

lawyer of at least five years standing. An adjudicator holds office for the period of at lawyer of at least five years standing. An adjudicator holds office for the period of at

lawyer of at least five years standing. An adjudicator holds office for the period of at

least three years but not more than five years.

least three years but not more than five years.least three years but not more than five years.

least three years but not more than five years.

As at 30 June 2013, QCAT has nine appointed adjudicators including seven appointed on a

part-time basis.

Adjudicator appointments are included in Appendix 1.

Tree assessors

Tree assessorsTree assessors

Tree assessors

QCAT tree assessors are appointed under the

QCAT tree assessors are appointed under the QCAT tree assessors are appointed under the

QCAT tree assessors are appointed under the Queensland Civil and Administrative

Queensland Civil and Administrative Queensland Civil and Administrative

Queensland Civil and Administrative

Tribunal Act 2009 to as

Tribunal Act 2009 to asTribunal Act 2009 to as

Tribunal Act 2009 to assist in resolving disputes under the

sist in resolving disputes under the sist in resolving disputes under the

sist in resolving disputes under the Neighbourhood Disputes

Neighbourhood Disputes Neighbourhood Disputes

Neighbourhood Disputes

(Dividing Fences and Trees) Act 2011. Trained arborists may conduct on

(Dividing Fences and Trees) Act 2011. Trained arborists may conduct on(Dividing Fences and Trees) Act 2011. Trained arborists may conduct on

(Dividing Fences and Trees) Act 2011. Trained arborists may conduct on-

-site assessment

site assessment site assessment

site assessment

for tree issues, provide written reports to the tribunal and give e

for tree issues, provide written reports to the tribunal and give efor tree issues, provide written reports to the tribunal and give e

for tree issues, provide written reports to the tribunal and give expert evidence in a

xpert evidence in a xpert evidence in a

xpert evidence in a

proceeding.

proceeding.proceeding.

proceeding.

As at 30 June 2013, 16 trained arborists provide services on a casual basis throughout

Queensland including Cairns, Hervey Bay, Gold Coast, Rockhampton, South East

Queensland and Townsville.

Aborist appointments are included in Appendix 2.

QCAT Annual Report 2012-13 | page 18

Justices of the

Justices of the Justices of the

Justices of the P

Peace

eaceeace

eace

QCAT justices of the peace have undergone specialised training and assessment before

QCAT justices of the peace have undergone specialised training and assessment before QCAT justices of the peace have undergone specialised training and assessment before

QCAT justices of the peace have undergone specialised training and assessment before

being recommended to Governor

being recommended to Governorbeing recommended to Governor

being recommended to Governor-

-in

inin

in-

-Council for appointment

Council for appointmentCouncil for appointment

Council for appointment

A person is eligible for appointment as a QCAT justice of the peace if the person is

A person is eligible for appointment as a QCAT justice of the peace if the person isA person is eligible for appointment as a QCAT justice of the peace if the person is

A person is eligible for appointment as a QCAT justice of the peace if the person is:

(a) a justice of the peace

(a) a justice of the peace(a) a justice of the peace

(a) a justice of the peace (qualified) or

(qualified) or (qualified) or

(qualified) or

(b) a justice of the peace (magistrates court) or

(b) a justice of the peace (magistrates court) or(b) a justice of the peace (magistrates court) or

(b) a justice of the peace (magistrates court) or

ustices of the ustices of the

ustices of the P

Peace

eace eace

eace C

Commissioners for

ommissioners for ommissioners for

ommissioners for

Declarations

Declarations Declarations

Declarations Act

ActAct

Act 1991

1991 1991

1991, section 19(1A) or

, section 19(1A) or, section 19(1A) or

, section 19(1A) or

(d) a lawyer who is a justice of the peace under the JPCD Act, section 4

(d) a lawyer who is a justice of the peace under the JPCD Act, section 4(d) a lawyer who is a justice of the peace under the JPCD Act, section 4

(d) a lawyer who is a justice of the peace under the JPCD Act, section 41(a).

1(a).1(a).

1(a).

A person appointed as a QCAT justice of the peace holds office for the period, of at least

A person appointed as a QCAT justice of the peace holds office for the period, of at least A person appointed as a QCAT justice of the peace holds office for the period, of at least

A person appointed as a QCAT justice of the peace holds office for the period, of at least

three

threethree

three years but not more than

years but not more than years but not more than

years but not more than five

fivefive

five years, stated in the person’s instrument of

years, stated in the person’s instrument of years, stated in the person’s instrument of

years, stated in the person’s instrument of

appointment

appointmentappointment

appointment.

As at 30 June 2013, QCAT has 100 appointed justices of the peace including 25 who are

legally qualified justices of the peace and 75 who are non-legally qualified justices of the

peace.

Justice of the peace appointments are included in Appendix 3.

QCAT Annual Report 2012-13 | page 19

How we resolve disputes

The QCAT dispute resolution process is based on active case management to achieve our

vision to actively resolve disputes in a way that is fair, just, accessible, quick and

inexpensive.

Figure 2 outlines the process for an application in the tribunal depending on the type of

matter.

Figure 2: QCAT process from application to resolution

NOTE: * For urgent residential tenancy matters (as defined under the Residential Tenancies and

Rooming Accommodation Act 2008), clients may apply directly to the tribunal. For all other residential

tenancy matters, clients must contact the Residential Tenancies Authority and participate in their

dispute resolution process before an application to the tribunal will be accepted.

Application filed*

Residential tenancy

disputes (urgent and

non-urgent matters)

Other minor civil

disputes

All other matters

Mediation

Mediation, compulsory

conference and/or

directions hearing

Hearing and decision

QCAT Annual Report 2012-13 | page 20

The QCAT registry

Our staff and structure

QCAT registry staff work with members, adjudicators and Magistrates Courts staff to deliver

tribunal services across Queensland. The QCAT registry comprises the following divisions:

• Alternative Dispute Resolution

• Civil, Administrative and Disciplinary

• Human Rights

• Client Services (incorporating minor civil disputes)

• Operations Support

• Corporate Services.

Our workforce

As at 30 June 2013, QCAT has an establishment of 111 permanent positions, 10 trainees

and four temporary Hearing Support Officers employed for the Justices of the Peace Trial.

An additional nine trainees successfully completed a Certificate III in Business

Administration during 2012-13.

Of the 111 permanent staff working in the registry, 18 are employed on part-time

arrangements. They include 77 women (69 per cent) and 34 men. (In addition, of the

tribunal’s 25 senior and ordinary members and adjudicators appointed on a full-time or part-

time basis, 44 per cent are women – refer Appendix 1).

During this reporting period, there has been a 4.4 per cent separation rate.

There were no early retirement, redundancy or retrenchment packages awarded in 2012-13.

Workforce planning, attraction and retention

QCAT is committed to attracting and retaining high-quality staff. This is achieved by

promoting strategies to support a work-life balance and management to support and

motivate staff through appropriate training and skills development in communication,

negotiation and consultation. Coaching and mentoring are essential to workforce

development and the retention of quality staff.

The tribunal is dedicated to the development and implementation of work-life balance

strategies accessible to all employees.

QCAT’s commitment to ensuring employees achieve work-life balance is demonstrated by a

number of staff participating in part-time arrangements. The provision of access to leave

arrangements and flexible working hours. QCAT also has an allocated carer’s room which

is equipped with a computer, bedding and numerous children’s activities.

QCAT Annual Report 2012-13 | page 21

Whistleblower protection

QCAT supports the DJAG’s policy to assist staff wishing to make a public interest disclosure

under the Public Interest Disclosure Act 2010. No disclosures were made by QCAT staff in

2012-13.

Governance operations

List of consultants Nil

Cost of overseas travel Nil

QCAT Annual Report 2012-13 | page 22

Alternative Dispute Resolution division

Our year

In 2012-13 the ADR division:

• delivered a 44 per cent settlement rate through DRB for mediation of minor civil

disputes

• supported delivery of a 52 per cent settlement rate for mediation of non-minor civil

dispute matters*

• improved accessibility and efficiency in services through the trial of a telephone

mediation pilot

• increased the number of QCAT mediators who have National Mediation

Accreditation

• undertook mediation of fencing disputes, as required, throughout Queensland under

the Neighbourhood Disputes Act 2011

• coordinated the decentralisation of mediations to local courts in Beenleigh,

Coolangatta and Holland Park to reduce travel requirements for parties and

decrease waiting times

• delivered mediation training to expand the skills and knowledge of staff and

mediators.

*Note: Comparative alternative dispute resolution settlement statistics are provided in Table 3.

Making connections

ADR division clients and stakeholders include members of the public involved in minor civil

disputes. DRB provides mediation services to QCAT for the mediation of minor civil

disputes on behalf of QCAT.

Looking forward

The focus of activities for the ADR division in 2013-14 includes:

• training of mediators to ensure consistent and high level mediation services for minor

civil disputes throughout Queensland

• implementing education and engagement strategies (e.g. developing information

materials) to improve outcomes and increase awareness that ADR is the principal

process within QCAT to resolve disputes

• reviewing demands and exploring further opportunities, including assessing different

mediation models, to maximise efficiency and ensure quick and informal processes

for dispute resolution

• further develop relationships with stakeholders e.g. DRB, Magistrate Courts/staff

• enhance and maintain the skills of mediators through ongoing professional

development opportunities.

The Alternative Dispute Resolution (ADR) division coordinates the delivery of

mediation services for minor civil disputes via internal mediators and the

Dispute Resolution Branch (DRB) of the Department of Justice and Attorney-

General (DJAG).

Mediation is a key element of the QCAT dispute resolution process. Mediators

can provide parties with a quick, informal, fair and cost effective resolution of

disputes.

QCAT Annual Report 2012-13 | page 23

Civil, Administrative and Disciplinary division

Our year

Our yearOur year

Our year

In 2012-13, key achievements and performance improvements of the CAD registry included:

• management of 2161 applications (excluding minor civil disputes)

• delivery of an overall clearance rate of 106 per cent, reflecting a 20 per cent increase on

2011-12

• delivery of a 126 per cent clearance rate for the building jurisdiction and 80 per cent

clearance rate for the neighbourhood dispute jurisdiction

• reducing the time taken to finalise building matters from 38 weeks to 37 weeks (> 5 per

cent efficiency on 2011-12)

• restructuring to expand experience and knowledge of the various jurisdictions and

improving case management processing to increase flexibility and efficiencies in

progressing matters to hearing

• improving the performance of the building jurisdiction by identifying single issue and

small monetary value matters that can be quickly progressed to a hearing

• refinement of hybrid hearings enabling parties to attend a hearing and a mediation on

the same day and assisting them to reach agreements on their own, rather than have

one imposed by the tribunal.

The Civil, Administrative and Disciplinary division

(CAD) manages matters

across:

•

appeals

•

body corporate and community management

•

child care

•

commercial and domestic building disputes

•

community services

•

disability services

•

fisheries

•

independent assessment - Prostitution Act 1999

•

liquor reviews

•

local government levee bank

•

manufactured homes

•

occupational regulation and disciplinary matters including teachers, health

professionals and legal practitioners

•

retail shop leases

•

retirement villages

•

right to information

•

taxation

•

transport

•

tree disputes

•

victims of crime

•

weapons

QCAT Annual Report 2012-13 | page 24

The division also delivered a 14 per cent reduction in the total number of building matters

pending through the establishment of a Building Cases Working Group to expedite

determination of building cases and improve timelines for building hearings. Reforms

included implementation of:

• “On the papers” directions to standardise directions and reduce the need for parties

to physically attend the tribunal

• requirements for parties to exchange submissions, evidence and lists of defects as

soon as possible after the commencement of the matter

• listing disputes for compulsory conferencing, mediation or hybrid hearing at the

earliest possible dates.

The most significant increase within the division has been in the number of neighbourhood

dispute applications received with a 78 per cent increase in lodgements recorded.

Making connections

The division has a wide and varied client background, engaging with homeowners in relation

to building or tree disputes, victims of crime, manufactured home park and retirement village

residents and professionals across a number of occupational groups including motor

dealers, property agents, teachers, health and legal practitioners.

Active engagement has been undertaken and strong working relationships maintained with

key stakeholders including the Building Services Authority, Legal Services Commissioner,

Australian Health Practitioners Regulatory Authority and Queensland Police Service.

Looking forward

In 2012-13 the division will focus on:

• further diversification of jurisdictions across the registry

• ongoing review and refinement of registry processes to deliver further efficiencies

• monitoring tree dispute applications and improving services to meet increasing

demands

• review and provision of education materials to help parties understand their

obligations in a dispute

• legislative review across a number of jurisdictions

• professional development of registry case managers to improve case management

and service delivery

• working with the Queensland Building Services Authority to implement

recommendations following a review of the Authority’s functions by the Queensland

Parliamentary Committee’s Transport, Housing and Local Government committee.

QCAT Annual Report 2012-13 | page 25

QCAT in action: Laws protect deposits for intended property purchases

A man wanting to purchase a property made two financial deposits – one into a trust account

for the real estate agent selling the property and a second later receipted by the principal

licensee of the agency. About two weeks later, the man’s solicitor notified the property

owner’s solicitor that the contract was being terminated because of issues identified during

due diligence investigations.

A cheque issued by the real estate agent to the intended purchaser was dishonoured after

being deposited. Under the Property Agents and Motor Dealers Act 2000 (PADMA) a refund

for financial loss was required to be paid by the licensee to the proposed buyer within 14

days of a written request.

A claim made by the purchaser against the PAMDA Claim Fund for financial loss was

supported.

The tribunal found the purchaser had suffered financial loss, was entitled to be paid from the

fund and the licensee and agency were jointly liable for that financial loss.

CAD facts and figures

* New jurisdiction introduced in November 2011.

# QCAT introduced new benchmarks for all lists within 2012-13.

Table

Table Table

Table 5

5: Civil and disciplinary division matters times to finalisation

: Civil and disciplinary division matters times to finalisation : Civil and disciplinary division matters times to finalisation

: Civil and disciplinary division matters times to finalisation

List

Benchmark # Average weeks to

finalise

(2012)

Average weeks to

finalise

(2013)

Building/Building Services

Authority (BSA)

38 37

Occupational regulation –

excluding BSA/health/legal

42 31

General administrative

review –

excluding BSA / health

28 21

Health

45 61 54

Legal

40 64 51

Neighbourhood *

20 16 28

QCAT Annual Report 2012-13 | page 26

QCAT in action: Hor

se trainer’s licence reinstated

Pre-race sampling revealed evidence that a prohibited substance had been given to a

competition racehorse.

Following an enquiry by racing stewards, the horse’s trainer was found guilty of breaching

Australian Harness Racing rules and disqualified from holding a training licence for six

months. The trainer came to QCAT seeking a review of the disciplinary action.

Subsequent expert investigations found the presence of the prohibited substance was

probably due to the horse being given a supplement prior to the race and that supplement

packaging failed to indicate the likelihood of any adverse effects on the horse.

Independent expert evidence supported the tribunal’s finding that there was an explanation

for the prohibited substance being present.

The tribunal determined the trainer could not be personally blamed and as a result, that the

steward’s decision be set aside and no penalty be imposed on the trainer

QCAT in action: Arborist’s review helps settle tree dispute

A Bridgeman Downs resident whose property was affected by overhanging branches from

a large tree on a neighbour’s property came to the tribunal seeking orders for the tree to be

removed. The neighbours had been unable to reach an agreement informally or through

alternative dispute resolution, as allowed under the Neighbourhood Disputes (Dividing

Fences and Trees) Act 2011.

A qualified arborist appointed by the tribunal to assess the tree found it to be lopsided,

branches were at risk of breaking or the tree falling over during strong wind or storms, it

was too large for its location, nor could it be safely pruned.

Expert evidence and opinion provided by the arborist helped the tribunal in determining

that the owner of the property on which the tree was located had to remove it and resulting

debris within 30 days of being ordered to do so.

QCAT Annual Report 2012-13 | page 27

Human Rights division

Our year

Key achievements for 2012-2013 include:

• work with the Australian Banking Association to develop banking industry guidelines

for people with impaired capacity. The guidelines detail steps banking institutions

take when provided with an administration order, enduring power of attorney or

suspect the adult may be subject to financial abuse

• continuing with the provision of hearings in South-East Queensland hospitals to

deliver more efficient hearings and better outcomes for vulnerable Queenslanders

and their families

• introduction of quarterly training for staff in the HuRD registry with focus on the

protective jurisdiction

• launching client service standards for human rights matters to compliment the

tribunal’s customer service charter

• introducing new procedures and policies to provide and examine administration

accounts of private administrators to significantly reduce timelines for administration

account checks.

Making connections

The division provides services to vulnerable and disadvantaged people throughout society

including children, adults with impaired capacity and people alleging discrimination,

harassment, vilification and victimisation.

As part of its case management, the division actively works with families, carers and support

people involved in matters.

Meetings have been regularly undertaken with key government and non-government

stakeholders to share and discuss information and issues relevant to the sector and improve

QCAT liaison processes. Stakeholders include the Department of Communities, Child Safety

and Disability Services, the Commission for Children and Young People and Child Guardian,

Anti-Discrimination Commission Queensland, the Office of the Adult Guardian, the Public

Trustee of Queensland, independent advocacy groups and non-government organisations.

Looking forward

In 2013-14, the division will focus on implementing recommendations in relation to several

significant reviews including:

• the Queensland Law Reform Commission’s review into guardianship regime

• a review of the Disability Services Act 2006 relating to people with impaired capacity

who are subject to restrictive practices and

• the Carmody Inquiry into Child Protection

The Human Rights Division (HuRD) manages:

• guardianship and administration for adults

• anti-discrimination

• children and young people matters and

• education matters.

QCAT Annual Report 2012-13 | page 28

In addition, the division will continue to monitor and address issues related to a potential

increase in guardianship applications as elder abuse reporting becomes more prevalent.

HuRD facts and figures

Lodgements Clearance rates

2011-12 2012-13 2011-12 2012-13

Anti-discrimination 147 108 110% 135%

Children 236 237 111% 100%

Guardianship 9701 9728 101% 104%

Table 6: Human rights lodgements and clearance rates 2011

Table 6: Human rights lodgements and clearance rates 2011Table 6: Human rights lodgements and clearance rates 2011

Table 6: Human rights lodgements and clearance rates 2011-

-12 and 2012

12 and 201212 and 2012

12 and 2012-

-13

1313

Limitation order type Number

made

Adult evidence order 4

Closure order 0

Non-publication order 0

Confidentiality order 15

No orders made 31

Total applications

received

Table 7: Type and number of limitation

Table 7: Type and number of limitation Table 7: Type and number of limitation

Table 7: Type and number of limitation

orders made 2012

orders made 2012 orders made 2012

orders made 2012 –

––

– 2013

2013 2013

2013

Table 8: Guardians for restrictive practices

able 8: Guardians for restrictive practices able 8: Guardians for restrictive practices

able 8: Guardians for restrictive practices

finalised applications 2012

finalised applications 2012 finalised applications 2012

finalised applications 2012 –

––

– 2013

2013 2013

2013

Approved Dismissed

/revoked

Deceased Withdrawn/

administrative

closure

Total

Containment 5 4 0 2

Review of containment 38 5 0 2

Seclusion 7 2 0 1

Review of seclusion 40 6 0 1

Application for another

restrictive practice

6 0 0 2

Review of application for

another restrictive practice

46 4 0 4

Tabl

TablTabl

Table 9: Containment, seclusion and other restrictive practices approvals made 2012

e 9: Containment, seclusion and other restrictive practices approvals made 2012 e 9: Containment, seclusion and other restrictive practices approvals made 2012

e 9: Containment, seclusion and other restrictive practices approvals made 2012 –

––

– 2013

2013 2013

2013

Guardianship

for restrictive

practice

Review of

guardianship

for

restrictive

practice

Order made 69 379

Order

renewed and

varied

0 6

Dismissed /

revoked

8 82

Deceased 1 2

Administrative

closure

Withdrawn at

hearing

6 1

Total 86 477

QCAT Annual Report 2012-13 | page 29

List

Benchmark # Average weeks to

finalise

(2012)

Average weeks to

finalise

(2013)

Guardianship matters

12 13 11

Children’s matters

24 29 23

Anti-discrimination matters

39 45 45

# QCAT introduced new benchmarks for all lists within 2012-13.

Table 10: Human rights division matters time to finalisation

Table 10: Human rights division matters time to finalisation Table 10: Human rights division matters time to finalisation

Table 10: Human rights division matters time to finalisation

QCAT in action: Partnerships assisting the vulnerable

Andrew is a 40-year-old homeless man living in a regional city in Queensland. He’s had long-

standing drug and alcohol problems and others in the community had often taken advantage

of him. No one was actively involved in ensuring his care and well-being, aside from care

providers in nongovernment organisations (NGOs).

The Office of the Adult Guardian works with groups and NGOs to provide help and services to

homeless in the region, including lodgement and coordination of applications to QCAT.

The NGO lodged an application with QCAT proposing the Adult Guardian and Public Trustee

of Queensland (PTQ) be appointed Andrew’s guardian and administrator. Information

provided to the tribunal stated Andrew had been recently hospitalised with a head injury and,

shortly after his release for treatment, he’d fallen in front of a vehicle striking the same part of

his head where surgery had been performed.

The tribunal found Andrew to be at immediate and imminent risk of harm and made an interim

order, appointing the Adult Guardian as his guardian and the PTQ as administrator while a

final hearing was waiting to be scheduled. Andrew was informed of these arrangements and

the tribunal has since appointed the PTQ as his administrator and the Adult Guardian as his

guardian.

This outcome demonstrates how partnerships between public and private sector organisations

can achieve positive outcomes and protect the interests of society’s most vulnerable.

QCAT Annual Report 2012-13 | page 30

QCAT in action: Going the extra mile

Michael is under the care and protection of the Department of Communities (DOCs) and resides

with foster carers. His grandparents, Joe and Mary, enjoy spending time with their grandson

and applied to DOCs to become his kinship carers. If approved, this would allow Michael to

spend extra time with his grandparents during holidays.

Complications arising with completion of the application to DOCs resulted in Joe and Mary being

informed by DOCs that their application had been refused. They applied to QCAT to have that

decision reviewed.

QCAT’s jurisdiction to review child protection matters are set out in the Child Protection Act

1999. QCAT did not have authority to review this particular decision.

Rather then just informing Joe and Mary that it couldn’t review the decision, QCAT enquired

further and provided advice about the options available to them. This included submitting a

fresh application to DOCs regarding holiday access to their grandson. Joe and Mary withdrew

their application and have since discussed their options with DOCs.

This case is an example of how the tribunal and its staff will “go the extra mile” to assist clients.

QCAT in action: Taking a pro-active approach to anti-discrimination

QCAT received several referrals from the Anti-

Discrimination Commission Queensland by several

different applicants against the same parties. The applicant’s allegations related to race

discrimination against them in their profession as taxi drivers and that an article in a local paper

suggested they had received preferable treatment in employment due to their race.

Contact with the parties was difficult as many shared the same surname and current contact

details had not been provided. Following a series of enquiries the tribunal established the

whereabouts of each party, confirming they understood the nature of the proceedings and that

there were no language barriers. A directions hearing was scheduled shortly after. Despite the

directions hearing being co-ordinated to provide the parties an opportunity to hear submissions in

each other’s presence, none of the applicants attended.

The tribunal’s view was that, on face value, it appeared the applicants did not want to proceed

with the complaints. Each applicant was advised to inform the tribunal whether they wanted to

proceed with their complaints as they would otherwise be dismissed. As none of the applicants

responded, each of the referrals was subsequently dismissed.

The proactive approach taken by the tribunal demonstrates the balance between accessible

justice and appropriate use of tribunal resources.

QCAT Annual Report 2012-13 | page 31

Minor civil disputes

Our year

Key achievements for the MCD jurisdiction in 2012-13, include:

• clearance rate of 113 per cent (18 per cent increase on previous year)

• responding to client and stakeholder feedback by reducing red tape through

reviewing two application forms relating to residential tenancy disputes and minor

debt disputes which provided a more concise, simpler and easier to use document

including information and a checklist.

• continuing to deliver an accessible and just process by providing: reasons for all

decisions; inexpensive application fees and the ability for parties to self represent to

minimise costs; inexpensive and accessible avenues of appeal and having access to

mediation to resolve disputes without progressing to a hearing.

• implementation of the Justices of the Peace trial for suitably qualified and

experienced JPs to hear MCDs under $5000 in QCAT.

MCD facts and figures

Lodgements

2011-12 2012-13

Residential tenancy 8637 9441

Non tenancy 8777 6629

Total 17,414 16,070

Clearance rates 95% 113%

Table 11: Minor civil dispute lodgements and clear

Table 11: Minor civil dispute lodgements and clearTable 11: Minor civil dispute lodgements and clear

Table 11: Minor civil dispute lodgements and clearance rates 2011

ance rates 2011ance rates 2011

ance rates 2011-

-12 and 2012

12 and 201212 and 2012

12 and 2012-

-13

1313

13*

* *

Figures for Brisbane and South-East Queensland only, where QCAT adjudicators sit. Matters in other regions

are heard by magistrates sitting as QCAT members.

Minor civil disputes (MCDs) include claims for:



debts



consumer and trade disputes



property damage caused by the use of a motor vehicle



repairs to a defect in a motor vehicle



dividing fence disputes under the Neighbourhood Disputes (Dividing Fences and

Trees) Act 2011



residential tenancy matters.

In South-East Queensland, MCD hearings are conducted by QCAT adjudicators. Outside

the region, hearings are conducted by magistrates (QCAT members for the purpose of

conducting MCD hearings).

From 3 June 2013, Justices of the Peace (JPs) in Brisbane, Ipswich, Southport and

Maroochydore participating in QCAT’s JP trial have also considered MCDs under $5000,

excluding urgent residential tenancy matters.

QCAT Annual Report 2012-13 | page 32

Table 1

Table 1Table 1

Table 12

2: Minor civil dispute matters average time to hearings

: Minor civil dispute matters average time to hearings: Minor civil dispute matters average time to hearings

: Minor civil dispute matters average time to hearings

Residential tenancy applications processed 2012-13

Applications

Total received – 9.3 % increase on 2011-12 * 9441

Application types

Termination for rent arrears 4155

Termination for objectionable behaviour 126

Termination for repeated breaches 413

Termination for lessor’s excessive hardship 251

Termination for tenant’s excessive hardship 269

Termination for domestic violence 3

Termination for damage/injury 11

Emergency repairs 46

Rental increase/decrease 57

Tribunal order on abandoned premises 67

Application for unjust listing 395

Application for proposed listing 19

General disputes 1967

Bond disputes 787

Miscellaneous/other 875

Hearings and matters finalised

Adjournments 1989

Hearings 12,848

Matters finalised 9514

Warrants of possession issued 2370

Reopenings and appeals

Reopenings lodged 103

QCAT Appeal Tribunal 337

Table 1

Table 1Table 1

Table 13

3: Residential tenancy applications managed by QCAT in 2012

: Residential tenancy applications managed by QCAT in 2012: Residential tenancy applications managed by QCAT in 2012

: Residential tenancy applications managed by QCAT in 2012-

-13

1313

* Includes 389 applications lodged by Public Housing. Figures are for Brisbane and South-East Queensland

only, where QCAT adjudicators sit. Matters in other regions are heard by magistrates sitting as QCAT members.

List

Benchmark Average weeks

to hearing

(2012)

Average weeks

to hearing

(2013)

Minor civil disputes –

urgent residential tenancy

2 2

Minor civil disputes –

non urgent residential tenancy

4-5

4-5 3

Minor civil disputes –

other

4-5

4-5 4

QCAT Annual Report 2012-13 | page 33

Making connections

The Client Services division continues to maintain strong links with the Magistrates Courts

where tribunal services are delivered outside the dedicated QCAT registry in Brisbane.

Support includes the provision of a dedicated MCD officer to assist Magistrates Court staff,

facilitate communication and training on QCAT procedures including distribution of a

monthly newsletter.

QCAT continues to work closely with the Residential Tenancies Authority (RTA). This

partnership facilitates the distribution of rental bonds via a data-link facility with the RTA to

ensure the efficient and accurate disbursements of bonds.

The division undertakes speaking engagements to promote awareness of QCAT processes

by a cross-section of MCD stakeholder organisations including the RTA and the Real Estate

Institute of Queensland. Staff also work closely with tenancy advocacy groups including the

Tenants Union of Queensland who were located on the registry premises for a period in

2012-13.

MCD clients include:



tenants, landlords, housing providers and real estate agents



small business owners



consumers and traders



neighbours



motorists and motor traders



private and business creditors



debtors and commercial agents.

Looking forward

The key focus for the jurisdiction in 2013-14 includes:

• continuing the review of the minor civil dispute jurisdiction to improve processes,

forms, client education and information

• exploring expansion of electronic lodgement opportunities

• providing ongoing support and education for Magistrates Court staff delivering QCAT

services through Queensland

• progress and evaluate the Justices of the Peace trial to determine success of JPs

hearing minor civil disputes at QCAT.

QCAT Annual Report 2012-13 | page 34

QCAT Justice of the Peace trial

A trial is seeing Justices of the Peace (JPs) hear and decide some minor civil dispute

matters before QCAT.

The Queensland Government has committed $3.5 million to support and expand the

Justices of the Peace program in Queensland and as part of this commitment, a six-month

trial, which commenced on 3 June 2013, allows specially selected and trained JPs to hear

some minor civil disputes (MCDs) up to $5000 (excluding urgent residential tenancy

disputes).

The trial recognises the significant, voluntary contributions of JPs in Queensland and

provides opportunities for them to improve, develop and expand their role and aims to

reduce the time and costs associated with finalising MCD dispute applications. It also aims

to free up QCAT adjudicators and magistrates (who act as QCAT members in regional

areas), to enable them to hear more complex matters.

Under the trial, a two person panel comprising of one legally qualified JP (the presiding

member) and one JP without legal qualifications will hear some minor civil disputes, make

findings of fact, apply the relevant law, make enforceable decisions permitted by the

relevant legislation and provide oral reasons for that decision at the conclusion of time-

limited hearings.

MCDs are a significant part of QCAT’s jurisdiction and include disputes related to

residential tenancy, dividing fences, minor debts, consumer and trade issues, claims about

damage arising from motor vehicle accidents and repairs for defects in a motor vehicle.

Ahead of the trial commencing, 173 candidates undertook comprehensive training

facilitated by QCAT with 100 JPs appointed (as at 30 June 2013) by the Governor-in-

Council to participate.

The trial is being independently evaluated to identify whether it conforms with the structure

and objectives outlined in the Queensland Government’s commitment and inform future

decision making relevant to the trial. The final evaluation report will be produced in

February – March 2014.

The pilot is being undertaken in Brisbane, Ipswich, Maroochydore and Southport and is a

major reform building on QCAT’s success to date in providing an integrated tribunal for the

resolution of a wide range of disputes.

JP appointments as part of the trial are listed in Appendix 3

QCAT Annual Report 2012-13 | page 35

QCAT in action: Upholding tenant’s rights

Sally rented a house in rural Queensland. The house was old and in need of maintenance. After

complaining to the agent she rented through, council officers examined the house and issued a

report. It described the building as being in a dilapidated condition and citing missing panes of

glass, leaking roof sheeting, broken and missing external wall cladding, unsafe back steps,

damaged timber floor joists and bearers. They also discovered exposed asbestos in some parts of

the house.

Sally asked for a reduction in rent and advised she was going to terminate her tenancy. She could

not however, move out straight away, as she had nowhere else to live. The owner did not agree

with Sally’s proposal and so she applied to QCAT.

An urgent hearing was scheduled. As a result of the hearing, Sally’s rental agreement was

terminated four weeks from the date of the hearing, the owner was ordered to reduce rent by $50 a

week for the rest of the time she was to live in the house and pay Sally $1000 compensation.

QCAT in action: Applicants urged to have reasonable expectations

Fred went on a driving holiday in his four-wheel-drive, traversing Australia by travelling from the

Gold Coast to Western Australia and back. Twice on the trip, the vehicle’s long-range fuel tanks

developed leaks. The additional fuel consumption made the trip more expensive than expected but

also meant Fred couldn’t take some of the longer routes he’d planned to use.

Hoping to recoup some of the costs the problem had caused, Fred sued the supplier of the fuel

tanks for loss and damage. The case came before QCAT as a minor civil dispute. During the

hearing, evidence was heard that leaking fuel tanks were rare and that when contacted by Fred

during his trip the supplier had gone to extraordinary lengths to provide a replacement tank so Fred

wasn’t further inconvenienced. The tribunal was also told Fred had driven his vehicle through

particularly rough terrain and that the flexibility of the vehicle chassis may have contributed to the

leaks.

The tribunal found that the supplier had fulfilled its obligations. Fred’s application was dismissed.

QCAT in action: Proving your case

In May 2012, the driver of a motor vehicle drove his car into a rope fence on a private property. The

man lodged a minor civil claim against the occupier of the property to recover $1,086.15 for the cost

of repairing damage to the vehicle. There were no witnesses to the incident.

At the QCAT hearing, the driver was unable to produce sufficient evidence to identify who

the correct occupier was or how the fence had been dangerous. Both the driver and occupier

produced their own photographs taken after the incident. The claim must be proven by the person

making the claim. The tribunal considered that the driver had not done this because

photographs did not show how the occupier could reasonably be considered responsible for the

incident.

The tribunal’s decision noted the duty of care owed by road users and on the evidence found that

the applicant had failed to find take reasonable care and skill when driving the vehicle.

The driver's application for the land owner to pay the repair costs to his vehicle was dismissed.

QCAT Annual Report 2012-13 | page 36

Operations support

The operations support team includes scheduling, hearing support and transcription teams

which assist the tribunal in delivering key services throughout Queensland.

Our year

In 2012-13 the operations support team:

• scheduled 18,268 proceedings (excluding minor civil disputes) throughout

Queensland (16 per cent increase from 2011-2012)

• processed 1944 requests (24 per cent increase from 2011-12) comprising 302

transcripts, 771 reasons for decisions and 871 audio recordings*

• assisted with implementation of QCAT’s JP pilot program by recruiting and training

staff, and liaison with JPs ahead of the trial commencing on 3 June, 2013

• streamlined a staged implementation of recording systems throughout Queensland

regional courts ahead of the transfer of recording and transcription services for

QCAT to Auscript Australasia Pty Ltd** on 1 July 2013

• established benchmarks for timeframes to progress tribunal matters to compulsory

conference or hearing

• improved systems and processes for planning and allocating resources, scheduling

and internal administration.

Making connections

The team worked closely with clients, Magistrates Court staff and other stakeholders,

including interpreters and external transcribers, throughout regional and south-east

Queensland to undertake a variety of services including:

• the planning, scheduling and efficient management and recording of hearings and

compulsory conferences

• provide external interpreter services, audio and transcript requests, orders and

reasons for a decision on completion of a hearings

• ensure the provision of security services within the tribunal’s Brisbane rooms.

• liaison with Magistrates Courts staff in Townsville, Southport, Ipswich and

Maroochydore to support commencement of the JP trial.

NOTES: *Requests for reasons for decisions are provided by audio in accordance with section 123 of

the Queensland Civil and Administrative Tribunal Act 2009.

**In 2012-13, audios and requests for CD copies of oral reasons were prepared by QCAT

transcription staff while transcripts were provided by an external provider Auscript Australasia Pty Ltd,

to which recording and transcription services for QCAT and all courts transferred to on 1 July 2013.

Most QCAT transcription requests relate to appeals.

QCAT Annual Report 2012-13 | page 37

Looking forward

The focus for operations support in 2013-14 includes:

• exploring the potential and options for additional regional tribunal facilities to improve

accessibility for North Queensland clients and stakeholders

• consultation with stakeholders regarding alternative hearing venues in regional and

south-east Queensland to improve client and stakeholder access to the tribunal

• keeping abreast of new technology and the use of remote conferencing to improve

service delivery

• reviewing processes, procedures, resourcing and team structure in response to

technological and procedural improvements and ensure the delivery of effective and

efficient services.

Client Services

The client services team provides services through the Brisbane QCAT registry office

including support for client enquiries and minor civil dispute case management.

During 2012-13, the team processed nearly 99,000 phone calls coming into QCAT 1300 753

228, processed 10,654 searches of the tribunal records, most of which (95.5 per cent)

related to neighbourhood disputes such as fences or trees. Support was also provided to

9207 clients coming to QCAT reception for assistance with lodging applications, the largest

proportion (23.4 per cent) of which related to residential tenancy disputes.

The focus for 2013-14 remains on consistent and timely delivery of services and the ongoing

development of client information materials to assist with community understanding of the

role of the tribunal and its processes.

QCAT Annual Report 2012-13 | page 38

Making connections

Our stakeholders

QCAT engaged with government departments, statutory bodies, the legal community,

community support and advocacy groups to ensure understanding of QCAT processes.

Strategic planning has also included consideration of stakeholder feedback.

In 2012-13 QCAT registry staff, members and adjudicators undertook a wide variety of

activities with stakeholders including the delivery of over 110 speaking engagements and

presentations.

Stakeholder satisfaction research undertaken for the third time this year demonstrated an

overall satisfaction level of 75 per cent – an 8 per cent improvement from 2011-12. The

research reflected significant improvements in stakeholder perception of member and

adjudicator professionalism and QCAT’s accessibility and independence.

In 2012-13 QCAT continued to engage with key stakeholders for the benefit of the

Queensland community.

Our clients

With such a diverse range of jurisdictions and legislation to administer, every Queenslander

is potentially a QCAT client.

Research into QCAT client satisfaction was undertaken for the third time in 2013. The

overall satisfaction rating of 74 per cent (up from 71 per cent in 2011-12) reflected a high

level of satisfaction with QCAT client service regardless of satisfaction with case outcomes.

Client surveying highlighted an increase in satisfaction levels across a number of key areas

including courtesy and respect, promptness in responses, knowledge and advice provided

by tribunal staff and ease of access to QCAT services

A client engagement strategy finalised in 2011-12 was implemented in 2012-13 with a focus

on client awareness of QCAT and assistance with self representation before the tribunal.

Interpreter and translation services

During 2012-13 QCAT provided 193 interpreter and document translation services for clients

via the Queensland Interpreting and Translating Service and the Translating and Interpreting

Service. These services are provided to clients free of charge.

The majority of services required were within guardianship and administration of adults (18

per cent), minor civil dispute (47 per cent) and anti discrimination (8 per cent) jurisdictions.

The main interpreter and translation services provided were for Mandarin (25 per cent),

Korean (11 per cent) and Vietnamese (9 per cent).

In addition to accessing these services, QCAT works with its stakeholder groups (e.g.

Queensland Public Interest Law Clearing House and Court Network Volunteers,

the Aboriginal and Torres Strait Island Legal Service and Aboriginal and Torres Strait

islander Women's Legal and Advocacy Service) to provide support and assistance to people

from culturally diverse backgrounds as needed, on a case-by-case basis.

This includes accessing relevant cultural support services and networks, staff training,

education and information sessions to provide skills in understanding and managing cultural

diversity.

QCAT Annual Report 2012-13 | page 39

Engaging with other tribunals

QCAT continues to maintain links with interstate tribunal counterparts through the sharing of

knowledge and experience.

In 2012-13 QCAT contributed to the agenda for the establishment of the New South Wales

Civil Administrative Tribunal, hosting a delegation from the NSW Consumer, Trader and

Tenancy Tribunal, which will begin operations in January 2014. The President, Deputy

President, Senior Member and Executive Director met with the steering committee/project

team providing advice and support to assist with planning for the tribunal which, like QCAT,

aims to provide informal and accessible services for resolving disputes fairly and in an

efficient and cost-effective way.

Publishing of tribunal decisions

In 2012-13, the Supreme Court of Queensland Library published approximately 705

decisions handed down by the tribunal in addition to approximately 314 decisions of the

appeal tribunal.

Availability of this information is a valuable record of decisions made by the tribunal in its

role within Queensland’s judicial system and a reference source for QCAT members and

adjudicators, lawyers and clients. These decisions show the kinds of evidence and

submissions QCAT considers and how the tribunal interprets and applies legislation relating

to different matters. The decisions also show the potential outcomes and costs of being a

party to a matter before QCAT.

Publishing of practice directions

Practice directions are guidelines for QCAT proceedings. The directions provide information

on specific issues and complement existing QCAT legislation and rules. All practice

directions are approved by the QCAT President and published on the tribunal’s website.

Practice directions made in 2012-13 are included in Appendix 4.

Support and advocacy

Community legal centres

Community legal centres throughout Queensland play a key role in supporting QCAT clients

with advice, advocacy and representation.

Court Network

Court Network is an Australian not-for-profit court support service providing non-legal

information, support and referral services to all persons attending court/tribunals. In 2012-13

Court Network Volunteers provided assistance to more than 12,790 QCAT Brisbane clients.

Queensland Public Interest Law Clearing House (QPILCH) – Self Representation

Service

The QPILCH Self Representation Service provides free legal advice and assistance to

existing and prospective parties in eligible QCAT jurisdictions including anti-discrimination,

child protection, guardianship and administration, administrative review and QCAT appeals.

QCAT Annual Report 2012-13 | page 40

Support is provided by volunteer lawyers from private firms to self-represented clients. It

includes assessment of applications, written advice, scheduling of appointments, including

via telephone for clients outside Brisbane, and other advice and support as required

throughout a proceeding.

The tribunal is QPILCH's largest source of referrals with 39 clients supported by the service

in 2012-13.

Our complaints and feedback policy

We aim to process complaints through a fair, timely, easy to use and confidential process.

Of the 28,327 matters before the tribunal in 2012-13, QCAT received 230 complaints or 0.8

per cent of total matters. This is a positive result given that many clients are involved in

adversarial proceedings and may not agree with the outcome if it is not in their favour.

QCAT Annual Report 2012-13 | page 41

Our governance

Tribunal excellence

QCAT’s governance supports mechanisms to monitor and report on recommendations for

external agencies and stakeholders concerning its operations. The tribunal reviews findings

raised from client complaints.

In 2011, QCAT adopted a framework for excellence to determine its performance, based on

the “International Framework for Court Excellence” standards, known as the Tribunal

Excellence Framework. Assessment was again undertaken in June 2013 to assess

performance against eight areas of tribunal performance: independence, professionalism

and integrity, leadership and effective management, fair treatment, accessibility,

accountability, efficiency and client needs and satisfaction.

Ratings are based on stakeholder, staff and client surveys as well as self assessment. The

tribunal reviews findings of the Tribunal Excellence Framework and takes action to improve

its operations.

The results of this year’s assessment will be released early in 2013-14 however indications

are that the tribunal achieved a score of 6. This performance level is awarded when a

tribunal has demonstrated “an exceptionally well-defined, innovative and strategic approach,

that is fully integrated with organisational needs and implemented consistently in all areas”.

This score indicates excellence or improvements have been achieved in most of the eight

areas of tribunal performance including comparisons, benchmarks or results reported for

these indicators.

Risk management

QCAT complies with the Department of Justice and Attorney-General’s Risk Management

Policy which was endorsed by the Audit and Risk Management Committee in 2010.

Public Sector Ethics Act 1994

The Department of Justice and Attorney-General’s code of conduct is based upon the ethics

identified in the Public Sector Ethics Act 1994 which are: respect for persons, integrity,

respect for the law and system of government, diligence, economy and efficiency. QCAT

staff undertakes annual training and education in the code of conduct and ethical decision-

making.

The principles of the Act and the Department of Justice and Attorney General’s Code of

Conduct, with which QCAT staff are required to comply, are embedded in human resource

management policies, practices and procedures.

Information systems and record keeping

QCAT has procedures and guidelines in place to inform staff of record keeping practices

and responsibilities. Staff are trained in the creation, maintenance and management of

records for system compliance with monitoring, management and auditing requirements in

line with DJAG record keeping systems. A review of document retention and record keeping

standards has been identified as part of business planning and delivery in 2012-13 to ensure

compliance with the Public Records Act 2002 and guidelines issued by Queensland State

Archives

Boards and committees

Board of Management

The Board of Management consists of the President (chairperson), Deputy President,

Executive Director, four senior members, the Principal Registrar and the Manager –

QCAT Annual Report 2012-13 | page 42

Business Services. The Board addresses strategic direction, performance, resources,

compliance, risk and accountability issues.

Rules Committee

The Rules Committee is established under the Act and consists of the President, the Deputy

President, a full-time senior or ordinary member, a member who is not an Australian lawyer,

and other members or adjudicators the President has nominated. The Committee develops

and reviews the rules under the Act and approve forms for use under the Act.

In 2012-13, the Committee has approved amendments to the rules, including an amendment

relating to the Trans-Tasman Proceedings Act 2010 (Cth). The Committee has also

approved changes to a number of existing forms, such as those relating to applications for

leave to be represented, minor civil disputes and forms relating to tree disputes.

The Committee has also considered the tribunal’s existing procedures and recommended

changes when necessary. In some cases these changes are implemented through QCAT

Practice Directions, which are made by the President.

Alternative Dispute Resolution Committee

The Alternative Dispute Resolution (ADR) committee consists of the President, the Deputy

President, one senior member, four members, the Principal Registrar and the Alternative

Dispute Resolution Manager.

The committee works to ensure the tribunal encourages early and economical resolution of

disputes including through ADR processes through coordinating ADR training for staff and

members and promoting the effective use of ADR to increase the early resolution of matters.

Education, Training and Resources Committee

The Education, Training and Resources committee consists of the President, Deputy

President, a senior member, two ordinary members and other members as required. It was

established as a professional development initiative to ensure that full-time, part-time and

sessional members are kept up to date with legislative changes, significant precedent

tribunal decisions, procedures and practices.

Monthly training is undertaken, including for members in regional areas via teleconferencing,

videoconferencing and on-line audio-recordings. Training for decision-writing and

alternative dispute resolution is also undertaken.

Performance Improvement Committee

The Performance Improvement Committee consists of the two members from the QCAT

Management Team (Chair and Deputy Chair) and representatives from each area within the

QCAT registry. The committee meets quarterly to identify and evaluate opportunities for

improvements to service delivery within the registry and the Tribunal.

QCAT Annual Report 2012-13 | page 43

Our financial performance

Budget

($m)

Actual

($m)

Variance

($m)

Income

Appropriation 16.6

16.6

0.0

User charges 2.6

2.6

0.0

Justice of the Peace project 0.7

0.4

0.3

19.9

19.6

0.3

Expenses

Staff employment costs 9.0

8.8

0.2

Member costs 5.8

6.1

(0.3)

Property costs 2.9

2.9

0.0

Overhead 1.5

1.4

0.1

Justice of the Peace project 0.7

0.4

0.3

Total operating expenses 19.9

19.6

0.3

Table 1

Table 1Table 1

Table 14

4: 2012

: 2012: 2012

: 2012-

-13 QCAT financial statement

13 QCAT financial statement13 QCAT financial statement

13 QCAT financial statement

Funding

QCAT’s total income for 2012-13 was $19.6m.

Expenditure

In 2012-13, QCAT’s recurrent expenditure was $19.6m.

2012-13 financial statements for QCAT

The 2012-13 audited financial statements for QCAT are published within the Department of

Justice and Attorney-General’s Annual Report 2012-13.

QCAT Annual Report 2012-13 | page 44

Glossary and abbreviations

Abbreviations and acronyms

the Act Queensland Civil and Administrative Tribunal Act 2009

ADR alternative dispute resolution

CAD Civil, administrative and disciplinary division

DJAG Department of Justice and Attorney-General

DRB Dispute Resolution Branch (Department of Justice and

Attorney-General)

JPCD Act Justices of the Peace and commissioners for Declarations

Act 1991

HuRD Human rights division

MCD minor civil dispute

QCAT Queensland Civil and Administrative Tribunal

Glossary

active case management

when QCAT members take a proactive role in the

management of cases for example, listing the case for a

compulsory conference, to ensure the case progresses

steadily.

adversarial a legal system or proceeding that involves conflicting

parties or interests.

adjudicators legally qualified QCAT decision makers for minor civil

disputes and other matters before the tribunal.

alternative dispute

resolution

resolution of a matter through mediation or conferencing

rather than the adversarial process.

compulsory conference a dispute resolution method used by the tribunal to mediate

settlement, identify issues in dispute and make orders and

directions.

directions the tribunal has to the power to order parties to do certain

things to streamline the progress of a matter before the

tribunal, for example to file and exchange material.

directions hearing directions hearings may be conducted by a member,

adjudicator or the Principal Registrar and aim to streamline

matter progress.

enduring power of

attorney

legal document a person can prepare to give someone else

the power to make personal or financial decisions on their

behalf.

expert conclave An expert conclave is a private meeting between experts in

the same field of expertise, chaired by a member of the

tribunal. Lawyers, advisers and clients are not permitted to

attend the conclave.

QCAT Annual Report 2012-13 | page 45

impaired capacity the inability of a person to go through the process of

reaching a decision and putting it into effect based on three

elements:

- understanding the nature and effect of the decision

- freely and voluntarily making a decision

- communicating the decision in some way.

jurisdiction the legislative power of the tribunal to hear and determine

certain matters.

mediation a dispute resolution method used for bringing about

agreement or reconciliation between parties. This involves

exploring possible agreement without an adversarial

hearing. Mediations are conducted by an impartial dispute

resolution professional.

member professionally qualified QCAT decision makers for disputes

before the tribunal.

minor civil disputes a claim for certain debts or disputes limited to $25,000 or

less.

sessional member professionally qualified QCAT decision makers for disputes

before the tribunal employed on a sessional basis.

submissions an outline of argument parties may submit to the tribunal

based on the evidence that has been put before the

tribunal.

QCAT Annual Report 2012-13 | page 46

Appendix 1 – Member appointments

Name Position

Appointment

start date

Appointment

end date

Clare Endicott Senior member 1/12/2009

30/11/2014

Kerrie O’Callaghan Senior member 1/01/2010

30/11/2014

Richard Oliver Senior member 1/12/2009

30/11/2014

Peta Stilgoe Senior member 3/01/2012

2/01/2017

James Allen Member 1/12/2009

30/11/2014

Adrian Ashman Member 1/12/2009

30/11/2014

Elizabeth Benson-Stott Member 1/12/2009

30/11/2014

Bridget Cullen Member 1/12/2009

30/11/2014

Julie Ford Member 1/12/2009

30/11/2014

Susan Gardiner Member 1/12/2009

30/11/2014

Patricia Hanly Member 1/12/2009

30/11/2014

Michelle Howard Member 1/12/2009

30/11/2014

Ronald Joachim Member 1/12/2009

30/11/2014

David Paratz Member 26/10/2012

25/10/2017

John Bertelsen Adjudicator 1/12/2009

30/11/2014

Kate Buxton Adjudicator * 1/12/2009

30/11/2014

Resigned

7/6/2013

Alexander Crawford Adjudicator * 17/6/2011

30/11/2014

Trevor Davern Adjudicator 1/01/2010

31/12/2014

Michael Howe Adjudicator * 17/6/2011

30/11/2014

Bevan Hughes Adjudicator * 1/12/2011

30/11/2014

William LeMass Adjudicator * 1/12/2009

30/11/2014

Kevin O’Hanlon Adjudicator 1/12/2011

30/11/2014

Christine Trueman Adjudicator 1/12/2009

30/11/2014

Tammy Williams Adjudicator * 11/6/2010

30/11/2014

Resigned

10/10/2012

Jeremy Gordon Adjudicator * 1/12/2011

30/11/2014

Peter Apel Sessional member 12/11/2010

30/11/2014

Kenneth Barlow Sessional member 1/12/2009

30/11/2014

Barbara Bayne Sessional member 1/12/2009

30/11/2014

Philippa Beckinsale Sessional member 1/12/2009

30/11/2014

Catherine Benson Sessional member 12/11/2010

30/11/2014

Jeffrey Bowles Sessional member 12/11/2010

30/11/2014

The Hon Charles Brabazon Sessional member 1/11/2011

30/10/2014

Joanne Browne Sessional member 1/12/2009

30/11/2014

Susan Burke Sessional member 1/12/2011

30/11/2014

Kate Buxton Sessional member * 17/06/2011

30/11/2014

Resigned

7/6/2013

Gerald Byrne Sessional member 12/11/2010

30/11/2014

John Carey Sessional member 12/11/2010

30/11/2014

Julia Casey Sessional member 1/12/2009

30/11/2014

Leslie Clarkson Sessional member 1/12/2009

30/11/2014

Roxanne Clifford Sessional member 1/12/2009

30/11/2014

Simon Coolican Sessional member 12/11/2010

30/11/2014

QCAT Annual Report 2012-13 | page 47

Barry Cotterell Sessional member 1/12/2009

30/11/2014

Thomas Cowan Sessional member 12/11/2010

30/11/2014

Alexander Crawford Sessional member * 01/12/2009

30/11/2014

The Hon Keiran Cullinane Sessional member 1/11/2011

31/10/2014

Sandra Deane Sessional member 12/11/2010

30/11/2014

Keith Dodds Sessional member 17/02/2012

16/02/2015

Michelle Dooley Sessional member 1/12/2009

30/11/2014

Deanne Drummond Sessional member 1/12/2011

30/11/2014

Russell Duigan Sessional member 1/12/2009

30/11/2014

Paul Favell Sessional member 1/12/2009

30/11/2014

Penelope Feil Sessional member 1/12/2009

30/11/2014

Jennifer Felton Sessional member 1/12/2009

30/11/2014

Ann Fitzpatrick Sessional member 1/12/2009

30/11/2014

Fiona Fitzpatrick Sessional member 1/12/2011

30/11/2014

John Forbes Sessional member 1/12/2011

30/11/2014

Pamela Goodman Sessional member 1/12/2009

30/11/2014

Jeremy Gordon Sessional member * 1/12/2011

30/11/2014

Murray Green Sessional member 1/12/2011

30/11/2014

Wendy Grigg Sessional member 12/11/2010

30/11/2014

Susann Holzberger Sessional member 1/12/2009

30/11/2014

Michael Howe Sessional member * 12/11/2010

30/11/2014

Bevan Hughes Sessional member * 1/12/2011

30/11/2014

Elizabeth Hulin Sessional member 1/12/2009

30/11/2014

Nathan Jarro Sessional member 1/12/2009

30/11/2014

Joanna Jenkins Sessional member 12/11/2010

30/11/2014

The Hon John Jerrard Sessional member 1/11/2011

30/10/2014

Mark Johnston Sessional member 1/12/2009

30/11/2014

Christine Jones Sessional member 12/11/2010

30/11/2014

Neil Judge Sessional member 1/12/2009

30/11/2014

Sandra Kairl Sessional member 1/12/2009

30/11/2014

Paul Kanowski Sessional member 1/12/2011

30/11/2014

David King Sessional member 12/11/2010

30/11/2014

Robert King-Scott Sessional member 12/11/2010

30/11/2014

Peter Krebs Sessional member 12/11/2010

30/11/2014

Desmond Lang Sessional member 1/12/2011

30/11/2014

William LeMass Sessional member * 17/06/2011

30/11/2014

David Lewis Sessional member 1/12/2011

30/11/2014

Joanna Lindgren Sessional member 12/11/2010

30/11/2014

Katherine Lindsay Sessional member 1/12/2011

30/11/2014

Stuart MacDonald Sessional member 1/12/2009

30/11/2014

Malcolm Macrae Sessional member 1/12/2009

30/11/2014

Donald McBryde Sessional member 1/12/2009

30/11/2014

Michael McCarthy Sessional member 1/12/2009

30/11/2014

Peter McDermott Sessional member 11/06/2010

30/11/2014

Louise McDonald Sessional member 1/12/2009

30/11/2014

Margaret McLennan Sessional member 1/12/2009

30/11/2014

QCAT Annual Report 2012-13 | page 48

John Milburn Sessional member 1/12/2011

30/11/2014

Sharon Mills Sessional member 1/12/2009

30/11/2014

Elissa Morriss Sessional member 1/12/2009

30/11/2014

Gwenn Murray Sessional member 1/12/2009

30/11/2014

Robyn Oliver Sessional member 12/11/2010

30/11/2014

David Paxton Sessional member 12/11/2010

30/11/2014

Louise Pearce Sessional member 12/11/2010

30/11/2014

Dianne Pendergast Sessional member 1/12/2011

30/11/2014

Wayne Pennell Sessional member 12/11/2010

30/11/2014

Katina Perren Sessional member 1/12/2011

30/11/2014

Mark Plunkett Sessional member 12/11/2010

30/11/2014

Graham Quinlivan Sessional member 1/12/2009

30/11/2014

Peter Richards Sessional member 1/12/2009

30/11/2014

Bernadette Rogers Sessional member 1/12/2011

30/11/2014

Christine Roney Sessional member 1/12/2011

30/11/2014

Peter Roney Sessional member 1/12/2009

30/11/2014

Keta Roseby Sessional member 12/11/2010

30/11/2014

Richard Roylance Sessional member 1/12/2009

30/11/2014

Virginia Ryan Sessional member 1/12/2011

30/11/2014

Katherine Schmider Sessional member 1/12/2009

30/11/2014

Anthony Sidwell Sessional member 1/12/2011

30/11/2014

Rosemary Stafford Sessional member 1/12/2009

30/11/2014

Susan Sullivan Sessional member 1/12/2011

30/11/2014

Aaron Suthers Sessional member 1/12/2009

30/11/2014

John Tanzer Sessional member 12/11/2010

30/11/2014

The Hon James Thomas Sessional member 1/12/2011

30/11/2014

Gil Trafford-Walker Sessional member 19/10/2012

18/10/2015

Diane Turner Sessional member 12/11/2010

30/11/2014

Resigned

25/6/2013

Peter Walker Sessional member 12/11/2010

30/11/2014

Shirley Watters Sessional member 1/12/2009

30/11/2014

Ian Wells Sessional member 1/12/2009

30/11/2014

James White Sessional member 1/12/2011

30/11/2014

Andrew Williams Sessional member 12/11/2010

30/11/2014

Tammy Williams Sessional member 1/12/2009

30/11/2014

Carolyn Windsor Sessional member 1/12/2011

30/11/2014

Paul Wonnocott Sessional member 1/12/2011

30/11/2014

Michael Wood Sessional member 1/12/2009

30/11/2014

* Appointed currently as a sessional member and part-time adjudicator.

QCAT Annual Report 2012-13 | page 49

Appendix 2 - Tree assessor appointments

Name Position Appointment start date

Jan Allen Tree assessor 1/11/2011

Anthony Cockram Tree assessor 1/11/2011

Noel Fitzpatrick Tree assessor 1/11/2011

Sean Freeman Tree assessor 1/11/2011

Goetz Graf Tree assessor 1/11/2011

David Gunter Tree assessor 1/11/2011

Jonathon Hobbs Tree assessor 1/11/2011

Benjamin Inman Tree assessor 1/11/2011

Cameron James Tree assessor 1/11/2011

David Roberts Tree assessor 1/11/2011

Michael Sowden Tree assessor 1/11/2011

Andrew Stovell Tree assessor 1/11/2011

Roxanne Taylor Tree assessor 1/11/2011

Willem Taylor Tree assessor 1/11/2011

Adam Tom Tree assessor 1/11/2011

Jeremy Young Tree assessor 1/11/2011

Appendix 3 - Justice of the Peace trial appointments

Name

Legally qualified

or non-legally

qualified JP

Appointment

start date

Appointment

end date

Trial site

Adam Ozdowski Legal 3/06/2013 2/06/2016 Brisbane

Angela Yin

Non legal

3/06/2013 2/06/2016 Brisbane

Angela-Marie James

Non legal

3/06/2013 2/06/2016 Maroochydore

Anthony Friel

Non legal

3/06/2013 2/06/2016 Maroochydore

Arron Hartnett Legal 3/06/2013 2/06/2016 Brisbane

Arthur Fry

Non legal

3/06/2013 2/06/2016 Maroochydore

Barry McPhee

Non legal

3/06/2013 2/06/2016 Maroochydore

Barry Vickers

Non legal

3/06/2013 2/06/2016 Brisbane

Bruce Cook

Non legal

3/06/2013 2/06/2016 Southport

Bruce Little

Non legal

3/06/2013 2/06/2016 Maroochydore

Bruce Starkey Legal 3/06/2013 2/06/2016 Brisbane

Bryan Pickard Legal 3/06/2013 2/06/2016 Maroochydore

Carmel McMahon Legal 3/06/2013 2/06/2016 Brisbane

Catherine O'Donnell

Non legal

3/06/2013 2/06/2016 Brisbane

Charles Richard

Hammersla

Non legal

3/06/2013 2/06/2016 Brisbane

Chiu-Hing Chan Legal 3/06/2013 2/06/2016 Southport

Christine Cuthbert-

Steele

Non legal

3/06/2013 2/06/2016 Ipswich

Darren Swindells

Non legal

3/06/2013 2/06/2016 Ipswich

Darryl Schmidt

Non legal

3/06/2013 2/06/2016 Brisbane

David Barkley Legal 3/06/2013 2/06/2016 Brisbane

QCAT Annual Report 2012-13 | page 50

David Phipps Legal 3/06/2013 2/06/2016 Maroochydore

Erin Horell

Non legal

3/06/2013 2/06/2016 Townsville

Fay Twidale

Non legal

3/06/2013 2/06/2016 Ipswich

Gabrielle Mewing Legal 3/06/2013 2/06/2016 Southport

Gary Gibson

Non legal

3/06/2013 2/06/2016 Brisbane

Gary Kirby

Non legal

3/06/2013 2/06/2016 Brisbane

Gloria Beyers Legal 3/06/2013 2/06/2016 Southport

Helen Staines

Non legal

3/06/2013 2/06/2016 Southport

James Stackpoole

Non legal

3/06/2013 2/06/2016 Brisbane

Jane Hawkins

Non legal

3/06/2013 2/06/2016 Brisbane

Jason Lawler

Non legal

3/06/2013 2/06/2016 Brisbane

Joanne Myers-Cave

Non legal

3/06/2013 2/06/2016 Maroochydore

John Crighton

Non legal

3/06/2013 2/06/2016 Southport

John Howie

Non legal

3/06/2013 2/06/2016 Brisbane

Karl McKenzie

Non legal

3/06/2013 2/06/2016 Townsville

Katherine Jane

Fenwick

Non legal

3/06/2013 2/06/2016 Brisbane

Keith Stanton Legal 3/06/2013 2/06/2016 Southport

Kevin Erwin

Non legal

3/06/2013 2/06/2016 Brisbane

Lawrence Ballinger

Non legal

3/06/2013 2/06/2016 Townsville

Leigh Bernhardt

Non legal

3/06/2013 2/06/2016 Southport

Lexene Andrews

Non legal

3/06/2013 2/06/2016 Maroochydore

Linda Renouf

Non legal

3/06/2013 2/06/2016 Brisbane

Linda-Anne Griffiths Legal 3/06/2013 2/06/2016 Ipswich

Lynette Maguire

Non legal

3/06/2013 2/06/2016 Maroochydore

Lynne Matsen

Non legal

3/06/2013 2/06/2016 Brisbane

Malcolm Edminston

Non legal

3/06/2013 2/06/2016 Townsville

Marian Goddard

Non legal

3/06/2013 2/06/2016 Townsville

Marilyn Heath

Non legal

3/06/2013 2/06/2016 Maroochydore

Mejrem Mustafa

Non legal

3/06/2013 2/06/2016 Southport

Michael Corlett

Non legal

3/06/2013 2/06/2016 Maroochydore

Michael Lai

Non legal

3/06/2013 2/06/2016 Brisbane

Miles Heffernan

Non legal

3/06/2013 2/06/2016 Southport

Noel Payne

Non legal

3/06/2013 2/06/2016 Southport

Paul Arthur Legal 3/06/2013 2/06/2016 Brisbane

Raelene Kell

Non legal

3/06/2013 2/06/2016 Brisbane

Robert Brummell

Non legal

3/06/2013 2/06/2016 Brisbane

Roberta Scrivner

Non legal

3/06/2013 2/06/2016 Brisbane

Rodney Hilditch

Non legal

3/06/2013 2/06/2016 Brisbane

Roslyn Newlands

Non legal

3/06/2013 2/06/2016 Brisbane

Ross Lee Legal 3/06/2013 2/06/2016 Southport

Samantha Angus

Non legal

3/06/2013 2/06/2016 Ipswich

Samuel Hardin Legal 3/06/2013 2/06/2016 Southport

Sarah Bregonje

Non legal

3/06/2013 2/06/2016 Ipswich

Sean Goodsir

Non legal

3/06/2013 2/06/2016 Ipswich

Shirley Murray

Non legal

3/06/2013 2/06/2016 Southport

Stacey Morton

Non legal

3/06/2013 2/06/2016 Brisbane

Stephanie Wehrend

Non legal

3/06/2013 2/06/2016 Brisbane

Stephen Osachuk

Non legal

3/06/2013 2/06/2016 Southport

Stephen Royce

Non legal

3/06/2013 2/06/2016 Southport

Susan Maree

Stubbings

Non legal

3/06/2013 2/06/2016 Brisbane

Suzanne McCormack Legal 3/06/2013 2/06/2016 Brisbane

Toby Latcham

Non legal

3/06/2013 2/06/2016 Brisbane

QCAT Annual Report 2012-13 | page 51

Troy Davison

Non legal

3/06/2013 2/06/2016 Townsville

Vincent Everett

Non legal

3/06/2013 2/06/2016 Maroochydore

Wayne Stanton Legal 3/06/2013 2/06/2016 Maroochydore

Wendy Clark

Non legal

3/06/2013 2/06/2016 Southport

Alan Guyder

Non legal

28/06/2013 27/06/2016 Brisbane

Alan Snow

Non legal

28/06/2013 27/06/2016 Brisbane

Andrew Harris Legal 28/06/2013 27/06/2016 Brisbane

Andrew Mckenzie

Non legal

28/06/2013 27/06/2016 Brisbane

Bryan Carpenter

Non legal

28/06/2013 27/06/2016 Brisbane

Carol Ann Rolls Legal 28/06/2013 27/06/2016 Ipswich

Carole Watson

Non legal

28/06/2013 27/06/2016 Maroochydore

Deanna Minchio

Non legal

28/06/2013 27/06/2016 Townsville

Graeme Rogers

Non legal

28/06/2013 27/06/2016 Ipswich

James Anderson

Non legal

28/06/2013 27/06/2016 Southport

Jessica Mills

Non legal

28/06/2013 27/06/2016 Ipswich

Jim Gordon Legal 28/06/2013 27/06/2016 Brisbane

Jodie George

Non legal

28/06/2013 27/06/2016 Southport

Lisa Rennie Legal 28/06/2013 27/06/2016 Brisbane

Marcus Katter Legal 28/06/2013 27/06/2016 Brisbane

Mark Anthony

Non legal

28/06/2013 27/06/2016 Ipswich

Michael Francis Legal 28/06/2013 27/06/2016 Brisbane

Peter Dollman

Non legal

28/06/2013 27/06/2016 Brisbane

Raymond Kelly

Non legal

28/06/2013 27/06/2016 Maroochydore

Rob Martin Legal 28/06/2013 27/06/2016 Southport

Simon Cox

Non legal

28/06/2013 27/06/2016 Brisbane

Stuart Smith

Non legal

28/06/2013 27/06/2016 Southport

Victoria Laing-Short Legal 28/06/2013 27/06/2016 Ipswich

William Thomas

Non legal

28/06/2013 27/06/2016 Southport

Appendix 4 - QCAT practice directions

Practice direction Date effective Replaces

QCAT Practice Direction No 1 of 2012: Hybrid

hearings

3/09/12 n/a

QCAT Practice Direction No 1 of 2013: Notices to

produce

4/03/13 n/a

QCAT Practice Direction No 2 of 2013: Allocating

legal members to lists in QCAT

15/03/13 Practice Direction No 13 of

2010

QCAT Practice Direction No 3 of 2013: Hearings in

Administrative review proceedings

6/05/13 n/a

QCAT Practice Direction No 4 of 2013: Reserved

decisions and decisions on the papers

10/05/13 n/a

QCAT Practice Direction No 5 of 2013: Interest on

decisions by default for certain minor civil disputes

3/06/13 Practice Direction No 5 of

2009

QCAT Practice Direction No 6 of 2013: Identifying

proceedings, those appearing and witnesses to

QCAT matters

19/06/13 n/a

QCAT Annual Report 2012-13 | page 52

Appendix 5 – Compliance checklist

Summary of requirement Basis for requirement

Annual

report

reference

Letter of

compliance

• A letter of compliance from the

accountable officer or statutory body to the

relevant Minister

ARRs – section 8

Letter to AG

and Minister

for Justice,

page 3

• Table of contents

• Glossary

ARRs – section 10.1

Contents page

Glossary,

page 44

• Public availability

ARRs – section 10.2

About our

annual report,

page2

• Interpreter service statement

Queensland Government

Language Services Policy

ARRs – section 10.3

Interpreter

services, page

• Copyright notice

ARRs – section 10.4

notice page 2

Accessibility

• Information licensing

Queensland Government

Enterprise Architecture –

Information licensing

ARRs – section 10.5

GILF licence,

page 2

General

information

• Introductory Information

ARRs – section 11.1

Message from

the President

page 5;

Message from

the Executive

Director page

8; About us

page 14

• Agency role and main functions

ARRs – section 11.2

About us,

page 14

• Operating environment

ARRs – section 11.3

About us,

page14

• Machinery of Government changes

ARRs – section 11.4

Message from

the Executive

Director page

8, Our

workforce

page 20

• Government objectives for the community

ARRs – section 12.1

Message from

the Executive

Director report

page 8;

Cutting red

tape p 11,

Non-financial

performance

• Other whole-of-government plans / specific

initiatives

ARRs – section 12.2

Message from

the Executive

Director page

8; Priorities

page 10

QCAT Annual Report 2012-13 | page 53

Summary of requirement Basis for requirement

Annual

report

reference

• Agency objectives and performance

indicators

ARRs – section 12.3

Our achieve-

ments and

priorities page

12; Our year

page 12,

• Agency service areas, service standards

and other measures

ARRs – section 12.4

The QCAT

registry, page

• Summary of financial performance

ARRs – section 13.1

Two –year

financial

summary

page 13;

Financial

statement,

page 43

Financial

performance

• Chief Finance Officer (CFO) statement

ARRs – section 13.2 n/a

• Organisational structure

ARRs – section 14.1

Our

oganisational

structure,

page 15

• Executive management

ARRs – section 14.2

Our members

and

adjudicators

page 16; Our

governance

page 41

• Related entities

ARRs – section 14.3

Our

governance,

page 41;

Making

connections

page 38

• Boards and committees

ARRs – section 14.4

Our

governance

page 41

Governance –

management and

structure

• Public Sector Ethics Act 1994

Public Sector Ethics Act 1994

(section 23 and Schedule)

ARRs – section 14.5

Our

governance

page 41

• Risk management

ARRs – section 15.1

Our

governance

page 41

• External Scrutiny

ARRs – section 15.2

Message from

the President,

page 5;

Message from

the Executive

Director page

8; Making

connections

page 38

• Audit committee

ARRs – section 15.3 n/a

• Internal audit

ARRs – section 15.4 n/a

Governance –

risk management

and

accountability

• Public Sector Renewal Program

ARRs – section 15.5

Message from

the Executive

Director page

QCAT Annual Report 2012-13 | page 54

Summary of requirement Basis for requirement

Annual

report

reference

• Information systems and recordkeeping

ARRs – section 15.7

Our

governance

page 41

• Workforce planning, attraction and

retention and performance

ARRs – section 16.1

Our tribunal

members and

adjudicators

page 16 ; Our

workforce,

page 20

• Early retirement, redundancy and

retrenchment

Directive No.11/12 Early

Retirement, Redundancy and

Retrenchment

ARRs – section 16.2

Our

workforce

page 20

Governance –

human

resources

• Voluntary separation program

ARRs – section 16.3

Our

workforce

page 20

Open Data

• Open data

ARRs – section 17

About our

annual report

page 2

• Certification of financial statements

FAA – section 62

FPMS – sections 42, 43 and 50

ARRs – section 18.1

QCAT 2012-

13 audited

financial

statements

are published

within DJAG’s

annual report.

• Independent auditor’s report

FAA – section 62

FPMS – section 50

ARRs – section 18.2

QCAT 2012-

13 audited

financial

statements

are published

within DJAG’s

annual report

Financial

statements

• Remuneration disclosures

Financial Reporting

Requirements for Queensland

Government Agencies

ARRs – section 18.3

QCAT 2012-

13 audited

financial

statements

are published

within DJAG’s

annual report

FAA Financial Accountability Act 2009 FPMS Financial and Performance Management Standard 2009

ARRs Annual report requirements for Queensland Government agencies