An appeal can only be started by
filing a written Notice of Appeal in person, by post or by fax with
the Queensland Industrial Relations Commission (QIRC).
When
filing in the Queensland Industrial Relations Commission
(QIRC) - workers, claimants and employers must use the
QIRC form (located on their website under Forms - Appeals against
Q-COMP Review Decisions) and file their Notice of Appeal in the
industrial registry at:
Queensland Industrial Relations Commission
13th Floor Central Plaza 2
66 Eagle Street
BRISBANE QLD 4000.
Serve a copy of the Notice of Appeal to Q-COMP within 10
business days of filing in the Industrial Registry
(QIRC).
After a Notice of Appeal has been filed, you
will receive a Directions Order from the Queensland
Industrial Relations Commission. We encourage early resolution of
matters wherever possible-contact Q-COMP's appeals officer to
discuss your matter before the hearing date.
The QIRC may require you to conference with Q-COMP (or
you may choose to) and they will contact you to arrange a
time. The conference allows the parties to discuss the
issues at hand and attempt to resolve the appeal without a hearing,
or to narrow the issues in dispute prior to a hearing. If the
parties cannot resolve the appeal during the conference, the
Commissioner will order that the matter be listed for a callover
where a hearing date will be allocated.
A hearing is conducted before the appeal body as a
'hearing de novo'-a full hearing of all issues in dispute.
At least 10 business days prior to hearing, the parties must
exchange copies of any relevant document/s that they may rely on
at the hearing. Evidence from lay witnesses is usually given
in person. You can apply to the Commission for expert witnesses to
give evidence by telephone.
The successful party may seek an order from the
Commission that the other party pay their costs of the
appeal.
Awarding of costs is at the discretion of the Commission and if
awarded paid according to Shedule 3, scale "E" Uniform Civil
Procedure Rules 1999.
The appellant and respondent have a further right of
appeal to the Industrial Court if they are aggrieved by the
decision of the appeal body.
You must file the appeal within 21 days of the decision being
handed down using the form supplied on the Industrial Court
website. You will need to seek a stay if you wish for the
Commission's decision not to be implemented while the Industrial
Court appeal is being determined.
The decision of the Industrial Court is
final.
If the Commission or the Industrial Court decides that
an insurer is not liable to make payments of compensation to a
worker or claimant, then the worker or claimant who
received compensation payment doesn't have to pay it back to the
insurer. This applies in cases where there is no conviction for
fraud by your client. Your client should contact their insurer to
discuss the financial impact of the decision.