Guide to appealing a review decision

Step 1: Preparing a written Notice of Appeal

When preparing a Notice of Appeal to the Queensland Industrial Relations Commission (QIRC), a worker, claimant or employer will need to use the form located on their website under the Forms tab – Form 9 WCR Notice of Appeal.

The correct respondent to the appeal is the Workers’ Compensation Regulator.

Do not attach any documents to the notice of appeal other than the review decision which is being appealed. You will have an opportunity in the course of the appeal to provide any documents or additional evidence you wish to be considered to the respondent.

When completing the notice of appeal, please refer to the QIRC's Workers' Compensation information on their website, including the Workers’ Compensation Appeal Guide.

If a worker, claimant or employer has any questions about completing the Form 9 notice of appeal they may contact the QIRC registry on 1300 592 987.

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

The Notice of Appeal can be filed with the QIRC in the following ways:

• In person:
  Queensland Industrial Relations Commission
  21st Floor, Central Plaza 2
  66 Eagle Street
  BRISBANE  QLD 4000
• Fax: (07) 3221 6074
• 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 Workers' Compensation Regulatory Services within 10 business days of filing in the QIRC

Once the Notice of Appeal has been lodged with the QIRC, the appellant will need to send a copy of the Notice to Workers' Compensation Regulatory Services (WCRS), who represent the Workers’ Compensation Regulator in the appeal, within 10 business days.

A copy of the Notice of Appeal can be sent to WCRS via:

• Email: appeals@oir.qld.gov.au
• Fax: (07) 3811 6443
• Post:
  Appeals Unit
  Workers' Compensation Regulatory Services
  PO Box 10119
  Adelaide Street
  BRISBANE QLD 4000

Shortly after receipt of the appeal, an Appeals Officer is allocated to manage the appeal for the respondent. A worker, claimant or employer can contact the Appeals Officer at any time to ask questions or discuss the case with them. However the Appeals Officer will not be able to provide legal advice.

Step 4: Directions orders and preparation for hearing

Once a Notice of Appeal has been lodged, the QIRC will issue directions for the management of the appeal including the preparation of a list of documents, statement of facts and contentions, list of witnesses and outlines of witness' evidence.

Refer to the QIRC website for further information on the QIRC process and the forms you should complete to comply with these directions.

Step 5: Section 552A conference

The QIRC requires an appellant who is representing themselves to conference with  the respondent and the QIRC will contact them to arrange a time.

A conference is facilitated by an independent member of the QIRC (who will not conduct the hearing) and is attended by the respondent’s representatives. The appellant may obtain guidance from the QIRC on the appeals process and talk about the appeal with the member of the QIRC and the respondent’s representatives.

Refer to the Workers' Compensation Appeal Guide and information on the QIRC website for more information on this process.

Step 6: Attend the hearing

In the course of the appeal, the QIRC will issue directions for a hearing to take place. An appellant will then be required to attend a hearing, and must prove their case 'on the balance of probabilities'. An appellant will need to call witnesses including themselves to give evidence to support their appeal.

An appellant must arrange for their witnesses, including doctors, to give evidence, and pay any associated costs. Information on how to require a witness to give evidence is available in the Workers’ Compensation Appeal Guide.

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 7: Pay any appeal costs

An appellant may have to pay appeal costs if:

• they engage a solicitor or other representative to assist in the appeal
• their appeal is unsuccessful and the QIRC orders appeal costs against the appellant. The successful party may seek an order from the QIRC that the other party pay their appeal costs. The respondent's costs may include fees for legal counsel and witnesses.

Any costs awarded by the QIRC will be paid according to s.132 of the Workers’ Compensation and Rehabilitation Regulation 2014 and Schedule 2, Part 2, scale "C" of the Uniform Civil Procedure Rules 1999 and will not cover a party's entire legal costs.

Step 8: Appeal to the Industrial Court within 21 days if you're not happy with the QIRC decision

If an appellant or respondent is not happy with the QIRC decision, an appeal to the Industrial Court can be lodged. An appeal to the Industrial Court is to be filed within 21 days of the decision using form 2A from the QIRC website.

Note: The decision of the Industrial Court is final.