Skip links and keyboard navigation

Queensland Government site header

Appeal a review decision on a claims matter - a worker's step-by-step guide

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/policy matters).

Workers and claimants who are unhappy with a 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 the review decisions on behalf of the Workers' Compensation Regulator in the QIRC.  The parties to an appeal are:

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

If your employer appeals a review decision, you have a right as a worker or claimant to join the court action as a party to the appeal and you will need to tell the QIRC if you want to make representations to them during the appeal. You will be responsible for paying the costs of any solicitor or third party that you hire. You can contact the Queensland Law Society or the Workers' Compensation Advisory Service (Queensland Council (QCU) of Unions toll free: 1800 102 166) for more information on how they can help. You don't need to be a member of a union to contact the QCU.

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 preparing your Notice of Appeal to the QIRC, use the form located on their website (under Forms - Appeals against Workers' Compensation Regulator Review Decisions). Explain why you are unhappy with the review decision (these are the 'grounds of your appeal'). This may assist the QIRC and the Office of Industrial Relations to understand your concerns.

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@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

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

Step 4: Directions Orders and Preparation for Hearing

The QIRC will issue directions for the management of the appeal including the preparation of a statement of facts and contentions.

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

Step 5: Attend the hearing

You must prove your case 'on the balance of probabilities' and you will need to call witnesses including yourself, to give evidence to support your appeal. You must arrange for your witnesses, including doctors, to give evidence, and pay any costs involved. 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 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 QIRC orders appeal costs against you.  The successful part 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 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 if you're not happy with the QIRC decision

You can appeal to the Industrial Court if you are not happy with the QIRC decision. It must 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
30 October 2017

There's nothing like getting back for getting better

Workers who get back to safe work as soon as possible recover more quickly than those who wait until they are fully recovered.

Read more...

There's nothing like getting back for getting better