Actions in Respect of Administrative Appeals
| Nature of action | Time Limit Period | Legislation | Provision |
| Appeals to the Federal Court of Australia from a decision of the Administrative Appeals Tribunal | 28 days after the day on which the document setting out the terms of the decision of the tribunal is given to the person, OR
Within such further time as the Federal Court of Appeal allows. |
s 44 Administrative Appeals Tribunal Act 1975 (Cth) | Appeal on questions of law or standing. |
| Appeals to the Queensland Civil and Administrative Tribunal (QCAT) (constituted as an appeal tribunal under s165) from a decision of the tribunal itself, where a judicial member did not constitute the tribunal
OR Appeal against a decision made under an Act that confers appeal jurisdiction upon QCAT. |
28 days after the day the person is given written reasons for the decision being appealed against OR
21 days after leave is given, if the appeal tribunal’s leave is required for the appeal OR Within such time as an enabling Act may prescribe. |
ss 142 and 143 Queensland Civil and Administrative Tribunal Act 2009 (Qld) | s 142 Queensland Civil and Administrative Tribunal Act 2009 (Qld)
A party may appeal to the appeal tribunal if a judicial member did not constitute the tribunal. A party cannot appeal to the appeal tribunal about a decision by the tribunal to accept or reject an application or referral (under s 35), a decision to set aside a decision by default (under s 51) or a cost-amount decision. The appeal tribunal’s leave to appeal must be sought for: i. a decision in a proceeding for a minor civil dispute; ii. a decision that is not the tribunal’s final decision in a proceeding; or iii. a costs order. The appeal tribunal’s leave to appeal must also be sought for an appeal on a question of fact or a question of mixed law and fact. |
| Appeal from QCAT to the Court of Appeal against:
a cost amount decision of the tribunal, whether or not a judicial member constituted the tribunal in the proceeding OR another decision of the tribunal in the proceeding if a judicial member constituted the tribunal in the proceeding OR a decision of the appeal tribunal to refuse an application for leave to appeal to the appeal tribunal OR a cost amount decision of the appeal tribunal OR the final decision of the appeal tribunal. |
28 days after the day the person is given written reasons for the decision being appealed against. | ss 149-151 Queensland Civil and Administrative Tribunal 2009 (Qld) | Appeal must be lodged with 28 days of:
1. the day the person is given written reasons for the decision being appealed against; or 2. the day that an application about the decision being appealed is finally dealt with under part 7, div 5, 6 or 7; or 3. if written reasons have not been given and reasons have not been requested or are not required to be given, the day the person received the notice of the decision. An appeal against a cost amount may be made only on a question of law and only if the party has obtained the court’s leave to appeal. An appeal against on a question of fact, or a question of mixed law and fact, may be made only if the party has obtained the court’s leave to appeal. A party cannot appeal to the Court of Appeal about a decision by the tribunal to accept or reject an application or referral (under s 35). |