Workers’ Compensation and Rehabilitation Act 2003

A person to whom a compliance notice is given may apply to the Regulator for review of the compliance notice.

The application must be made within 10 business days after the day the compliance notice is given to the person.

The Regulator may, at any time, extend the time for making the application.

The application—

must be made in the approved form and given to the Regulator; and

must state the grounds on which the applicant seeks review; and

may be accompanied by evidence or information the applicant wants considered in the review.

An application for review has the effect of staying the operation of the compliance notice until the review is decided and the period for appealing against the decision on the review expires.

The Regulator—

must review the decision to issue the notice and the terms of the notice as issued or amended; and

may ask the applicant to provide further information reasonably necessary for making a decision on the application.

The Regulator must decide the application within 10 business days after the day the application is made.

However, the time for making a decision may be extended if, in the opinion of the Regulator, the extension is reasonably necessary—

to enable the applicant to provide further information; or

to consider further information provided by the applicant.

In deciding a review, the Regulator has the same powers as an authorised person has to issue a compliance notice.

The Regulator may—

confirm the compliance notice; or

withdraw the compliance notice; or

withdraw the compliance notice and issue a new compliance notice in a form the Regulator considers appropriate.

The Regulator must give the applicant written notice of the Regulator’s decision as soon as practicable.

The notice must state the reasons for the decision.

If the Regulator confirms the compliance notice or issues a new compliance notice, the notice must also state—

that the applicant may appeal against the decision to the industrial commission within 20 business days after the day the notice is given; and

that, under section 537E(4), an appeal against the decision stays the operation of the notice subject to an order of the industrial commission.