Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
As Attorney-General, introduced and defended the bill as delivering on the Palaszczuk government's election commitment to improve consumer protections for vehicle buyers, particularly addressing 'lemon' vehicles by increasing QCAT's jurisdictional limit from $25,000 to $100,000.
“This bill is a significant step forward in protecting the rights of Queenslanders by improving fairness and providing greater rights for Queenslanders buying a vehicle.”— 2019-04-02View Hansard
Announced the opposition will not oppose the bill and acknowledged the reforms as necessary, but expressed significant concerns about QCAT resourcing, citing warnings from QCAT President Justice Daubney and Queensland Law Society President Bill Potts that QCAT is under-resourced.
“The opposition is very happy to support the bill. These are necessary reforms to lemon laws and, indeed, to the operational efficiency of QCAT and the operation of the jurisdiction administratively throughout Queensland.”— 2019-04-02View Hansard
Spoke as committee member in support, highlighting the bill's dual purpose of implementing QCAT Act review recommendations and delivering on the government's promise to help purchasers of lemon vehicles, commending advocate Connie Cicchini for her work on the reforms.
“The purchase of a lemon vehicle can impose a lot of unfair stress on an individual or a family. A vehicle is often a large expense to a family budget.”— 2019-04-02View Hansard
Supported the bill as a step in the right direction but submitted a statement of reservation regarding QCAT funding, arguing that the $500,000 one-off allocation would be insufficient to handle the increased workload from the expanded jurisdiction.
“I believe this is a step in the right direction. I put in a statement of reservation in relation to the funding of QCAT.”— 2019-04-02View Hansard
Spoke in support of the bill as delivering on a Palaszczuk government election commitment to increase consumer protections for people sold faulty motor vehicles, noting the significance of car purchases for many families.
“Put simply, this bill will increase the consumer protections of people sold new and old motor vehicles that are duds—also known as lemons.”— 2019-04-02View Hansard
Plain English Summary
Overview
This bill strengthens consumer protections for Queenslanders buying motor vehicles and improves the efficiency of the state's civil tribunal (QCAT). It raises the tribunal's limit for motor vehicle disputes from $25,000 to $100,000 and reinstates warranty protections for older used vehicles that were removed in 2014.
Who it affects
Vehicle buyers gain better access to dispute resolution and warranty protections, while motor dealers must provide warranties for older used vehicles. QCAT users benefit from new conciliation options and more flexible procedures.
Motor vehicle consumer protections
Makes it easier and cheaper for vehicle buyers to pursue disputes by raising QCAT's jurisdiction from $25,000 to $100,000. Reinstates statutory warranties for older used vehicles (over 10 years old or 160,000km) sold by dealers.
- QCAT can now hear motor vehicle disputes worth up to $100,000 (previously $25,000)
- Statutory warranties reinstated for older used vehicles that were excluded since 2014
- Protections extended to motorhomes and caravans under consumer law
- Expedited hearings available for claims under $25,000
QCAT operational improvements
Implements recommendations from the statutory review to make the tribunal more efficient and flexible, including new dispute resolution options and improved procedures.
- New conciliation process introduced alongside existing mediation
- Proceedings dismissed in error can now be reinstated
- Stay orders can now apply to part of a decision and include conditions
- Pool of acting senior members created to fill temporary vacancies
Tenancy jurisdiction
Clarifies that QCAT's jurisdiction for residential tenancy disputes is limited to $25,000, with larger claims going to court.
- Tenancy claims over $25,000 must go to court, not QCAT
- Existing tenancy matters over $25,000 will be transferred to court