We can review decisions made about Commonwealth workers' compensation
If you received a decision you don’t agree with, we might be able to help you with a review of your case.
What we can review
If you disagree with a reviewable Workers’ Compensation decision you can ask us to review it.
The decision letter will tell you if we can review the decision.
How to apply
The easiest and safest way to apply for a review is online.
To create an account and lodge an application online, you will need a valid email address and information about the decision you want us to review.
Find out more about using our online services.
You can download and fill in an application form and send it to us.
Alternatively, you can ask us for a review by:
If you want to lodge an application in person at one of our registries, or by post or email check our contact details.
When you apply for a review, we need:
- your name, postal address, telephone number and email address
- the date you received the decision
- a copy of the decision
- brief reasons why you think the decision is wrong.
If you cannot send us a copy of the decision, then include:
- the name of the department that made the decision
- a brief description of the decision
- the date the decision was made.
We can only accept an application made on behalf of someone else if you are:
- the person's lawyer
- holding a power of attorney for the person authorising the commencement of legal proceedings
- the person's appointed guardian
- the executor or administrator of the person's deceased estate.
When to apply
You should check the decision letter to find out what the time limit is to lodge an application for review.
Usually, you must apply for a review of a decision within 60 days from the day the reviewable decision is received.
Requesting an extension
You can apply to us to extend the time limit to lodge your application. You must apply in writing and include reasons why the application is late. You can do this:
- when you lodge your application for review online
- when you fill in the application form
- by writing an email or letter.
What happens after you apply for an extension of time?
We will send a copy of your extension application to the decision maker and any other party. They have 14 days to tell us if they oppose the application.
If they do not oppose the application, we will generally make a decision without holding a hearing. If they oppose the application, we will usually hold a hearing before deciding the application. The hearing might be by telephone or in person at our offices.
We will only start the review if we decide to extend the time limit.
Fees
There is no fee to apply for a review of a workers' compensation decision.
Review process
After you submit an application, we will send you a confirmation letter explaining what will happen next.
We will also notify other parties to the review that we have received the application. For these kinds of cases the parties can include:
- the decision maker
- any other person who is a party to the review.
If you are representing yourself, we will usually call you within 6 weeks after we receive the application to explain the review process and ask whether you need additional assistance, such as an interpreter.
You can find out what usually happens next in the After applying section.
You can also look at the Common Procedures Practice Direction [PDF, 425 KB] for further detail.
Getting help for your review
It is important to us that you are able to fully participate in the review and present your case.
Our processes are informal and user-friendly. You can deal with us directly with little or no assistance if you wish.
However, we understand that you may need or want assistance with your review, or other kinds of support.
Yes.
You can deal directly with us (represent yourself) or you can ask someone to help and represent you.
If you have any questions about the review process, you can ask us.
You can have someone to represent you such as:
- a lawyer or other professional person
- your spouse or partner
- a friend or relative.
If you want legal advice or someone to represent you, it is best to organise this as soon as possible.
We cannot pay for any costs of a lawyer or professional person to represent you.
Your representative can:
- communicate with us on your behalf
- give us written evidence and written submissions on your behalf
- attend the directions hearing and hearing.
We will usually send documents relating to the review. If you have a representative, we will usually send documents relating to your review to them. They will organise for the documents to be provided to you.
You must tell us immediately if there are any changes to your representative's details.
Look at the Common Procedures Practice Direction [PDF, 425 KB] for more information.
We can help you understand the review process, but we cannot give you advice about your case.
There are professional people (for example, lawyers) and other organisations that can help you with your review. You can find a list of places where you may be able to get legal advice on our Help and resources page.
Yes.
If you need an interpreter, please let us know. We will arrange for a qualified interpreter to assist, free of charge. Find out how.
For immediate assistance in your language, please contact Translating and Interpreter Services on 131 450.
Yes.
If you need assistance because of a disability, please contact us as soon as possible. We will try and make arrangements to help.
If you are deaf or have a hearing or speech impairment, contact us through the National Relay Service.
Visit our Help and resources page.
Fair, accessible and independent
We are completely separate from Comcare. We are here to make sure their decisions are legally correct and fair.