Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 550

550 Procedure for appeal

(1) The appeal must be made—

(a) if the appeal is about a review decision—within 20 business days after the appellant receives the notice of the review decision; or

(b) if the appeal is about a non-reviewable decision—within 20 business days after the appellant receives the notice of the decision stating the reasons for the decision.

(2) For subsection (1) (b) , if the notice of the decision did not state the reasons for the decision, the appellant must ask the respondent for the reasons for the decision within 20 business days after receiving the notice.

(3) However, the appellant may ask the respondent to allow further time to appeal.

(4) The appeal may be started only by filing a written notice of appeal with the appeal body.

(4A) If the appeal body is the industrial commission, the notice of appeal must be filed in the industrial registry.

(5) If the appeal body is an industrial magistrate, the notice of appeal must be filed at—

(a) the Magistrates Court nearest to the place where the appellant resides or, if the appellant is an employer, carries on business; or

(b) a Magistrates Court agreed to between the respondent and the appellant.

(6) The appellant must, within 10 business days after filing the notice of appeal, serve a copy of the notice on—

(a) if the appeal is about a review decision—the Regulator; or

(b) if the appeal is about a non-reviewable decision—the insurer.

(7) If the appellant is an employer, the appellant must also serve a copy of the notice on the claimant or worker.

(8) If a notice of appeal required to be filed in a Magistrates Court mentioned in subsection (5) (a) is filed in another Magistrates Court, the registrar of the other Magistrates Court may send any relevant documents to the registrar of the appropriate Magistrates Court.

(9) If a notice of appeal required to be filed in a Magistrates Court is filed in the industrial registry, the industrial registrar may send any relevant documents to the registrar of the appropriate Magistrates Court.

(10) If a notice of appeal required to be filed in the industrial registry is filed in a Magistrates Court, the registrar of the Magistrates Court may send any relevant documents to the industrial registrar.