Workers’ compensation compliance notices

Chapter 12 of the Workers’ Compensation and Rehabilitation Act 2003 (Act) enables authorised persons appointed by the Workers’ Compensation Regulator (Regulator) to issue statutory notices (called a ‘compliance notice’) relating to contraventions of workers’ compensation laws.

A compliance notice can only be given if the authorised person is satisfied on reasonable grounds the person has contravened the Act, and the contravention is continuing or likely to be repeated.

A person includes an individual and a corporation. Examples of persons who may be given compliance notices include insurers, employers and any other persons with a duty under workers’ compensation law.

A compliance notice must state the following:

• the name of the person to whom it is given
• details of the alleged contravention, the grounds relied on for giving the notice, and the facts establishing those grounds
• the action required to be taken, or refrained from being taken, to prevent the contravention continuing or being repeated, and
• the date the notice must be complied with (which must be reasonable in the circumstances).

Failure to comply with a compliance notice is an offence.

Independent review of compliance notice decisions

You can apply to the Regulator for a review of a compliance notice.

An application for review must be made within 10 business days after the day the compliance notice is issued.

An application for review suspends the operation of the compliance notice until the review is completed and the period for appealing against the decision on the review expires.

How to apply?

The application for review must be:

• made in the approved form (DOCX, 0.07 MB),
• state the grounds on which the applicant seeks review, and
• may be accompanied by evidence or information the applicant wants considered in the review.

Send your completed application for review (DOCX, 0.07 MB) to compliancereviews@oir.qld.gov.au.

What happens next?

The Regulator must decide the review within 10 business days after the day the application is made.

The Regulator can also extend the timeframe to allow the applicant to provide further information or to consider further information provided by the applicant.

The Regulator may:

• confirm the compliance notice
• withdraw the compliance notice, or
• withdraw the compliance notice and issue a new compliance notice in a form the Regulator considers appropriate.

The Regulator must give written notice of the decision and reasons for the decision to the applicant as soon as practicable.

Reviews are undertaken by the Review Unit, Workers’ Compensation Regulatory Services within the Office of Industrial Relations. For more information on how to apply for a review, please contact the Review Unit on 1300 739 021 or at compliancereviews@oir.qld.gov.au.

Appeal to the Queensland Industrial Relations Commission

If an applicant for review of a compliance notice is unhappy with a review decision made by the Regulator, they can lodge an appeal with the Queensland Industrial Relations Commission (QIRC) within 20 business days of receiving notice of the Regulator’s decision.

An appeal suspends the operation of the notice until the appeal is finally decided. However, the QIRC may decide to lift the stay if satisfied it is in the interests of justice to do so.

An appeal must be started by filing a Form 9 - Workers’ Compensation and Rehabilitation (WCR) notice of appeal in the QIRC’s industrial registry.

The Appeals Unit, Workers’ Compensation Regulatory Services defends appeals on behalf of the Regulator in the QIRC. The parties to an appeal are the:

• appellant – the aggrieved party who files the appeal
• respondent – the Regulator.

The QIRC has the same powers as the Regulator in deciding the review of the compliance notice. The QIRC may:

• confirm the Regulator’s decision
• set aside the Regulator’s decision and substitute a new decision, or
• set aside the decision and return the matter to the Regulator with the directions the QIRC considers appropriate.

An appeal will be resolved either by a decision from the QIRC after a hearing, by the appellant discontinuing the appeal, or the Regulator seeking orders to concede the appeal.

For assistance

Employers can obtain advice from the Workers’ Compensation Information and Advisory Service for Employers, who can be contacted on 1300 365 855, or a specific association of which an employer is a member.

First published: 11 December 2024