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
Workers, claimants and employers who are unhappy with a Workers'
Compensation Regulator review decision can appeal to the Queensland
Industrial Relations Commission (QIRC) within 20 business days of
receiving the decision.
The Workers' Compensation Regulator defends the review decision
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 who files the appeal
- the respondent - Simon Blackwood (Workers' Compensation
If your employer appeals 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 Commission if you want to make representations to
the 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 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
When preparing your Notice of Appeal to the QIRC, use the form
located on their website (under Forms - Appeals against Workers' Compensation
Regulator 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*
Queensland Industrial Relations Commission
13th 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 the Workers' Compensation Regulator within
10 business days of filing in the Commission.
Send to :
Workers' Compensation Regulator - Appeals Unit
PO Box 10119
Brisbane QLD 4000
Step 4: Appear at the Commission
The Commission sends you a notice with a date to appear at
a 'callover'-the appeal is not determined at this
time. Before the callover, you
could discuss your matter with one of our appeals officers and
consider seeking your own legal advice. 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.If you choose to meet with us
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 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
Step 5: Attend the
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 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
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 Workers' Compensation Regulator's costs will
include barrister briefings, calling witnesses and obtaining
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 if you're not happy with the Commission
Use the form from the Industrial Court of Queensland
Important note: The decision of the Industrial Court is