Workers’ Compensation and Rehabilitation Act 2003

An application for review must be made within 3 months after the person applying for review (the applicant) receives written notice of the decision or the failure to make a decision and the reasons for the decision or failure, unless subsection (4) applies.

For subsection (1), the applicant may, at any time but not more than once, ask the Regulator to allow further time to apply for review.

The Regulator may grant the extension if it is satisfied that special circumstances exist.

If the notice did not state the reasons for the decision or the failure to make a decision—

the applicant must ask the decision-maker for the reasons within 20 business days after receiving the notice; and

the decision-maker must give written reasons within 5 business days after the applicant asks for the reasons; and

the application for review must be made within 3 months after the applicant receives the reasons, regardless of whether the reasons addressed the matters prescribed under a regulation.

The application for review—

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 any relevant document the applicant wants considered in the review.

The Regulator must, within 10 business days after receiving the application, give the applicant and the decision-maker written notice that the application has been received.