A breach of s 38(4) of the Acts Interpretation Act 1954 (Qld), which requires an act to be done 'as soon as possible' where no time is specified, does not invalidate a referral by a regulatory board to QCAT under a disciplinary scheme. Non-compliance with s 38(4) is a matter that may be raised as an abuse of process or unnecessary disadvantage if prejudice is shown, but does not deprive the Tribunal of jurisdiction. Re Conset Investments Pty Ltd [1993] 2 Qd R 244 should not be followed to the extent it holds that non-compliance with the 'as soon as possible' requirement renders a proceeding incompetent without consideration of prejudice. Sections 50-52 of the Valuers Registration Act do not impose an absolute duty on the Board to refer a matter to QCAT upon a valuer's request; the Board retains options including reconsideration of its original decision.
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