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 have the decision reviewed internally, known as a reconsideration/internal review request. Types of decisions that may be internally reviewed include:

• A decision, determination, direction or notice made or given by QLeave.
• The accuracy of a notice given to the person under this Act.
• An entry in the register of workers.

You may also file an appeal directly with an Industrial Magistrate.

How to request a reconsideration/internal review with QLeave

If you’re dissatisfied with a QLeave decision, you may apply to QLeave for an internal review.

To have a QLeave decision reviewed, please complete the online Reconsideration/Internal Review Form and ensure you attach all relevant supporting documentation at the time of submission. You should receive an automated confirmation email when your application has been submitted.

Alternatively, you can 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

Timeframes

Please note, legislative timeframes apply to the lodgement of your reconsideration/internal review. Timeframes will vary depending on the type of decision you are seeking to be reviewed.

Type of Application:

1. An application for a reconsideration/internal review must be lodged within 45 days after the original decision was given.
2. If the decision is in relation to the accuracy of an entry in the register of workers, an application for a reconsideration/internal review, can be made at any time.

How to appeal the reconsideration/internal review decision?

To file an appeal to the Industrial Magistrate, you must complete a Notice of Appeal form and lodge 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 reconsideration 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.

If you are still dissatisfied after receiving a decision from an Industrial Magistrate, you may file an appeal with the Industrial Court.

Your options

If you have been aggrieved by an original decision made by QLeave, you may apply to have the decision reviewed internally. This is known as an application for reconsideration/internal review request. Types of decisions that may be internally reviewed include:

• A decision made by QLeave in relation to a matter for which an application can be made or in relation to a levy or levy amount.
• 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 a reconsideration/internal review with QLeave

To have a QLeave decision reviewed, please complete the online Reconsideration/Internal Review Form and ensure you attach all relevant supporting documentation at the time of submission. You should receive an automated confirmation email when your application has been submitted.

Alternatively, you can 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

Timeframes

Please note, legislative timeframes apply to the lodgement of your reconsideration/internal review. Timeframes will vary depending on the type of decision you are seeking to be reviewed.

Type of Application:

1. If the original decision related to information contained in a notice of service (long service leave statement) – your application for reconsideration must be lodged within 6 months of the original notice being given.
2. If the original decision relates to an entry in the register of workers, an application for reconsideration/internal review, can be made at any time.
3. Otherwise, an application for a reconsideration/internal review must be lodged within 45 days after the original decision was given.

Other parties involved in a reconsideration decision

If QLeave decides the employer or a worker of the aggrieved person (person who lodged the 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.

If that worker or employer makes a submission on the application, QLeave must provide a copy of the submission to the aggrieved person and allow at least 7 days for the aggrieved person to make a further submission to QLeave.

How to appeal the reconsideration/internal review decision?

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 got to www.qirc.qld.gov.au.

If you are still dissatisfied after receiving a decision from an Industrial Magistrate, you may file an appeal with the Industrial Court.