Appeals and payment
If you are unhappy with one of our decisions, you can apply to the Queensland Civil and Administrative Tribunal (QCAT). This must be within 28 days of receiving our decision. QCAT is an independent body with the power to make legally binding decisions.
The review process
To begin the review, you will need to:
- submit the QCAT form
- provide a copy of the form to the agent or dealer and a copy to us.
Once you do, QCAT will schedule a review hearing to make a decision. They encourage you to represent yourself at the hearing, but may allow you to appoint a lawyer in a more complex case. We cannot represent you.
They will invite the agent or dealer to take part in the review. If they don’t attend, QCAT can make a decision in their absence.
Once QCAT has made a decision, they will send you and the agent or dealer a notice explaining their decision.
QCAT may order that you or the agent or dealer pay costs. This means that you might have to reimburse them for anything they spent on defending against your claim.
QCAT may decide costs based on:
- what decision they reached
- whether your claim was strong or weak
- how you or the agent or dealer behaved through the hearing
- whether the claim was complex
- if they consider anything else to be relevant.
The decision is legally binding unless you or the agent or dealer makes an appeal. You must do so within 28 days.
You have options if you aren’t satisfied with a QCAT decision. You must appeal within 28 days. After this time, QCAT’s decision is final.
This might be:
- a complex claim that we referred directly to them
- a review of a simple claim.
You can appeal to the:
- QCAT Internal Appeal Tribunal
- Court of Appeal (but only for an error of law or jurisdiction).
Seek independent legal advice before you launch an appeal.
If a decision is made in your favour, either by us, QCAT or on appeal, we can make the payment to you from the claim fund. However, we will not pay your claim before the 28 day appeal period ends.
Once this time passes, we will usually pay within 21 days.