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Appeals commence at the Commission by filing a Form 9 - WCR notice of appeal. Appeals need to be filed within 20 business days of the day that you receive notice of the Review Decision
Form 9, and all other material, can be filed at the Industrial Registry via the following methods:
||qirc.registry [at] qirc.qld.gov.au
|In person over the counter:
Level 21, Central Plaza Two
66 Eagle Street
Brisbane QLD 4000
GPO Box 373
Brisbane QLD 4001
||(07) 3221 6074
In most instances, the Registry will communicate with you by email. If you have not provided an email address, the registry will be in contact with you requesting that you provide an appropriate email address. If you do not have an email address, the Registry will communicate with you by post.
The Commission administers its matters via Directions Orders. Directions Orders are the 'road-map' for how your appeal will be conducted; when documents are due to be filed; which documents should be filed and provided to other parties; and when you will need to come to the Commission for a conference or hearing.
For more information about the directions order see "Part 4: Directions Order" of the Workers' compensation appeal guide.
A conference is an informal meeting between the parties and a Member of the Commission, with an aim of helping all parties to understand their respective positions in the matter. It may also be beneficial in providing information and explaining the steps and procedures, with regards to the process of these matters in the Commission.
No commercial settlement is possible at the conference. Conferences for workers' compensation matters are not intended to facilitate conciliations.
For more information about what to expect at a conference, and how to prepare for one, see "Part 5: Conferences" of the Workers' compensation appeal guide.
A hearing in the Commission is a formal process where parties put forward arguments and other information (known as submissions) that are based on the evidence before the Commission. The evidence before the Commission will be the oral evidence of witnesses and the documents provided by the parties during the hearing (tendered as Exhibits).
After the hearing has finished the member who heard your matter will write a decision with reasons for that decision. All decisions of the Commission are published on the Supreme Court Library website.
For more information about a hearing, and how to prepare for one, see "Part 7: Hearings" of the Workers' compensation appeal guide.
There are no fees associated with the filing of an appeal.
However, in workers' compensation appeals "costs follow the event". This means that the unsuccessful party will usually be required to pay the costs of successful party/parties. Costs include the cost of obtaining legal advice and legal representation, any expenses in calling witnesses (flights etc.) and any outlays for expert reports and opinions.
For more information about costs and expenses, see "Part 10: Costs" of the Workers' compensation appeal guide.
If you disagree with the decision of the Commission in your matter, you may appeal the decision to the Industrial Court of Queensland.
If you choose to appeal the decision, you must do so within the appeal period, being 21 days from the date that the decision of the Commission was released – this date will be on the front page of the decision.
Appeals to the Industrial Court of Queensland are commenced by completing and filing a Form 5 - Application to appeal
For more information about appealing a decision of the Commission, see "Part 9: Appealing a decision of the Commission" of the Workers' compensation appeal guide.
Below are the forms you will need for your workers' compensation appeal. Alternatively, visit our forms webpage for all forms.
Last updated 16 July 2021