Workers' compensation

Appeals commence at the Commission by filing a Form 9 - WCR notice of appeal.

Form 9, and all other forms, can be filed at the Industrial Registry via the following methods:

In most instances the registry will communicate with you by email. If you have not provided an email address on your Form 9 then the registry will be in contact with you requesting that you provide an email address. If you do not have an email address then the registry will communicate with you by post.

After your appeal is accepted for filing the Registry will send you and the Regulator a stamped copy of the Form 9 and a Directions Order. The stamp will represent that date on which your document was accepted for filing. For more information about commencing an appeal see "Part 3: Appeals to the Commission" of the Workers' compensation appeal guide.

For more information about the directions order see "Part 4: Directions Order" of the Workers' compensation appeal guide.

During the course of complying with the directions order you may participate in a number of conferences. The conferences are meant to help the parties better understand their respective positions. 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.

If your matter does not resolve it will proceed to a hearing. Hearings are formal and conducted in a court room. Witnesses are called, documents are tendered as evidence, and parties make submissions. For more information about a hearing, and how to prepare for one, see "Part 7: Hearings" of the Workers' compensation appeal guide.

You must ensure that all oral evidence, documentation and/or other material on which you intend to rely at the hearing is ready to be presented at the hearing. Any documentation/material not presented at the hearing will not be "in evidence" and will not be considered by the member when deciding your appeal.

After the hearing has finished the member who heard your matter will write a decision with reasons for that decision. Currently members of the Commission aim to have their decisions completed within three months of the last date on which the parties appeared before the Commission.

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.

Please refer to Schedule 2, Part 2, Scale C of the Uniform Civil Procedure Rules 1999 for further information.

If you are unhappy with the final decision of the Commission then you may appeal it to the Industrial Court of Queensland.

If you do wish to appeal the decision of the Commission you must do so within the appeal period. The appeal period is 21 days from the date on which the decision of the Commission was released – this date will be on the front page of the decision. The decision will also be emailed to you on that day. If you do not have an email address it will be sent to you by post on the day on which it is released.

Appeals to the Industrial Court of Queensland are commenced by completing and filing a Form 5 - Application to appeal

For a more detailed guide on conducting a workers' compensation appeal download the Workers' compensation appeal guide.

If you are representing yourself in a hearing or conference before the Industrial Court or Commission, please refer to the "Fact Sheet - Tips for the Self Represented Litigant"

Below are the forms you will need for your workers' compensation appeal. Alternatively, visit our forms webpage for all forms.

• Form 9 - WCR notice of appeal
• Form 9A - Appellant's statement of facts and contentions psychiatric and/or psychological injuries
• Form 9B - Appellant's statement of facts and contentions physical and/or psychiatric/psychological secondary injuries
• Form 9C - Respondent's statement of facts and contentions
• Form 23 - List of documents [pdf]
• Form 23 - List of documents [word]
• Form 29 - Notice of non-party disclosure
• Form 32 - Request for attendance notice
• Form 32A - Attendance notice to give evidence
• Form 32B - Attendance notice to produce
• Form 32C - Attendance notice for production and to give evidence