Insurer Report

There have been a few important learnings come out of the QIRC recently in relation to insurers' rights in an appeal.

 

The QIRC recently discussed with Q-COMP the issue that insurers have no right to be heard in an appeal.

 

Sometimes self-insurers, when applying for a right to be heard to the QIRC apply calling themselves the 'self insurance unit' rather than applying as the 'employer' in the matter. In order to protect your right to be heard with the QIRC it may help if you remember to lodge your application to intervene "as the employer".

 

The second matter of interest relates to a recent appeal where a self-insurer and their solicitor were unhappy with Q-COMP after they failed to intervene after a significant period had passed after being put on notice that Q-COMP would be conceding the appeal.

 

Q-COMP is subject to the same rules of the Industrial Magistrates Court and the QIRC.  In the following extract from a recent Transcript of Proceedings, Deputy President Bloomfield raises the issue of intervening.

 

"Now, if there is some belated application by someone else to become interested in the matter, they might have to go through different processes to get their views heard. Can I just record that it's not the role of Q-COMP to chase up a party that expresses some interest in the outcome of the appeal and then doesn't see fit to pursue the appropriate methods to get themselves involved. I do not see that it is the Commission's role to chase up people who might be out there in the ether somewhere, who claim to have a view in a proceeding in the Commission. My view is that they've got - if they've got a real and genuine interest in the proceedings, it's up to them to bring that real and genuine interest to the attention of the Commission before the matters are heard and determined, and given that this matter was set down quite some time ago for final mention to make sure everything was going to go ahead on the 17th, and people putting - sorry, people from the Department, according to your instructions, Mr McLeod, have had notice of today's proceedings, it's a classic cliché, bad luck, Donald Duck. If you're not here, life moves on."