Applying for an internal review

An application must be in writing. See options below.

It is recommended that you use the web form to ensure that you have included all relevant information, avoiding further delays in the need to clarify your application.

What should you include in your application?

When you make an application for internal review, you are requesting that the Commission change a decision that it has already made. It takes more than your personal belief that a decision is wrong or unfair for a decision to be changed.

It is important that you clearly explain:

  • What part of the original decision is wrong? If there are multiple items or several findings in an original decision, which parts do you particularly consider to be wrong?
  • Why is the original decision/ part of the original decision wrong? In particular, what is your response to the findings made by the original decision maker? For example, if the original decision is based on a lack of information, either provide that information or explain why that information is not relevant/needed.
  • How have you come to the conclusion that the original decision is wrong, including what evidence or information do you have to support your point of view? For example, have you obtained more information or expert advice? Was a crucial part of the information you have previously provided missed or not considered by the original decision maker?

 

Timeframes for applying

When should I apply to have a decision reviewed?

Applications to review decisions must be lodged with the Commission within 28 calendar days after the applicant is given notice of the original decision or otherwise becomes aware of the decision to which the application relates.

Use this time

You only have one chance at an internal review.

The 28 calendar day period is intended to give you sufficient time to:

  • carefully consider the original decision,
  • seek clarification from the original decision maker (if needed),
  • gather further information and evidence that may assist the Commission make a different decision.

Once you have gathered this information, present this evidence as part of your internal review application.

Applying outside of the 28 days

If you have not made an internal review application within 28 calendar days, you may still make an application to the Internal Review Unit after this period expires. A decision will then be made about whether to accept your 'out of time' application.

There must be sufficient justification for accepting an ‘out of time’ application. It is your responsibility to provide reasons for why there was a delay in making the application.

The case officer will then consider one or more factors, including (but not limited to):

  • the length of the delay, being the amount of time between when the 28 days expired and when you made your application;
  • your reasons for delay and whether you have provided sufficient evidence to demonstrate these reasons
  • the relevance of your reasons for delay (i.e. the reasons should be directly relevant to explaining the delay);
  • the merits of the application for internal review – including whether you have provided persuasive evidence or new evidence demonstrating that the original decision may be incorrect;
  • whether accepting the application will result in prejudice to other parties or the Commission.

If the application is not accepted out of time, you cannot review the decision not to accept the application but you can seek to make an out of time application to QCAT about the original decision you are seeking to review.

How to apply

Apply online

You can apply online.This is the best option for making an application as it will ensure that your application is immediately received by the Internal Review Unit and that you have provided all the information necessary to start the review process.

Please note, it's best to use the following browsers:

  • Chrome
  • Firefox
  • Opera etc.

However, if using Internet Explorer, please try turning off Compatibility View.

As there is a character limit on the form, you have the opportunity to attach further information at the end of the web form. 

Email or mail submission

Please head your application with 'ATTENTION: INTERNAL REVIEW UNIT'. Your application should contain the following information:

  • Your name and best contact information
  • What decision you would like to have reviewed (including the original case reference number, usually at the top right hand side of the decision letter you received)
  • The date of the decision (i.e. the date at the top of the decision letter or when you received the decision)
  • Who made the original decision (usually the person whose name is at the end of the decision letter)
  • Why the original decision is incorrect or what information you believe was not considered/ missed by the original decision maker
  • What you would like to occur
  • Whether you have been to QCAT about the matter (please provide the QCAT reference number)
  • Any new information you think will help explain why the decision should be changed e.g. new expert reports you have received, facts or circumstances that you have not advised us of that may change the decision
  • If your application is being made outside the 28 calendar day period, reasons for the delay in making your applications.
  • If you would like an agent to act on your behalf, your written authority is required

Sending your application