Many residents contact our office seeking help with legal matters; however, it is important to understand the role of a Member of Parliament (MP) and the separation of powers that exists as part of our government system.
One of the most important aspects of our legal system is the clear separation of powers between the lawmakers (the government) and those that apply the law (magistrates, judges and the tribunal decision-makers). Our system of democracy is built upon judicial independence. This means that the courts as well as tribunals, such as the Queensland Civil and Administrative Tribunal (QCAT) and the Queensland Building and Construction Commission (QBCC), have the responsibility to interpret the law and determine cases before them without government(political) interference, with review and appeals processes available when there are concerns regarding outcomes.
A basic outline of the Separation of Powers is below:
THE LEGISLATURE
Queensland Parliament (MPs) – make the laws.
THE EXECUTIVE
Government and Ministers – administer the laws.
THE JUDICIARY
Courts (including tribunals) – interprets and adjudicates upon the laws.
As part of The Legislature, it is not appropriate for an MP or a minister as part of The Executive, to comment on decisions made in relation to a matter before courts or tribunals or to intervene in any such cases. This includes anything that requires interpretation on whether something that has or is occurring is lawful under legislation or not. This is clearly the role of The Judiciary (courts and tribunals) which is completely independent from the role of The Legislature (MPs) or The Executive (Ministers).
While the independence of the Judiciary prevents an MP or Minister from commenting or intervening in anything within the legal realm, concerns can be raised regarding general failures of processes. Usually, this would be with the Attorney General or whomever has oversight of a particular tribunal. However, it is important for residents to understand that this will not replace review or appeals processes available in each specific case and it is important for residents to avail themselves of these processes whenever applicable and within the timeframes permitted.
The government also has mechanisms and review processes in place to ensure the objectives of each tribunal remain valid and are being met. For example, the QCAT Act requires the Act be reviewed every five years, with a review currently underway at the time of writing and expected to be completed by 30 April 2026. This review examines systemic issues and identifies improvements to ensure QCAT continues to meet the needs of Queenslanders.
Reviews of this nature include public consultation during which residents can provide submissions. More regarding these options can be found at www.justice.qld.gov.au/community-engagement/community-consultation with the terms and references for the current QCAT review available at www.publications.qld.gov.au/dataset/qcat-act-2009-review/resource/9487298e-a9c8-4998-b2a7-ac362ecfed26.
In addition to review and appeal processes, residents are always welcome to seek independent legal advice. There are several options available for pro bono legal advice including below:
- Community Legal Centres Queensland have information on various legal centres available and the type of assistance available at communitylegalqld.org.au
- Locally we have Suncoast Community Legal Service who can be contacted via (07) 5376 7800, reception@suncoastcommunitylegal.org or visit their website suncoastcommunitylegal.org
- Many such as LawRight can also provide legal advice or assistance throughout Queensland and for those requiring assistance with QCAT specifically you can email cts@lawright.org.au, call them regarding any issue via (07) 3564 7561, or visit their website at www.lawright.org.au
- Further information about QCAT appeals processes and where to obtain legal advice is also available on QCAT’s website at qcat.qld.gov.au
- Further information regarding QBCC complaints and disputes can be found at qbcc.qld.gov.au/complaints-disputes
Although examples have been given primarily for QCAT, for Noosa Electorate residents requiring further information regarding avenues available for reporting systemic failures of other tribunals, please email our office via noosa@parliament.qld.gov.au
Further information
To contact the Queensland Attorney General, email attorney.general@ministerial.qld.gov.au. Please cc’ our office in via noosa@parliament.qld.gov.au and forward us any response you receive.
Advocacy has continued regarding the community’s frustration around the length of time for civil court decisions, with our latest update at www.sandybolton.com/queensland-court-timeframes-update-february-2025 as well frustration regarding QBCC at www.sandybolton.com/?s=qbcc.
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