Appealing a review decision
The Workers' Compensation Regulator is the respondent in appeals of review decisions under Chapter 13 of the Workers' Compensation and Rehabilitation Act 2003. This function is delegated to and undertaken by the Office of Industrial Relations.
If a worker, claimant or employer is unhappy with a review decision made by the Office of Industrial Relations, they can lodge an appeal with the Queensland Industrial Relations Commission (QIRC) within 20 business days of receiving notice of the review decision.
Non-reviewable decisions must be appealed to the Industrial Magistrates Court against the Insurer (not the Office of Industrial Relations).
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 aggrieved party who files the appeal
- the respondent - Workers' Compensation Regulator
An appeal will be resolved either by a decision from the QIRC after a hearing, by the appellant discontinuing the appeal or the Office of Industrial Relations seeking orders to concede the appeal.
The Office of Industrial Relations will defend the review decision unless it has cause to revise its position.
Need some help?
Workers can obtain information from the Workers' Compensation Advisory Service within the Queensland Council of Unions. This is a free service and you do not need to be a union member. The Queensland Council of Unions can be contacted by phone on 1800 102 166 or (07) 3844 6169.
Employers can obtain advice from The Chamber of Commerce and Industry Queensland, who can be contacted on 1300 365 855, or a specific association of which an employer is a member.
If a worker, claimant or employer chooses to engage a solicitor or other representative, they will need to cover any associated cost of doing so.