What decisions can be reviewed?
Applicants and licensees can apply to the Chief Executive for an internal review of a decision if:
- an application for a licence has been refused
- an application for renewal of a licence has been refused
- a licence has been suspended
- a licence has been cancelled
- conditions have been imposed on a licence
- an application to change a nominated officer has been refused
- an inspector has seized a thing.
Interested people can also apply to the Chief Executive for an internal review of a decision if:
- an application for a licence has been granted
- a licence has been suspended
- conditions have been imposed on a licence.
Reviews of decisions by the Chief Executive can be made by submitting an Application for internal review of decision (Form 3).
Applications for review must be made within 28 days after the relevant decision.
Applicants and licensees
Applicants and licensees need to submit an application for internal review within 28 days of receiving an information notice about the decision, or if you didn't receive an information notice, within 28 days after the day you became aware of the decision.
Interested persons
Interested persons must submit an application for internal review within 28 days of information about the decision first appearing on the public register.
Licensees will be notified if an application for internal review is submitted by an interested person in response to a decision made about their licence.
An application for internal review does not immediately change the outcome of the original decision.
All parties to the application will receive a notice of the decision within 21 days of the application for internal review being made.
Cost of a review
There is no cost associated with submitting a review request to the Office of Industrial Relations. If you engage a third party to help you prepare your review application, you will be responsible for their costs.
Stay of operation of decision
An application for internal review does not override the result in the original decision. If you want the original decision to be set aside you can make an application to the Queensland Civil and Administrative Tribunal (QCAT) for a stay of a decision for a time set by QCAT. If successful the decision will be suspended until either a review decision is made or a later date set by QCAT.
An application for a stay of decision can be made to QCAT.
Appeal to QCAT
You can apply to QCAT to undertake an review of the administrative decision reached by the Office of Industrial Relations. Licensees affected by a review decision made by an interested person are also able to appeal.
Applications must be lodged within 28 days of receiving the notice of decision.
