Filing an appeal against a review decision on a claims matter
An appeal can only be started by filing a written Notice of Appeal in person, by post, by email or by fax with the Queensland Industrial Relations Commission (QIRC).
Filing in the QIRC
Workers, claimants and employers must use the QIRC form and file their Notice of Appeal in the industrial registry at the QIRC:
In Person
Queensland Industrial Relations Commission
21st Floor, Central Plaza 2
66 Eagle Street
BRISBANE QLD 4000
Fax
Fax to (07) 3221 6074
Post
Queensland Industrial Relations Commission
GPO Box 373
BRISBANE QLD 4000
You must then serve a copy of the Notice of Appeal with the Office of Industrial Relations (acting on behalf of the Workers' Compensation Regulator) within 10 business days of filing in the industrial registry at the QIRC.
After a Notice of Appeal has been filed, you will receive a Directions Order from the QIRC. We encourage early resolution of matters wherever possible. Contact your appeals officer to discuss your matter before the hearing date.
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. The conference allows the parties to discuss the issues at hand and attempt to resolve the appeal without a hearing, or to narrow the issues in dispute prior to a hearing. If the parties cannot resolve the appeal during the conference, the QIRC will order that a hearing date be allocated.
Hearings in the QIRC
Hearings in the QIRC are conducted before the appeal body as a 'hearing de novo' i.e. a full hearing of all issues in dispute.
At least 10 business days prior to hearing, the parties must exchange copies of any relevant document/s that they may rely on at the hearing. Evidence from lay witnesses is usually given in person. You can apply to the QIRC for expert witnesses to give evidence by telephone.
The successful party may seek an order from the QIRC that the other party pay their costs of the appeal.
Awarding of costs is at the discretion of the QIRC and if awarded paid according to Schedule 3, scale "E" of the Uniform Civil Procedure Rules 1999.
Right of appeal by appellant and respondent
The appellant and respondent(s) have a further right of appeal to the Industrial Court if they are aggrieved by the decision of the appeal body.
You must file the appeal within 21 days of the decision being handed down using the form supplied on the Industrial Court website. You will need to seek a stay if you wish for the Commission's decision not to be implemented while the Industrial Court appeal is being determined.
If the QIRC or the Industrial Court decides that an insurer is not liable to make payments of compensation to a worker or claimant, then the worker or claimant who received compensation payment doesn't have to pay it back to the insurer. This applies in cases where there is no conviction for fraud, under the Act, in respect of your client. Your client should contact their insurer to discuss the financial impact of the decision.
The decision of the Industrial Court is final.