Compare a Queensland weekly compensation decision with the certificates

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the insurer's decision on weekly compensation and the work capacity certificates and reports the lawyer supplies, table each finding against the certificate or report. Do not write a review application or an appeal.
What the lawyer must review
  • Decide whether the decision matches the certificates
  • A review application is made to the Regulator within 3 months
  • Some appeals go to an Industrial Magistrate, not the Commission
  • The tool does not write the review or the appeal
Written for / version
Queensland versionQLDNSWVICUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Queensland weekly compensation decision recorded against a work capacity certificate

Produce. A comparison table. No review application and no appeal.

Have ready. The insurer's decision and the date it was received; The work capacity certificates and reports; Whether the decision is a reviewable decision or one of the section 548A(2) appeals.

Example of the limit. Illustrative example: The draft calculates a weekly rate from a QOTE figure it has inserted. The lawyer removes the figure and leaves the rate to the certificate, the earnings and the current QOTE notice.

Stop and hand it back when

  • The certificates are not on the file.
  • The draft is a review application or a notice of appeal.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the insurer's decision on weekly compensation and the work capacity certificates and reports the lawyer supplies, table each finding against the certificate or report. Do not write a review application or an appeal.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. WorkSafe Queensland says weekly compensation depends on the work capacity certificate or other medical opinion, the injury date, the date first assessed, how long compensation has been paid, any award or agreement, normal weekly earnings, and Queensland full-time adult ordinary time earnings. That amount is declared in a Workers' Compensation and Rehabilitation (QOTE) Notice. Do not insert the current dollar figure. The first week is paid by the employer. Weekly compensation stops at the first of return to work and earning income, a lump-sum offer, five years of weekly payments, or the total reaching the maximum amount payable. The maximum dollar amount was not opened.
  2. Section 541, as opened: a claimant, worker or employer aggrieved by a decision or a failure to make a decision may apply for review. Section 542: the application is made within 3 months after the applicant receives written notice of the decision or the failure and the reasons, unless section 542(4) applies. The applicant may ask once for further time. The Regulator may allow it if special circumstances exist. If the notice did not state reasons, the applicant asks for reasons within 20 business days, the decision-maker gives them within 5 business days, and the application is then made within 3 months after the reasons are received. The application is in the approved form, given to the Regulator, and states the grounds. The Regulator gives notice of receipt within 10 business days.
  3. WorkSafe says an appeal against a review decision of the Office of Industrial Relations is lodged with the Queensland Industrial Relations Commission within 20 business days of receiving the review decision. The Commission says a Form 9 WCR notice of appeal is filed within 20 business days of receiving notice of the review decision. There is no fee to file. Costs of a compensation appeal generally follow the event and are limited to the costs of the hearing. A compensation conference is not a commercial settlement.
  4. Section 548A(2) makes an industrial magistrate the appeal body for a Regulator decision under section 107E, a Regulator decision about a matter mentioned in section 540(1)(a)(i) to (vi), or a non-reviewable decision. Those appeals use Form 67, filed at the Magistrates Court. A further appeal to the Industrial Court is within 21 days of the decision being released, by Form 5, and the Commission page limits it to an error of law or an excess or want of jurisdiction. Practice Direction 1 of 2026 applies to submissions in the Commission.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Certificate of capacity / certificate of fitness (SIRA)FormAI use YellowLink to SIRA's certificate of capacity and certificate of fitness for workers compensation and CTP, including the doctor's certificate and the person's employment declaration.
Request for a review of a New South Wales motor accident or workers compensation decisionLetterAI use YellowA New South Wales letter asking a motor accident insurer for an internal review, or a workers compensation insurer for a review under section 287A.

Signed-in accounts can read the full text of each one. All precedents.

Sources

The WorkSafe page on lodging a review did not state the 3-month period. The period used here is section 542.

Queensland records capacity on a work capacity certificate. The tool does not rename the insurer's decision.

Do not put certificates or wage records into a public chatbot. Apply ASCR r 9 and APP 11, and consider Privacy Act notification.

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