You can appeal against a decision by an arbitrator in a Workers Compensation Commission matter.
There must be good reasons for lodging an appeal and most people get legal advice before lodging an appeal.
Appeal criteria
There are two criteria or 'threshold issues' that must be met for an appeal:
- Timing is crucial. The appeal process must be started within 28 days of the date of the arbitrator's decision, unless an extension of time is sought.
- An appeal cannot be made unless the amount of compensation at issue is at least $5,000 and at least 20% of the amount awarded in the decision.
Lodging an appeal
An Appeal must be made on the correct form, Appeal Against Decision of Arbitrator - Form 9. You can download Form 9 or call us for a copy on 1300 368 040.
The requirements for lodging an appeal have changed. Please read our Guide to completing Form 9, the Workers Compensation Commission Rules 2006 and Practice Direction No. 6: Appeal against a decision of the Commission constituted by an Arbitrator. You can also call us on 1300 368 040 for help.
If your appeal application fails to meet the requirements, it will be rejected and you will be advised of the reasons for the rejection.
Responding to an appeal
If any other parties in your case oppose the application to appeal, they must respond within 14 days of receiving the Application to Appeal Against Decision of Arbitrator. The form Notice of Opposition to Appeal Against Decision of Arbitrator - Form 9A will need to be completed. You can download Form 9A or call us for a copy on 1300 368 040.
The requirements for replying to an appeal have changed. Please read our Guide to completing Form 9A, the Workers Compensation Commission Rules 2006, and Practice Direction No. 6: Appeal against a decision of the Commission constituted by an Arbitrator. If you still need help you can call us on 1300 368 040.
Appeal decisions
Appeals against the decision of an arbitrator come before a presidential member of the Commission. An appeal will be determined either:
- on the papers, or
- by a hearing.
The decision of the President or Deputy President is final. Following their decision, any further right of appeal must be based on there being an error of law.
Do you have any questions? Please contact us.
Back to Appeals