Appeal a review decision - a worker's step-by-step guide

Workers, claimants and employers who are unhappy with a Q-COMP review decision can appeal to either the Industrial Magistrates Court or the Queensland Industrial Relations Commission (QIRC) within 20 business days of receiving the decision. Q-COMP defends the review decision in the Court or Commission. The parties to an appeal are:

• the appellant—the person who files the appeal
• the respondent—Q-COMP.

If your employer appeals against a review decision, you have a right as a worker or claimant to join the court action as a party to the appeal. Tell the Court or Commission if you want to make representations to the Court or Commission during the appeal. You pay the costs of any solicitor or third party that you hire—contact the Queensland Law Society or the Workers' Compensation Advisory Service (Queensland Council of Unions toll free: 1800 102 166) for more information on how they can help. You don’t need to be a member of a union to contact the QCU.

On receipt of the Appeal a Q-COMP appeals officer is allocated to manage your case.  You can contact the appeals officer at anytime to ask questions or discuss your case with them.

Step 1: Prepare your written Notice of Appeal

There is no approved form for the Industrial Magistrates Court but the notice must be in writing—or you can use the Notice of appeal - Magistrates Court form (DOC 27.0 kb). If you are filing in the QIRC, use the form located on their website (under Forms – Appeals against Q-COMP Review Decisions). Explain why you are unhappy with the review decision (these are the 'grounds of your appeal'). This may assist in the appeal process.

Step 2: File your appeal within 20 business days of receiving the review decision

File your written Notice of Appeal in person, by post or by fax* with either:

• the Industrial Magistrates Court nearest where you live or at a Court agreed with Q-COMP, or;
• the Industrial Registry:
  
  Queensland Industrial Relations Commission
  18th Floor Central Plaza 2
  66 Eagle Street
  BRISBANE QLD 4000

*post the original if faxing

Step 3: Send a copy of the Notice of Appeal to Q-COMP within 10 business days of filing in the Court/Commission.

Send to :
Q-COMP Appeals Unit
PO Box 10119 
Adelaide Street
Brisbane QLD 4000

Step 4: Appear at the Court/Commission ‘callover’

The Court or Commission sends you a notice with a date to appear at a 'callover'—the appeal is not determined at this time. Before your callover, you could discuss your matter with one of our appeals officers or seek legal advice. At callover, the Court/Commission will need to know:

• whether you are ready to proceed with the hearing
• the number of witnesses and their availability
• how long the hearing is likely to take.

They will then set a hearing date.

For QIRC appeals – if you choose to meet with Q-COMP at a conference, the Commission will contact you to arrange a time. A Commissioner attends the conference to help the parties to discuss the issues and try to resolve the appeal without a hearing. If the appeal is not resolved, the Commissioner will order the matter be listed for a callover and a hearing date set. If you are not ready to go to a hearing, your matter may be given a ‘mention’ date where the parties must again let the Court/Commission know if they are ready to proceed.

Note: the Commission will issue a Directions Order with orders to be completed by the parties before the hearing.

Step 5: Attend the hearing

You must prove your case 'on the balance of probabilities' and you will need to call witnesses including yourself, to give evidence to support your appeal. You arrange for your witnesses, including doctors, to give evidence, and pay any costs involved. The parties must exchange copies of any relevant document/s that you may rely on before the hearing at least ten business days prior but this can occur at any time.

There is no jury—the Magistrate or Commissioner will hear both sides of the appeal and decide (either on the day or at a later date) based on the facts and evidence presented as evidence during the hearing.

Step 6: Pay any appeal costs

You may have to pay appeal costs if:

• you engage a solicitor or a third party to assist you in the appeal
• your appeal is unsuccessful and the Court or Commission orders appeal costs against you—Q-COMP’s costs will include barrister briefings, calling witnesses and obtaining documents.

Any costs awarded by the Court/Commission will be paid according to Schedule 3 scale "E" Uniform Civil Protection (Fees) Procedure 2009 and will not cover your entire costs.

Step 7: Appeal to the Industrial Court within 21 days if you're not happy with the Court/Commission decision

Use the form from the Industrial Court of Queensland website www.qirc.qld.gov.au.

Important note: The decision of the Industrial Court is final.