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Guide to appealing a review decision

Step 1: Preparing a written Notice of Appeal

When preparing a Notice of Appeal to the Queensland Industrial Relations Commission (QIRC), a worker, claimant or employer will need to use the form located on their website (under Forms - Appeals against Workers' Compensation Regulator Review Decisions – WCQ Notice of Appeal).

There is no need to attach documents to the notice of appeal other than the review decision which is being appealed.

When completing the notice of appeal, please refer to the QIRC’s ‘Workers’ Compensation Appeals’ information on their website.

If a worker, claimant or employer has any questions about completing the notice of appeal they may contact the QIRC registry on 1300 592 987.

Step 2: File the appeal within 20 business days of receiving notice of the review decision

The notice of appeal can be filed with the QIRC in the following ways:

In person:

Queensland Industrial Relations Commission
21st Floor, Central Plaza 2
66 Eagle Street
BRISBANE  QLD 4000

Fax: (07) 3221 6074

Post:

Queensland Industrial Relations Commission
GPO Box 373
BRISBANE  QLD 4000

Email: qirc.registry@oir.qld.gov.au

Step 3: Send a copy of the Notice of Appeal to the Office of Industrial Relations within 10 business days of filing in the QIRC

Once the Notice of Appeal has been lodged with the QIRC, the appellant will need to send a copy of the Notice to the Office of Industrial Relations within 10 business days.

A copy of the Notice of Appeal can be sent to the Office of Industrial Relations via:

Email: appeals@oir.qld.gov.au

Fax: (07) 3811 6443

Or post:

Appeals Unit
Office of Industrial Relations
PO Box 10119
Adelaide Street
BRISBANE QLD 4000

Shortly after receipt of the appeal, an Appeals Officer is allocated to manage the appeal. A worker, claimant or employer can contact the Appeals Officer at any time to ask questions or discuss the case with them. However the Appeals Officer will not be able to provide legal advice.

Step 4: Directions Orders and Preparation for Hearing

Once a Notice of Appeal has been lodged, the QIRC will issue directions for the management of the appeal including the preparation of a statement of facts and contentions.

Further information on the QIRC process can be found on the QIRC information sheets.

Step 5: Section 552A conference

The QIRC may require an appellant to conference with the Office of Industrial Relations (or an appellant may choose to), and the QIRC will contact them to arrange a time.

A conference is facilitated by an independent member of the QIRC (who will not conduct the hearing) and is attended by representatives of the Office of Industrial Relations.  The appellant may obtain guidance from the QIRC on the appeals process and talk about the appeal with the member of the QIRC and the Office of Industrial Relations representatives. For self-represented appellants, a conference will be listed automatically by the QIRC.

More information on this process can be obtained by reading the Workers' Compensation Appeals Guide and information sheets located on the QIRC website.

Step 6: Attend the hearing

In the course of the appeal, the QIRC will issue directions for a hearing to take place. An appellant will then be required to attend a hearing, and must prove their case 'on the balance of probabilities'. An appellant will need to call witnesses including themselves to give evidence to support their appeal.

An appellant must arrange for their witnesses, including doctors, to give evidence, and pay any associated costs.

The parties are required to exchange copies of any relevant document/s that they may rely on at the hearing and must ensure that this disclosure occurs at any time before the hearing, but at least ten business days prior to the hearing.

There is no jury. The Commissioner will hear both sides of the appeal and make a decision (either on the day or at a later date) based on the facts and evidence presented as evidence during the hearing.

Step 7: Pay any appeal costs

An appellant may have to pay appeal costs if:

  • they engage a solicitor or other representative to assist in the appeal
  • their appeal is unsuccessful and the QIRC orders appeal costs against the appellant. The successful party may seek an order from the QIRC that the other party pay their appeal costs.  The Office of Industrial Relations’ costs may include fees for legal counsel and witnesses.

Any costs awarded by the QIRC will be paid according to Schedule 3 scale "E" of the Uniform Civil Procedure Rules 1999 and will not cover a party’s entire costs.

Step 8: Appeal to the Industrial Court within 21 days if you're not happy with the QIRC decision

If an appellant or respondent is not happy with the QIRC decision, an appeal to the Industrial Court can be lodged. An appeal to the Industrial Court is to be filed within 21 days of the decision using the form from the Industrial Court of Queensland website.

Note: The decision of the Industrial Court is final.

Last updated
06 April 2020

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