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Reviews and appeals FAQ

  • What does 'grounds for review' mean?
    • Your grounds for review are the reasons you believe the Insurer decision is wrong. Your grounds for review must be provided and relevant to the injury and the claim e.g. the Insurer did not consider the relevant medical information – you can then attach appropriate material such as a new medical report.
    • The Office of Industrial Relations cannot review an Insurer's procedure or the way in which they managed a claim.
    • It is important that your grounds for review are detailed and relate specifically to the injury and claim. This will allow us to clearly understand the issues you wish to have reviewed.
  • What supporting information do I need?
    • The Office of Industrial Relations conducts what is called an 'administrative review', this means there will be no further investigations. We will not contact doctors, witnesses or specialists. The Office of Industrial Relations will however request a complete copy of your file from the Insurer.
    • Any new information provided during the review process may be disclosed to other parties under procedural fairness if the information is new, significant, relevant and adverse.
  • Does my review application and information get sent to the other party?
    • The Office of Industrial Relations is making an administrative decision and is obliged to provide procedural fairness to all parties.
  • How long does a review take?
    • The Office of Industrial Relations is required to make a decision within 25 business days unless we have agreed to an extension. You and the other party will receive our written decision within 10 days after the decision is made.
    • The review decision will do one of the following:
      • confirm the original decision
      • vary the original decision
      • set aside the original decision and substitute another decision.
    • The 25 business day decision period can be extended only if you:
      • agree to allow the Office of Industrial Relations to obtain more information for your application
      • apply for an extension to supply more information for your application.
  • What do I do if I am unhappy with the review decision?
    • If you are unhappy with the review decision, the next step is for you to consider whether to lodge an appeal of the review decision.
    • If you decide to appeal you must lodge an Appeal with the Queensland Industrial Commission against the Workers' Compensation Regulator. The appeal must be filed at the Queensland Industrial Relations Commission within 20 business days of receiving the review decision
    • If we don't make a review decision within the 25 business days, or the agreed extension timeframe, you can:
      • appeal to an Industrial Magistrate or the Queensland Industrial Commission or
      • wait for the review decision to be made.
  • What happens to any cost I have as a result of my review?
    • Workers—if your claim has been terminated or rejected, all expenses incurred in relation to your review application will be at your cost. Should we overturn the Insurer's decision, you may be able to have the costs of a medical examination and report reimbursed by the Insurer. This will not always occur as it depends upon whether the Office of Industrial Relations considers the medical examination and report substantially contributed to the decision to set aside the Insurer decision.
    • Employers—if the insurer has accepted a claim and it is overturned after review, you may be able to have certain claims costs removed from your policy. You will need to contact the insurer to discuss.
  • What if three months have passed and I haven't lodged my review?
    • There is no provision in the Workers' Compensation and Rehabilitation Act 2003 for an application for review to be lodged after the three months. However, in special circumstances, you can ask us to extend the time.
    • It is unlikely that requests to lodge review outside of the three months will be agreed without any special circumstances.
  • What if I require more time to lodge my review?
    • The Office of Industrial Relations has the discretion to grant extensions to applicants for a review. A request for an extension of the three month timeframe must be supported by special circumstances. The request must specify how long the extension is required and the special circumstances/reasons as to why you require an extension.
    • As the timeframe to lodge a review is three months, it is expected that requests for the claim file, medical appointments and medical reports are attended to during this three month period, i.e. these do not constitute special circumstances.
    • Once the extension request has been received, the Office of Industrial Relations will make a decision within 5 business days as to whether or not the extension is granted.
  • What is a Right of Appearance?
    • A Right of Appearance is the opportunity for the applicant to highlight matters they consider support their application for review or expand upon their grounds for review. This is commonly referred to as making submissions.
    • Your submissions can be made in the manner most appropriate to you, such as:
      • by telephone
      • in person, by making an appointment to meet with the Review Officer
    • The Right of Appearance is not an investigative process or an opportunity to provide oral evidence. The Review Officer will not take a statement from you, make judgements of credit or provide you any advice on what information you should provide in support of your application. It is an opportunity to put forward your view on how you consider the evidence should be interpreted. If you have a particular issue or submission you wish to make clear it may be beneficial to also provide this in writing, for the Review Officer's later consideration. Likewise, should you have new evidence, such as a further statement from yourself or another witness these should be provided in writing and signed by the witness.
    • When making first contact with you the Review Officer will ask whether you wish to exercise your right of appearance. At this time you should advise whether you wish to have a right of appearance and, if so, how you wish to appear – i.e. by telephone or in person.
    • If you wish to meet with the Review Officer in person, a suitable time will be arranged for you to attend the Office of Industrial Relations premises at 347 Ann Street, Brisbane.
    • We undertake the Right of Appearance in a polite, professional and non-adversarial manner and as such expects that attendees behave accordingly. Contrary behaviour, threats or abusive language may lead to early termination of the Right of Appearance.
  • How long does a Right of Appearance take?
    • Depending upon the extent of the submissions being made and how they are being given, a right of appearance can vary between ten minutes up to an hour.
  • Can I attend anywhere else other than Brisbane?
    • Unfortunately, no. Our premises are located in Brisbane, as are the Review Unit and Review Officers.
  • Can I bring a support person?
    • Yes, a support person attending with an applicant is a common occurrence and welcomed by us, though it is requested that you advise if anyone will be accompanying you in advance to ensure adequate facilities for the meeting are available.
  • What should I bring?
    • If you have new documentary evidence you wish to rely on, or specific written submissions, copies of these can be provided to the Review Officer during the appearance.
    • If you are providing further evidence please ensure that the information is relevant to the issues at review and are provided to the Review Officer in an appropriate order and format. It is not the role of the Review Officer to determine from this evidence what is relevant or how it should be interpreted.
Last updated
24 April 2018

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