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What does 'grounds
for review' mean?
Your grounds for review are the reasons you believe the Insurer
decision is wrong. Your grounds for review must be relevant to the
injury and the claim eg. The Insurer did not consider the
relevant medical information - You can then attach appropriate
material such as a new medical report.
Q-COMP cannot review Insurers' procedures or they way they
manage a claim, it is important that your grounds for review relate
to the injury itself.
By providing detailed grounds for review, it will help Q-COMP
better understand the issue.
information do I need?
Q-COMP conducts what is called an 'administrative review', this
means there will be no further investigations. Q-COMP will not
contact doctors, witnesses or specialists.
Any information that supports the injury should be provided with
your application for review. If you have any additional medical
reports, witness statements, payslips etc that support the issue
you are reviewing; it is crucial you submit them with the
Q-COMP will make the review decision based on the information
the Insurer had at the time of the claim decision, and any
additional information provided with the review.
Does my review application and information get sent to the
Q-COMP is making an administrative decision and is obliged to
provide procedural fairness.
This means that it is likely that new information you provide
may be disclosed to the other parties impacted by the
How long does a review
The decision is made within 25 business days unless we have
agreed to an extension. You and the other party with receive the
Q-COMP written decision within 10 days after the decision is
The review decision will either:
- Confirm the original decision
- Vary the original decision
- Set aside the original decision and substitute another decision
- Set aside the original decision and return it to the Insurer
The 25 business day decision period can be extended only if
- Agree to allow Q-COMP to obtain more information for your
- Apply for an extension to supply more information for your
do I do if I am unhappy with the review decision?
If you would like to dispute the review decision, the next step
is for you to consider the value of lodging an appeal of the review
If you decide to appeal you must lodge an Appeal with the
Queensland Industrial Commission against Q-COMP; the appeal must be
filed at the Queensland Industrial Relations Commission within 20
business days of receiving the Q-COMP decision.
If we don't make a decision within the 25 business days, or the
agreed extension timeframe, you can:
- Appeal to an Industrial Magistrate or the Queensland Industrial
- Wait for the review decision to be made
happens regarding expenses relating to the claim?
Workers - If your claim has been terminated or rejected, all
expenses incurred in relation to your review application will be at
your cost. Should Q-COMP overturn the Insurer's decision, you may
be able to have the costs of a medical examination and report
reimbursed by the Insurer. This will not always occur as it depends
upon whether Q-COMP considers the medical examination and report
substantially contributed to the decision of Q-COMP to set aside
the Insurer decision.
Employers - You will need to arrange excess payments with the
Insurer, should we overturn the decision you will be reimbursed
from the Insurer. Policy or premium increases may be placed on hold
while the review takes place, you must negotiate this with the
Q-COMP does not review payments, this means we will not make
payments to claimants or reimburse medical treatment. If you are
financially suffering you may wish to contact CentreLink or your
What if three months have passed and I haven't lodged my
There is no provision in the Workers Compensation
Rehabilitation Act 2003 for an application for review to
be lodged after the three months. However, in special
circumstances, you can ask QCOMP to extend the time,
provided you ask during the three month
It is unlikely that requests to lodge review outside of
the three months will be agreed without any special
I require more time to lodge my review?
Q-COMP has the discretion to grant extensions to applicants for
a review. A request for an extension of the three month timeframe
must be requested within the three months
and be supported by special
circumstances. The request must specify how long the
extension is required and the special circumstances/reasons as to
why you require an extension.
As the timeframe to lodge a review is three
months, it is expected that requests for the claim file, medical
appointments and medical reports are attended to during this three
month period, i.e. these do not constitute special
Once the extension request has been received, Q-COMP will make a
decision as to whether or not the extension is granted within 5
What is a Right of
A Right of Appearance is the opportunity for the applicant to
highlight matters they consider support their application for
review or expand upon their grounds for review. This is commonly
referred to as making submissions.
Your submissions can be made in the manner most appropriate to
you such as, by telephone or in person by making an appointment to
meet with the Review Officer.
The Right of Appearance is not an investigative process or an
opportunity to provide oral evidence and the Review Officer will
not take a statement from you or make judgments of credit. It is an
opportunity to put forward your view on how you consider the
evidence should be interpreted. If you have a particular issue or
submission you wish to make clear it may be beneficial to also
provide this in writing, for the Review Officer's later
consideration. Likewise, should you have new evidence, such as a
further statement from yourself or another witness, these should be
provided in writing.
When making first contact with you the Review Officer will ask
whether you wish to exercise your right of appearance. At this time
you should advise whether you wish to have a right of appearance
and, if so, how you wish to appear - i.e. by telephone or in
If wishing to meet with the Review Officer a suitable time will
be arranged for you to attend the Q-COMP premises at 347 Ann
Q-COMP undertakes the Right of Appearance in a polite,
professional and non adversial manner and as such expects that
attendees behave accordingly. Contrary behaviour, threats or
abusive language may lead to early termination of the Right of
How long does
a Right of Appearance take?
Depending upon the extent of the submissions being made and how
they are being given, a right of appearance can vary between ten
minutes up to an hour.
attend anywhere else other than Brisbane?
Unfortunately, no. Q-COMP's premises are located in Brisbane, as
are the Review Unit and Review Officers.
Can I bring a support
Yes, a support person attending with an applicant is a common
occurrence and welcomed by Q-COMP, though it is requested that you
advise if anyone will be accompanying you in advance to ensure
adequate facilities for the meeting are available.
What should I bring?
If you have new documentary evidence you wish to rely on, or
specific written submissions, copies of these can be provided to
the Review Officer during the appearance.