Employers who are dissatisfied with a Q-COMP review decision
relating to their premium can appeal to the Industrial Magistrate
within 20 business days of receiving the decision.
Premium decisions can only be appealed to the Industrial
Magistrates Court.
Q-COMP defends its premium review decisions in the
Industrial Magistrates Court. The parties to an appeal may be:
- the appellant-the person or organisation who files the
appeal
- the respondent-Q-COMP.
On receipt of the appeal a Q-COMP 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
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.
Pay your WorkCover Queensland premium before
you appeal a premium decision. You must explain why you are
dissatisfied with the premium decision-the appeal will be limited
to those reasons ('grounds').
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 the Industrial Magistrates Court nearest your place of
business or at a Court agreed with Q-COMP.
*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.
Send to:
Q-COMP Appeals Unit
PO Box 10119
Adelaide Street
Brisbane QLD 4000
Step 4: Appear at the Court 'callover'
After you've filed your Notice of Appeal, the Court 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 Court 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
support your case and their availability
-
how long the hearing is likely to take.
They will then set a hearing date. 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 know if they are ready to
proceed.
Step 5: Attend the
hearing
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 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 Magistrate 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
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 orders appeal costs
against you. The successful party may seek an order from the Court
that the other party pay their appeal costs. Q-COMP's costs may
include fees for barristers and witnesses.
Any costs awarded by the Court 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 Court decision-it must be filed within 21 days of the decision
using the form from the Industrial Court of Queensland website
www.qirc.qld.gov.au.
The decision of the Industrial Court is
final.