Requesting reconsideration of a decision
We make decisions on a variety of matters concerning employers, workers and levy payers under the Building and Construction Industry (Portable Long Service Leave) Act 1991, Contract Cleaning Industry (Portable Long Service Leave) Act 2005 and the Community Services Industry (Portable Long Service Leave) Act 2020.
In most cases, you'll receive written advice outlining the decision we've made and what you can do if you're not satisfied.
Building and construction industry
Your options
If you are not satisfied with a decision made by QLeave, you may have the decision reconsidered by proceeding with one of the following options:
- You may apply to QLeave to reconsider its decision about your matter. If you are still dissatisfied after receiving a reconsideration decision, you may file an appeal with an Industrial Magistrate; or
- You may file an appeal directly with an Industrial Magistrate. If you are still dissatisfied after receiving a decision from an Industrial Magistrate, you may file an appeal with the Industrial Court.
How to lodge a reconsideration application with QLeave
- An application for reconsideration must be lodged within 45 days after the original decision was provided by QLeave.
- If the decision was about QLeave's register of workers an application for reconsideration can be lodged at any time.
To request a reconsideration of a decision, please complete the QLeave Reconsideration form. You can type your information directly on the form and submit it to QLeave by clicking the 'submit’ button.
OR
Contact us to request a PDF form and return to us via:
Post – QLeave. PO Box 348, Archerfield BC QLD 4108
Email – recon@qleave.qld.gov.au.
How to file a notice to appeal with an Industrial Magistrate / Industrial Court
A notice to appeal must be lodged within 28 days after the original decision was provided by QLeave. Should QLeave fail to make a decision within the timeframe required to make the decision, you may lodge the notice to appeal within 45 days after that deadline.
If you choose to appeal to an Industrial Magistrate, please complete a Notice of Appeal form and lodge this directly with the Industrial Magistrate.
For further information about filing a notice to appeal with the Industrial Magistrate, or appealing an Industrial Magistrate's decision with the Industrial Court, including appeal timeframes, please go to www.qirc.qld.gov.au
Contract cleaning industry
Your options
If you are not satisfied with a decision made by QLeave, you may apply to QLeave to have the decision reviewed internally, this is known as a reconsideration/internal review request (reconsideration). Types of decisions that may be internally reviewed include:
- A decision about an application lodged with QLeave.
- A decision about a levy payment.
- An entry made by QLeave into a register of workers or a register of employers.
- A direction or notice that is given by QLeave.
How to request reconsideration with QLeave
If you're dissatisfied with a QLeave decision you may apply to QLeave for an independent senior officer to conduct an internal review (reconsideration).
To have a QLeave decision reviewed, please complete the online QLeave Reconsideration/Internal Review Request form and ensure you attach all relevant supporting documentation at the time of submission.
Timeframes
Please note, timeframes for lodgement of your reconsideration/internal review request will vary depending on the type of application that you lodge.
Type of Application:
- Original decision relating to information contained in a notice of service (long service leave statement) - your application for reconsideration must be lodged within 6 months of receiving the original notice.
- Original decision about cancellation of registration - your application for reconsideration must be lodged within 45 days after the original decision is made or given.
- Original decision relating to an entry in the register of workers - your application for reconsideration may be lodged at any time.
Other parties involved in a reconsideration decision
If there are other parties affected by the reconsideration request, QLeave may contact these parties to obtain all information needed to review the decision.
If you're dissatisfied with the outcome of QLeave's internal review (reconsideration), you may file an appeal with an Industrial Magistrate.
To file an appeal to the Industrial Magistrate you must submit a Notice of Appeal form with your nearest Magistrates Court.
The notice of appeal must state the following:
- The decision being appealed against.
- The material facts relied on in support of the appeal.
- The relief sought.
You must file an appeal with an Industrial Magistrate within 28 days from the day:
- the reconsidered decision is given to you; or
- the reconsideration request is refused.
For further information about filing a notice to appeal with the Industrial Magistrate, please go to www.qirc.qld.gov.au.
Community Services Industry
Your options
If you are not satisfied with a decision made by QLeave, you may apply to QLeave for an internal review of the decision. Types of decision that may be reviewed include:
- A decision about an application lodged with QLeave.
- A decision about a levy payment.
- An entry made by QLeave into a register of workers or a register of employers.
- A direction or notice that is given by QLeave.
How to request an internal review
If you're dissatisfied with a QLeave decision you may apply to QLeave (through a 'QLeave Reconsideration/Internal Review' form) for an independent senior officer to conduct an internal review (reconsideration) to give further consideration to the matter within the following time frames:
- Original decision relating to information contained in a notice of service (long service leave statement) - your application for reconsideration must be lodged within 6 months of receiving the original notice.
- Original decision about cancellation of registration - your application for reconsideration must be lodged within 45 days after the original decision is made or given.
- Original decision relating to an entry in the register of workers - your application for reconsideration may be lodged at any time.
If QLeave is satisfied special circumstances apply to your notice of reconsideration, it may decide the time for applying for reconsideration be changed to a later stated time.
To request a reconsideration of a decision, please complete the QLeave Reconsideration form. You can type your information directly on the form and submit it to QLeave by clicking the 'submit’ button.
OR
Contact us to request a PDF form and return to us via:
Post – QLeave - PO Box 348, Archerfield BC QLD 4108
Email – recon@qleave.qld.gov.au
Other parties involved in a reconsideration decision
If QLeave decides the employer or a worker of the involved person (person who lodged a reconsideration application) may have an interest in the matter, QLeave must give notice of the application and supporting documents to the employer or worker and invite submissions. Submissions on the application may be made to QLeave before a stated day at least 14 days after the application is made to QLeave.
If a person makes a submission on the application, the authority must provide a copy of the submission to the involved person and allow at least 7 days after the copy is given to the involved person to make a further submission to QLeave.
If you're dissatisfied with a QLeave internal review (reconsideration) you may:
1. File a notice to appeal with an Industrial Magistrate
To file an appeal to the Industrial Magistrate you must submit a Notice of Appeal form with your nearest Magistrates Court.
The notice of appeal must state the following:
- The decision appealed against.
- The material facts relied on in support of the appeal.
- The relief sought.
You must file an appeal with an Industrial Magistrate within 28 days from the day the reconsidered decision is given to you.
For further information about filing a notice to appeal with the Industrial Magistrate, please go to www.qirc.qld.gov.au.