QCAT RSL Mediators Information Kit 2021 Expression of Interest
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QCAT RSL Mediators Information Kit 2021 Expression of Interest
INTRODUCTION
QCAT recognises the diversity of our community. To ensure our membership reflects the community, we
encourage applicants from culturally and linguistically diverse backgrounds to apply.
This information kit is intended to assist people who may be interested in applying for appointment to the
Queensland Civil and Administrative Tribunal (QCAT).
This kit provides an overview of the purpose and operations of the Tribunal and details of the selection
criteria and process for appointment.
Further information about the Tribunal and its operations is available at www.qcat.qld.gov.au
AVAILABLE POSITIONS
Expressions of interest are sought from suitably qualified persons for appointment:
• Mediators to conduct the following mediations:
o Retail Shop Lease – disputes under the Retail Shop Leases Act 1994 (The RSL Act)
QCAT is committed to achieving a diverse Tribunal membership and strongly encourages applications from
Aboriginal and Torres Strait Islander peoples.
PART 1: THE TRIBUNAL AND ITS ROLE
Our vision
Fair and just outcomes
Our mission
To actively resolve disputes in a way that is fair, just, accessible, quick and inexpensive.
Our strategic priorities
Engaging with the community
Service delivery
Effective dispute resolution
Investing in our people
Managing the Tribunal
About QCAT
QCAT is an independent statutory body established under the Queensland Civil and Administrative
Tribunal Act 2009 (the QCAT Act). QCAT began operations on 1 December 2009.
QCAT’s jurisdiction is conferred on it by the QCAT Act, and over 180 pieces of legislation. The full list of
acts which confer jurisdictions on QCAT may be accessed online at
https://www.qcat.qld.gov.au/resources/qcat-rules-and-legislation
To achieve the objects of the legislation, QCAT must:
a) facilitate access to its services throughout Queensland;
b) encourage the early and economical resolution of disputes before the Tribunal, including, if
appropriate, through alternative dispute resolution processes;
c) ensure proceedings are conducted in an informal way that minimises costs to parties, and is as
quick as is consistent with achieving justice;
d) ensure like cases are treated alike;
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eDOCS #5527542e) ensure the Tribunal is accessible and responsive to the diverse needs of persons who use the
Tribunal;
f) maintain specialist knowledge, expertise and experience of Members and Adjudicators;
g) ensure the appropriate use of the knowledge, expertise and experience of Members and
Adjudicators;
h) encourage Members and Adjudicators to act in a way that promotes the collegiate nature of the
Tribunal; and
i) maintain a cohesive organisational structure.
QCAT falls within the ministerial responsibility of the Attorney-General.
The Tribunal is led by a President who is a Supreme Court Judge and a Deputy President who is a District
Court Judge.
Members, Adjudicators and Justice of the Peace (JPs) panels decide matters before the Tribunal and are
independent statutory appointments.
The Tribunal is supported by a registry which acts as the administrative arm of the Tribunal. The registry is
led by an Executive Director and Principal Registrar.
Jurisdiction
The Tribunal operates in three divisions to reflect the various kinds of jurisdictions.
The Human Rights division deals with guardianship and administration, child protection and anti-
discrimination matters.
The Civil Disputes division deals with minor civil disputes, minor debts, residential and retail tenancy
disputes, building disputes and other complex civil disputes.
The Administrative and Disciplinary division deals with reviews of administrative decisions of various
Queensland Government departments, local governments or regulatory authorities. It also deals with
disciplinary matters for various professions.
QCAT may have original and review jurisdiction in each division.
For example, the Administrative and Disciplinary division has original jurisdiction for the more serious
disciplinary matters, as well as review jurisdiction for the review of administrative decisions. The Human
Rights division has original jurisdiction to deal with guardianship and administration matters and anti-
discrimination matters, and review jurisdiction for some child protection matters.
QCAT also has an appeal jurisdiction where certain decisions of QCAT and decisions of other entities may
be appealed to QCAT’s Appeal Tribunal.
Appeals from decisions made by the Appeal Tribunal or decisions made by Judicial Members of QCAT, lie
to the Court of Appeal.
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eDOCS #5527542PART 2: QCAT MEDIATIONS
QCAT conducts pre-Tribunal mediations under the Retail Shop Leases Act 1994 under a delegation of the
Director-General of the Department of Justice and Attorney-General.
QCAT RSL Mediator Eligibility Criteria:
To be eligible as a QCAT mediator you must be placed to perform RSL mediations.
For mediators to be appointed to QCAT’s RSL Mediator Panel to conduct RSL Mediations they must satisfy
each of the following required criteria.
Criteria (required)
• Have satisfactorily completed a nationally recognised mediation training course of not less than 4
days (or 28 hours if comprised of more than one mediation workshop with no more than nine
months between workshops) and
• Hold current national mediation accreditation and
• Have a minimum of 2 years mediation experience and
• Have demonstrated, specialised expertise and knowledge in a relevant field (for example, retail
leasing, small business, building and construction, contracts, franchising etc.)
Other, additional criteria
• Registered with an Australian Business Number (ABN)
Insurance
The minimum public liability and professional indemnity insurance requirements are:
• Public liability insurance to the value of $10 million (AUD) and
• Professional indemnity insurance (at the minimum level of cover required for the individual’s
normal mediation services).
PART 3: MEDIATOR REQUIREMENTS
Mediators are expected to provide independent and impartial support to the parties in mediation to identify,
clarify and explore issues to generate and consider options and to make decisions about future actions and
outcomes.
Mediators appointed to QCAT’s Mediator Panel to conduction QCAT Mediations you must:
• Be independent and impartial (be free of any obvious conflicts of interest)
• Behave courteously, professionally and with tolerance in their dealing with parties and others
• Be able to describe and explain the mediation process that is to be used
• Provide an outline of the mediation process to the parties, each party’s role, the benefits and
risks of the process, what outcomes may result and what other alternatives are available to
the parties
• Discuss the confidentiality of the mediation process with the parties including any limitations on
confidentiality
• Outline the role of the mediator including that the mediator is an independent and impartial, that
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eDOCS #5527542mediation is not legal advice, and that an agreement reached in mediation may be in the form of
a settlement agreement or given effect by a variation to an eligible lease.
• Where there is agreement between the parties at the conclusion of the mediation, prepare a
settlement agreement that sets out the terms of the agreement
• Retain relevant and appropriate records of mediation and destroy records in accordance with
regulations
• Ensure the mediation process is followed and that any relevant notices or other information
required from the mediator is provided to the QCAT Registry after mediation.
• Maintain their contact and banking details with QCAT.
• Maintain any relevant public liability insurance, indemnity and mediator accreditation
• Comply with any relevant legislation, professional standards and applicable Queensland
Government policies.
Please note that mediation work performed in the fields relevant to the functions of QCAT will be highly
regarded (such as mediating disputes relating to Minor Civil Disputes, contracts, tenancies etc.).
Mediators are expected to participate in their own ongoing professional development, meeting all of the
requirements for accreditation as a mediator. The mediator must in their Expression of Interest,
demonstrate to QCAT how they meet the professional development requirements for accreditation.
PART 4: APPOINTMENT TO THE QCAT RSL MEDIATOR PANEL INCLUDING MEDIATOR
RESPONSIBILITIES
To be appointed to QCAT’s Mediator Panel to provide mediation services in relation to QCAT mediations
referred to at Part 2 above you must meet the QCAT Mediator Eligibility Criteria at Part 2 above.
For each Expression of Interest which meets the QCAT Mediator Eligibility Criteria, QCAT will then decide
through the Expression of Interest process if the mediator will be appointed as a QCAT Mediator and offer
the mediator an Agreement with the Department of Justice and Attorney General (the Queensland
Government) for the Supply of Mediation Services. The Supplier Agreement addresses a range of
obligations including performance benchmarks.
PART 5: TERMS AND CONDITIONS OF APPOINTMENT
Criminal history checks
A criminal history check is necessary before any new appointment is made to the Tribunal. Prospective
QCAT Mediators will be asked to consent to a check as part of the application process.
Further information
For further information about statutory appointments please refer to the following general information guide.
PART 6: FEES FOR MEDIATION SERVICES
Mediators appointed to QCAT’s Mediator Panel as detailed in the Agreement for the supply of Mediation
Services will be paid $110.00 (including GST) per hour for mediation services provided in relation to cases
assigned to the mediator by QCAT. This includes all costs associated with the case (e.g. phone calls, prep,
mediation). Remuneration rates, allowances, terms and conditions will be confirmed on appointment.
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eDOCS #5527542Mediators will be asked to provide evidence in relation to invoices for mediation services.
PART 7: HOW TO APPLY including SUPPORTING INFORMATION
Your expression of interest must include the following documents – listed also in the checklist at Appendix
1:
1. Current national mediation accreditation; and
2. Copy of your current public liability insurance; and
3. Copy of my current professional indemnity insurance application: completed Application for
Appointment to the QCAT Mediator Panel
Form (Appendix 1); and
4. Your response to the QCAT RSL Mediator Eligibility Criteria which must not exceed two pages.
The Mediator Eligibility Criteria at Part 2 details the particular abilities, skills, knowledge,
qualifications and other requirements needed to achieve the outcomes of the position. As each
mediator is entirely responsible for their own professional development, applicants must address
how they meet their professional development requirements for accreditation as a mediator; and
5. Completed referee reports from two (2) accredited mediators working in Queensland (or another
State or Territory) who are placed to speak to your mediation experience, including success rate;
your ability to communicate effectively with parties; also your commitment to your professional
development; and
6. Police Vetting Service, Australian Request and Consent Form: Completed Consent to Criminal
History Form.
Application and Appointment Process
The term of appointment is five years.
If a mediator is interested in conducting QCAT mediations for QCAT, an application must be sent via email
to QCAT.HR@justice.qld.gov.au. The application must be in the approved form (see Appendix 1 –
Application for appointment to the Mediator Panel) and accompanied by any relevant supporting
information.
Please ensure all of the above documents including referee reports x 2 are submitted as part of your
application. If you do not include these documents, your application may be excluded from the
selection process.
Upon receiving an application, an officer from QCAT will assess the application against the requirements
outlined in this information pack. The assessing officer will then make a recommendation to the Principal
Registrar (or delegate) who will decide if the mediator will be appointed to the Mediator Panel.
If the appointment is approved, the mediator will be offered to enter into a supplier agreement with the
Department of Justice and Attorney General (the Queensland Government). Upon signing the agreement,
the mediator’s name, address and contact details will be added to the Mediator Panel. The mediator will
then receive a letter of appointment. The Assistance Team can then contact mediators and offer cases for
mediation.
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eDOCS #5527542Mediators will be engaged on a case-by-case basis – please note that there is no guarantee of minimum
work. By applying to be appointed to the Mediator Panel, applicants agree to comply with the requirements
outlined in this information pack.
Lodging your application
Your application must be lodged in one of the following ways:
In person:
Marked “Private and Confidential”
Attention: Executive Director and Principal Registrar
Queensland Civil and Administrative Tribunal
Level 11, 259 Queen Street
Brisbane QLD 4000
Post:
Marked “Private and Confidential”
Attention: Executive Director and Principal Registrar
Queensland Civil and Administrative Tribunal
GPO Box 1639
Brisbane QLD 4001
Email: QCAT.HR@justice.qld.gov.au
Applications must be lodged by 5:00pm on Friday 2 April 2021
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eDOCS #5527542APPENDIX 1: APPLICATION FOR APPOINTMENT TO THE QCAT RSL MEDIATOR PANEL
The application for appointment to the Mediator Panel is used by a person (the applicant) to demonstrate that they meet the requirements in
the Queensland Civil and Administrative Tribunal Mediator Information Pack.
Details of Applicant
Full name: Address: ___________________________________________________________
Telephone:
ABN: Email: ___________________________________________________________
Mediator requirements
The applicant must demonstrate that they meet the mediator requirements including:
Requirements Yes No
1. Have satisfactorily completed a nationally recognised mediation training course of not less than 4 days (or 28 hours if ☐ ☐
comprised of more than one mediation workshop with no more than nine months between workshops)
2. Hold current national mediation accreditation ☐ ☐
3. I have a minimum of 2 years mediation experience ☐ ☐
4. Have demonstrated, specialized expertise and knowledge in a relevant field (for example, retail leasing, small business, ☐ ☐
building and construction, contracts, franchising etc.)
The applicant must provide the following supporting information with their application:
Yes No
Requirements
Supporting Information to provide with your application
6. I have attached a copy of my current national mediation accreditation ☐ ☐
7. I have attached a copy of my current public liability insurance to the value of $1 million (AUD) ☐ ☐
8. I have attached a copy of my current professional indemnity insurance (at the minimum level of cover required for my ☐ ☐
normal mediation services).
9. I have attached my resume or curriculum vitae in relation to my mediation and small business (or equivalent) experience ☐ ☐
10. I have attached my response to the Mediator Eligibility Criteria at Part 2 ☐ ☐
11. I have attached my completed referee reports from two (2) accredited mediators working in Queensland (or another State or ☐ ☐
Territory). Response must address your approach to professional development to meet the requirements of accreditation.
12. I have attached signed Police Vetting Service Australian Request and Consent Form (Criminal History Consent Form) ☐ ☐
Referees
The following referees are accredited mediators working in Queensland (or another State or Territory) and I can confirm that the referees
have knowledge of my national accreditation as a mediator and have agreed to vouch for my experience providing relevant mediation
services.
Full name:
Telephone:
Email:
Full name:
Telephone:
Email
Declaration by applicant
☐ I agree to comply with all requirements set out in the Queensland Civil and Administrative Tribunal Mediator Information Pack.
☐ I agree for my name and contact details to be included on the Mediator Panel and released to relevant parties.
☐ I declare that the information contained in this application is true and correct to the best of my knowledge and belief.
Signature: Date:
Privacy Statement
The Queensland Civil and Administrative Tribunal (QCAT), as part of the Department of Justice and Attorney General, collects personal
information from you including your name, email address, address and telephone number. QCAT collects your personal information to
perform specific government functions. QCAT will only use your personal information for these functions. Your personal information will be
stored on a secure database hosted by the Department of Justice and Attorney General accessible only by QCAT authorised officers. Your
personal information may be shared with other Queensland government departments to perform these functions. Your personal information
will be handled in accordance with the Information Privacy Act 2009 and will otherwise not be used or disclosed unless authorised or required
by law.
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