Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 537E

537E Appeal to industrial commission

(1) An applicant for review of a compliance notice may appeal to the industrial commission against the Regulator’s decision on the review.

(2) The appeal must be started by filing a notice of appeal in the industrial registry within 20 business days after notice of the Regulator’s decision is given to the person.

(3) The industrial commission may, at any time, extend the time for making the appeal.

(4) An appeal has the effect of staying the operation of the compliance notice until the appeal is finally decided.

(5) However, the industrial commission may, on the application of the Regulator or on its own initiative, make an order lifting the stay on the operation of the compliance notice or a stated part of the compliance notice if satisfied that it is in the interests of justice to do so.

(6) An order under subsection (5) may state a day by which the compliance notice, or the stated part of the compliance notice, to which the order relates must be complied with.

(7) The Regulator and the appellant may be represented by a lawyer in the proceedings.

(8) The Regulator must comply with a request of the industrial commission to give the commission—

(a) documents or things in the Regulator’s possession or control that may be relevant to the appeal; or

(b) an additional statement containing stated further particulars relating to the Regulator’s reasons for the decision.

(9) In deciding the appeal, the industrial commission has the same powers as the Regulator in deciding the review of the compliance notice.

(10) The Industrial Relations Act 2016 , section 447 (2) , does not apply to the appeal.

(11) The industrial commission may—

(a) confirm the Regulator’s decision; or

(b) set aside the Regulator’s decision and substitute another decision; or

(c) set aside the decision and return the matter to the Regulator with the directions the commission considers appropriate.

(12) The industrial commission must give a written copy of the decision to the Regulator and appellant.

(13) A regulation may prescribe circumstances in which costs are in the industrial commission’s discretion.