Appealing administrative authority decisions
You can appeal to the Supreme Court against a decision by various administrative authorities.
There is a fee for filing a notice of appeal in the Supreme Court.
Below is a list of some of the appeals you can make to the Supreme Court and Court of Appeal. This is not a comprehensive list.
Appealing a QCAT decision
Whether your application to appeal must be made to the QCAT Appeal Tribunal or the Court of Appeal (Supreme Court) will depend upon the QCAT decision-maker who decided your case.
There are different types of QCAT decision-makers. You need to determine this before you begin the appeal process.
When you receive a copy of your decision, the decision will say which type of QCAT decision-maker made the decision. The types of QCAT decision-makers include:
Judicial Members: The President and Deputy President, supplementary Members who are Supreme or District Court Judges, Members who are former Judges (when nominated by President to make decision as Judicial Member).
Senior, Ordinary and Sessional Members: Most common decision-makers in most QCAT cases.
Adjudicators: Most common decision-makers in minor civil dispute cases, which includes Judicial Registrars and Magistrates (sitting as Ordinary Members).
Justices of the Peace: Decision-makers who only consider some minor civil dispute cases.
In determining where you must appeal the decision, there are several factors that affect whether you must lodge your appeal with the QCAT Appeal Tribunal or in the Court of Appeal (Supreme Court). Generally, most parties will not make an application to the Court of Appeal, as only very limited decisions must be made to the Court of Appeal (Supreme Court).
Refer to the QCAT website to read more about appealing a QCAT decision. This will assist you with understanding which decisions you can appeal to the QCAT Appeal Tribunal, or in limited circumstances to the Court of Appeal (Supreme Court), and the grounds you can bring the appeal under in either forum.
Appealing to a single judge of the Supreme Court
The appeals below should be made to a judge of the Supreme Court. They are known as single judge appeals.
If your appeal doesn’t involve a question of law, first seek the court’s permission by filing Form 69 - Application to court of appeal at the Supreme Court registry.
If your appeal concerns a question of law, start by filing Form 64 - Notice of appeal at the Supreme Court registry.
Appealing decisions of the Commissioner of State Revenue (CSR)
You may appeal a CSR decision on the taxpayer’s objection under the Taxation Administration Act 2001 either to the Supreme Court or by applying to QCAT for a review of the decision (see s. 69 of the Act).
You can’t appeal unless you’ve paid all the tax and any interest owing because of late payment.
File Form 64 - Notice of appeal within 60 days of receiving notice of the commissioner’s decision. Then give the CSR written notice of the appeal within 7 days of filing the notice. The Supreme Court can’t extend the time for filing the notice.
The notice of appeal must state the grounds of your appeal and the facts you rely on. Unless the court orders otherwise, the grounds must be limited to the grounds of your objection.
As the appellant, it’s your responsibility to prove the assessment was excessive.
Occasionally, the CSR may make a reassessment after you start an appeal against the assessment. If this occurs, you may:
- continue or withdraw the existing appeal
- change the grounds of the appeal by filing another Form 64 - Notice of appeal with the Supreme Court registry.
You may change the grounds of the appeal to support your objection to the reassessment.
Appealing sterilisation decisions under Guardianship and Administration Act
Under s. 80O of the Guardianship and Administration Act 2000, an active party may appeal a QCAT decision regarding sterilisation of a child with impairment to the Supreme Court. If your appeal doesn’t concern a question of law, you must seek the court’s permission.