Once a worker, claimant or employer has received the insurer's decision, they have 3 months to lodge an application for review with the Office of Industrial Relations.
If a request to lodge an application for review outside of the 3 month timeframe is made by an applicant, this procedure (PDF, 0.27 MB) outlines the process to be undertaken by the Office of Industrial Relations in deciding a request.
There is no cost to lodge a review. If an applicant decides to seek assistance from a legal representative they are responsible for this cost. It should be noted that it is not mandatory for either party to have legal representation during the review process.
It is recommended an applicant use the three months to obtain any additional evidence in support of their application prior to lodging the review, as there will be no further investigations conducted by the Review Officer. A Review Officer will not be contacting doctors or witnesses, and any new evidence an applicant would like included in the review needs to be obtained and provided by them.
When completing the application for review an applicant will be asked to detail their 'grounds for review'. This is essentially the reasons an applicant believes the insurer's decision is wrong. An applicant will also be asked to attach additional information in support of the application.
When lodging the application, an applicant will also be able to elect if they would like to participate in a 'Right of Appearance'. The Right of Appearance is optional. It allows an applicant to speak to the Review Officer about:
- The review
- Highlight matters they consider supports their application
- Put forward their view on how they consider the evidence should be interpreted.
The Right of Appearance is not an investigative process or an opportunity to provide oral evidence. The Review Officer will not take a statement, make judgements of character or provide an applicant any advice on what information they should provide. Any information an applicant would like considered as part of the review will need to be provided in writing.
The Right of Appearance can be conducted via the telephone or in person at the Office of Industrial Relations premises at 347 Ann Street, Brisbane.
Need some advice?
If a worker, claimant or employer is a member of a union or other representative organisation, this organisation may be able to offer assistance.
The Queensland Government provides funding to worker and employer groups to provide independent workers' compensation advisory services. These services are free and completely independent from the Office of Industrial Relations or any insurer. Workers and employers can have unlimited access to these services.
If you are a worker you can obtain free information from the Workers' Compensation Advisory Service provided by the Queensland Council of Unions. You do not need to be a union member.
The Queensland Council of Unions can be contacted by phone on 1800 102 166 or (07) 3844 6169.