Crime and Corruption Act 2001

A review of a reviewable decision is by way of rehearing on the evidence (original evidence) given in the proceeding before the original decision-maker (original proceeding).

However, QCAT may give leave to adduce fresh, additional or substituted evidence (new evidence) if satisfied—

the person seeking to adduce the new evidence did not know, or could not reasonably be expected to have known, of its existence at the original proceeding; or

in the special circumstances of the case, it would be unfair not to allow the person to adduce the new evidence.

If QCAT gives leave under subsection (2), the review is—

by way of rehearing on the original evidence; and

on the new evidence adduced.