Frequently Asked Questions
Want more help? Please call 1300 739
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
provided and 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.
The Workers' Compensation Regulator cannot review an Insurers
procedure or the way in which they managed a claim.
By not providing detailed grounds for review may result in the
application being returned to you. Therefore it's important that
your grounds for review are detailed and relate to the injury and
claim. By providing detailed grounds will better enable us to
understand the issues you wish to have reviewed. .
What supporting information do I need?
The Workers' Compensation Regulator conducts what is called an
'administrative review', this means there will be no further
investigations. We will not contact doctors, witnesses or
specialists. The Workers' Compensation Regulator will however
request a complete copy of your file from the Insurer.
Any information that supports the injury should be provided with
your application for review. If you have any additional evidence,
including medical reports, witness statements, payslips ; it is
crucial you submit them with the application.
The Workers' Compensation Regulator 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
Does my review application and information get sent to the other party?
The Workers' Compensation Regulator is making an administrative
decision and is obliged to provide procedural fairness to all
Any new information provided during the review process may be
disclosed to other parties under procedural fairness if the
information is new, significant, relevant and adverse. This means
that it is likely that new information you provide may be disclosed
to the other parties impacted by the new information.
How long does a review take?
The Workers' Compensation Regulator is required to make a
decision within 25 business days unless we have agreed to an
extension. You and the other party with receive our written
decision within 10 days after the decision is made.
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 the Workers' Compensation Regulator to obtain
more information for your application
- Apply for an extension to supply more information for your
What do I do if I am unhappy with the review decision?
If you are unhappy with 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 the Workers' Compensation
Regulator. The appeal must be filed at the Queensland Industrial
Relations Commission within 20 business days of receiving the
Workers' Compensation Regulator's 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
What happens to any costI have as a result of my review?
Workers - If your claim has been terminated or rejected, all
expenses incurred in relation to your review application will be at
your cost. Should we 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 the Workers' Compensation
Regulator considers the medical examination and report
substantially contributed to the decision to set aside the Insurer
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
We do 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 superannuation
What if three months have passed and I haven't lodged my review?
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 us to extend the time, provided
you ask during the three month period.
It is unlikely that requests to lodge review outside of
the three months will be agreed without any special
What if I require more time to lodge my review?
The Workers' Compensation Regulator 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 circumstances.
Once the extension request has been received, the Workers'
Compensation Regulator will make a decision as to whether or not
the extension is granted within 5 business days.
What is a Right of Appearance?
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. The Review Officer will not
take a statement from you make judgments of credit or provide you
any advice on what information you should provide in support of
your application. 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 and signed by the
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 you wish to meet with the Review Officer in person, a
suitable time will be arranged for you to attend the Workers'
Compensation Regulator premises at 347 Ann Street, Brisbane.
We undertake the Right of Appearance in a polite, professional
and non-adversarial manner and as such expects that attendees
behave accordingly. Contrary behaviour, threats or abusive language
may lead to early termination of the Right of Appearance.
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.
Can I attend anywhere else other than Brisbane?
Unfortunately, no. our premises are located in Brisbane,
as are the Review Unit and Review Officers.
Can I bring a support person?
Yes, a support person attending with an applicant is a
common occurrence and welcomed by us, 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.
If you are providing further evidence please ensure that the
information is relevant to the issues at review and are provided to
the Review Officer in an appropriate order and format. It is not
the role of the Review Officer to determine from this evidence what
is relevant or how it should be interpreted.