IMPORTANT INFORMATION - Effective 1 November 2010
If you are lodging an appeal against a review decision on a claims
matter your application must be lodged with the Queensland
Industrial Relations Commission (the Industrial Magistrates Court
will only accept appeal applications against review decisions on
premium matters). Non-reviewable decisions must be appealed to the
Industrial Magistrates Court against the Insurer (not
the Workers' Compensation Regulator)
Appeal a review decision - an
employer's step-by-step guide
Workers and employers who are dissatisfied with a Workers'
Compensation Regulator claim review decision can appeal to the
Queensland Industrial Relations Commission (QIRC) within 20
business days of receiving the decision.
The Workers' Compensation Regulator defends its review
decisions in the Commission. In accordance with section 326 of
the Workers' Compensation and Rehabilitation Act 2003, the
Governor in Council has appointed Simon Blackwood, A/Deputy
Director General, Office of Fair and Safe Work Queensland, as the
Workers' Compensation Regulator. Therefore, the parties to an
- the appellant - the person or organisation who files
- the respondent - Simon Blackwood (Workers' Compensation
On receipt of the Appeal a Workers' Compensation Regulator
appeals officer is allocated to manage the case. You can
contact the appeals officer at anytime to ask questions or discuss
the case with them.
Step 1: Prepare your written
Notice of Appeal
When filing in the QIRC, use the form located on their
website (under Forms - Appeals against Q-COMP
While not compulsory, you should also provide grounds if you are
unhappy with a statutory claim decision. This will 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*
Queensland Industrial Relations Commission
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 us within 10
business days of filing in the Commission.
Workers' Compensation Regulator Appeals Unit
PO Box 10119
Brisbane QLD 4000
Step 4: Appear at the
After you've filed your Notice of Appeal, the Commission
allocates a callover date and sends you a notice to appear in
person-the appeal is not determined at this time. We suggest that
you seek legal advice before your callover. You can also
discuss the matter with an appeals officer.
At callover, the Commission will need to know:
whether you are ready to proceed with the hearing
the number of witnesses you intend to call to give evidence to
prove your case and their availability
how long the hearing is likely to take.
They will then set a hearing date.
The QIRC may require you to conference with the Workers'
Compensation Regulator (or you may choose to) and they will contact
you to arrange a time. A Commissioner attends the conference,
assisting the parties to discuss the issues and attempt 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 (s. 552A, Workers' Compensation and
Rehabilitation Act 2003).
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
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
You must prove your case 'on the balance of probabilities' and
you will need to call witnesses 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 days prior,
although this may occur at any time prior.
There is no jury. The Commissioner will hear both sides of the
appeal and give their decision (either on the day or at a later
date) based on the facts and evidence.
Step 6: Pay any appeal
You may have to pay appeal costs if:
you engage a solicitor or a third party to assist you in the
your appeal is unsuccessful and the Commission orders appeal
costs against you. The successful party may seek an order from the
Commission that the other party pay their appeal costs. The
Workers' Compensation Regulator's costs may include fees for
barristers and witnesses.
Any costs awarded by the Commission will be paid according to
Schedule 3 scale "E" Uniform Civil Procedure Rules 1999
and will not cover your entire costs.
Step 7: Appeal to the Industrial
Court within 21 days
You can appeal to the Industrial Court if you are not happy with
the Commission decision-it must be filed within 21 days of the
decision using the form from the Industrial Court of Queensland
The decision of the Industrial Court is