Workers' compensation

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 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, 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 (with regards to an appeal against a decision in relation to compensation), 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, in relation to compensation, are not intended to facilitate conciliations. 

For more information about what to expect at a conference, and how to prepare for one (with regards to an appeal against a decision in relation to compensation), 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 (with regards to an appeal against a decision in relation to compensation), 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 (with regards to an appeal against a decision in relation to compensation), costs generally "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. Costs are limited to the "costs of the hearing" so may not necessarily include, for example, some costs that arise prior to hearing.

If the matter proceeds to an appeal to the Industrial Court, the Court may order a party to pay costs incurred by another party only if satisfied the party made the appeal vexatiously or without reasonable cause.

For more information about costs and expenses (with regards to an appeal against a decision in relation to compensation), see "Part 10: Costs" of the Workers' compensation appeal guide.

If you disagree with the decision of the Commission (or an Industrial Magistrate) in your matter, you may be eligible to appeal the decision to the Industrial Court of Queensland. The Court's decision is final.

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 (or an Industrial Magistrate) was released. 

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

Generally, an appeal can only be made on two grounds:

• an error of law (meaning that you believe the Member may have misapplied the law or a legal principle to the facts): or
• an excess, or want, of jurisdiction (meaning that you believe the Member may have made a decision that is not within their power to make).

For more information about appealing a decision of the Commission (with regards to compensation), see 'Part 9: Appealing a decision of the Commission' of the Workers' compensation appeal guide. 

For a more detailed guide on conducting a workers' compensation appeal (with regards to compensation) download the Workers' compensation appeal guide.

For more information in relation to representation before the Court or Commission, please refer to the "Fact Sheet - Tips for the Self Represented Litigant" or the Representation Information Sheet. 

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 27 - Request to discontinue proceeding
• 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
• Form 67 - IM notice of appeal (to be filed at the Magistrates Court)