Is QCAT (still) a court? Super-tribunals and Ch III of the Constitution
A seminar jointly sponsored by the Queensland Chapter of the Australian Association of Constitutional Law, the University of Queensland Law School and the Crown Law department of the Queensland Government.
Abstract
In Owen v Menzies [2013] 2 Qd R 327, the Court of Appeal held that the Queensland Civil and Administrative Tribunal is a ‘court’ for the purposes of Ch III of the Constitution. Recently, in Burns v Corbett (2018) 92 ALJR 423, the High Court held that State tribunals that are not courts cannot exercise judicial power in the kinds of matters listed in ss 75 and 76 of the Constitution (including, for example, matters between residents of different States). Since Burns, decisions in New South Wales and South Australia have found that their super-tribunals are not Ch III courts. In light of these developments, is QCAT still a court? And what does the fallout from Burns v Corbett mean for Queensland?
Presenters
The Honourable Alan Wilson QC was appointed to the District Court in 2001 and managed the Planning and Environment Court between 2003 and 2008. He was appointed to the Supreme Court in 2009 and served as the inaugural president of the Queensland Civil and Administrative Tribunal until 2013. After retiring from the bench in 2015, he chaired the Taskforce on Organised Crime Legislation from 2015 to 2016.
Gim Del Villar was the associate to the Honourable Ian Callinan of the High Court, before working in the Constitutional Policy Unit of the Commonwealth Attorney-General’s Department, and later as counsel assisting the Commonwealth Solicitor-General. He was called to the bar in 2008 and has appeared in many constitutional matters, including Owen v Menzies [2013] 2 Qd R 327, in which the Court of Appeal held that the Queensland Civil and Administrative Tribunal is a ‘court’ for the purposes of Ch III of the Constitution.
Dr Rebecca Ananian-Welsh is a Senior Lecturer at the TC Beirne School of Law, University of Queensland. Her research focuses on judges and courts, as well as on national security law and press freedom. She has written extensively on Ch III of the Constitution and the repercussions for State courts. In 2017, she was nominated for a Queensland Literary Award and awarded the TC Beirne School of Law Award for Research Excellence.
Please note: attendees must have registered, and must bring photo ID and sign in at security.
About Current Constitutional Controversies - Occasional Colloquium Series
This series is a joint initiative of:
Current Constitutional Controversies is a high-profile colloquium series dedicated to timely and incisive discussion of the most important constitutional cases decided by the High Court each year, and other topical questions of constitutional law.
The series, presented by the UQ Law School and the Queensland Chapter of the Australian Association of Constitutional Law, provides a forum for leading scholars, practitioners and members of the judiciary to analyse and discuss current constitutional issues.
Attendance
Attendance is on a RSVP basis and restricted to numbers appropriate to a colloquium format.
Papers
Due to the informal nature of the event, speakers will not necessarily prepare written papers. If a paper is written for distribution it will be made available through this website. A hard copy will not be provided at the colloquium itself.
Venue
107 North Quay
Brisbane QLD 4000