Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 545

545 Review of decision or failure to make a decision

(1) The Regulator must, within 25 business days after receiving the application, review the decision and decide (the
"review decision" ) to—

(a) confirm the decision; or

(b) vary the decision; or

(c) set aside the decision and substitute another decision; or

(d) set aside the decision and return the matter to the decision-maker with the directions the Regulator considers appropriate.

(1A) The Regulator may act under subsection (1) (d) only if the Regulator—

(a) has considered information that was not available to, or known by, the decision-maker when the decision-maker made its decision; or

(b) believes on reasonable grounds that the decision-maker did not have satisfactory evidence or information to make its decision; or

(c) believes on reasonable grounds that the decision-maker has not observed natural justice in making its decision.

(2) If an application is about the failure to make a decision, the Regulator may—

(a) make the decision (also a
"review decision" ) after considering the information before it; or

(b) return the matter to the decision-maker with the directions the Regulator considers appropriate.

(3) The decision-maker to whom the directions are given must comply with the directions.

(4) The Regulator may extend the time in subsection (1) —

(a) with the applicant’s consent, to allow the applicant a right of appearance or to make representations under section 543 ; or

(b) with the applicant’s consent, to obtain information under section 544 ; or

(c) if the applicant applies to the Regulator in writing for time to give the Regulator further information.

(5) If the Regulator acts under subsection (1) (b) or (c) or (2) (a) , the decision is taken for this Act, other than this part, to be the decision of the decision-maker.