When is the deadline for qcat application to reopen a proceeding?
The catalogue records a 28 days period from The 'relevant day' for the decision. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The 'relevant day' for the decision
- Counting
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- QCAT Act s 61(1)(b): the tribunal may extend the time even after it has passed, subject to s 61(3).
- The period is not in the Act: s 138(2)(b) delegates it to the Rules, so both must be cited. A reopening application cannot be made in relation to a decision that is the subject of an appeal or application for leave to appeal under pt 8, whether or not decided (s 138(5)-(6)). The applicant party must be allowed at least 7 days after the application is made to make written submissions (r 93(2)(a)) and each other party at least 7 days after being given a copy of the application (r 93(2)(b), (3)). The tribunal's decision on the application is final and not challengeable (s 139(5)). Corrected on verification: the researched entry cited r 93(2)(a) for the other parties' submission period; on the text r 93(2)(a) governs the applicant party and r 93(2)(b) the other parties. Source: Queensland Civil and Administrative Tribunal Rules 2009 (Qld) r 93, legislation.qld.gov.au current reprint.