Skip links and keyboard navigation

Queensland Government site header

Appeal a review decision on a claims matter – a step-by-step guide for employers

If you are lodging an appeal against a review decision on a claims matter your application must be lodged with the Queensland Industrial Relations Commission (the Industrial Magistrates Court will only accept appeal applications against review decisions on premium matters). Non-reviewable decisions must be appealed to the Industrial Magistrates Court against the Insurer (not the Workers' Compensation Regulator)

Workers and employers who are unhappy with a claim review decision can appeal to the Queensland Industrial Relations Commission (QIRC) within 20 business days of receiving the decision.

The Office of Industrial Relations defends review decisions on behalf of the Workers' Compensation Regulator in the Commission. The parties to an appeal are:

  • the appellant - the person or organisation who files the appeal
  • the respondent - Workers' Compensation Regulator.

On receipt of the Appeal an appeals officer is allocated to manage the case. You can contact the appeals officer at anytime to ask questions or discuss the case with them.

Step 1: Prepare your written Notice of Appeal

When filing in the QIRC, use the form located on their website (under Forms - Appeals against Q-COMP Review Decisions).

While not compulsory, you should also provide grounds if you are unhappy with a statutory claim decision. This will assist in the appeal process.

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

In person

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

Fax*

Fax to (07) 3221 6074

*post the original if faxing

Post

Queensland Industrial Relations Commission
GPO Box 373
BRISBANE  QLD  4000

Email

qirc.registry@qirc.qld.gov.au

Step 3: Send a copy of the Notice of Appeal to us within 10 business days of filing in the QIRC.

Post

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

Step 4: Section 552A conference

The QIRC may require you to conference with the Office of Industrial Relations (or you may choose to) and they will contact you to arrange a time. A Commissioner attends the conference to assist the parties to discuss the issues and attempt to resolve the appeal without a hearing. If the appeal is not resolved, depending on the timing of the conference, the Commissioner will issue further directions and/or set hearing dates.

If you are not ready to go to a hearing, your matter may be given a ‘mention’ date where the parties must again let the QIRC know if they are ready to proceed.

Step 5: Attend the hearing

You must prove your case 'on the balance of probabilities' and you will need to call witnesses to give evidence to support your appeal. You arrange for your witnesses, including doctors, to give evidence, and pay any costs involved.

The parties must exchange copies of any relevant document/s that you may rely on before the hearing at least ten days prior, although this may occur at any time prior.

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

Step 6: Pay any appeal costs

You may have to pay appeal costs if:

  • you engage a solicitor or a third party to assist you in the appeal
  • your appeal is unsuccessful and the Commission orders appeal costs against you. The successful party may seek an order from the Commission that the other party pay their appeal costs. The Office of Industrial Relations costs may include fees for barristers 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 your entire costs.

Step 7: Appeal to the Industrial Court within 21 days

You can appeal to the Industrial Court if you are unhappy with the QIRC decision.  It must be filed within 21 days of the decision using the form from the Industrial Court of Queensland website.

The decision of the Industrial Court is final.

Last updated
14 June 2019

We'd love your feedback

Coronavirus (COVID-19)

How to help prevent the spread of infection at work and answers to common workers' compensation questions.

Read more...

How to help prevent the spread of infection at work and answers to common workers' compensation questions

The Farm safety calendar competition 2020 is now open!

Find out how to enter here.

Read more...

Farm safety calendar competion 2020