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When is the deadline for requiring referral of an unconciliated complaint to qcat?

The catalogue records a 28 days period from Being notified that the complaint cannot be resolved by conciliation. This draft page remains free only until its source, worked example and limits are reviewed.

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In preparation

The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.

Example pending review

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Calculation basis and source

Period
28 days
Trigger
Being notified that the complaint cannot be resolved by conciliation
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • The commissioner may extend the time limit if (a) the complainant asks the commissioner, in writing, for an extension within the 28 days; and (b) the commissioner considers there are reasonable grounds for the request; and (c) the commissioner considers the extension will not cause undue hardship to the respondent (s 166(2)). The extension request itself must be made within the 28 days.
  • Work-related matters go to the Queensland Industrial Relations Commission, not QCAT; a mixed complaint goes to the industrial relations commission, which may transfer it to QCAT under s 193A. The clock stops while an extension request is pending: the day the request is made, the day written notice of the decision is given, and the period between them are not counted (s 166(3)); and if the request was made on the last day and is refused, the complainant may still require referral on the day of receiving the refusal or the next business day (s 166(4)). Corrected on verification: the researched entry stated the third extension condition as 'considers the extension appropriate' and omitted the s 166(3)-(4) stop-the-clock provisions, which change the computed date. Source: Anti-Discrimination Act 1991 (Qld) s 166, legislation.qld.gov.au current reprint.

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