In this episode of P.I. Case Note, accident legal partner and personal injury lawyer Michelle Wright examines the Queensland Industrial Relations Commission’s decision in State of Queensland (Office of the Governor) v Workers’ Compensation Regulator & Anor [2025] QIRC 210, which addresses the rarely invoked power to reopen workers compensation proceedings after trial has concluded but before a decision is delivered. The case involved Miss Kellys, an executive support officer who suffered psychiatric injury from increased workload and insufficient management action, and who successfully applied to introduce new psychiatric evidence after the hearing had closed—a procedural move that would typically be denied in most jurisdictions.
The Commission’s comprehensive analysis reveals the strict criteria for applications to reopen workers’ compensation proceedings, balancing the interests of justice against procedural finality. Commissioner Brown found that sections 484 and 485 of the Industrial Relations Act 2016 (Qld)—which allow reopening proceedings—do not apply to workers’ compensation appeals, but that section 451’s broad power to do “all things necessary or convenient” combined with the Commission’s inherent powers as a court of record provided jurisdiction. The decision establishes four key categories where reopening may be granted: fresh evidence unavailable earlier, inadvertent error, mistaken apprehension of facts, or mistaken apprehension of law. Critically, the Commission accepted Miss Kellys’ explanation that she genuinely believed the Regulator possessed her 2023 psychiatric report and had deliberately chosen not to rely on it, making her failure to tender it an inadvertent error rather than tactical decision-making. Despite the obvious prejudice to the State, the Commission prioritised the materiality of the psychiatric evidence in a hearing de novo.
Listen for Michelle Wright’s detailed analysis of this important decision on the power to reopen workers’ compensation proceedings and its implications. If you’re involved in workers’ compensation litigation and discover crucial evidence after trial, the experienced team at accident legal understands these complex procedural issues. With over 30 years of experience across Queensland, we know when and how to make applications to reopen proceedings, and equally importantly, when such applications are likely to succeed or fail. Contact us for a free consultation on (07) 3740 0200—we’ll ensure no procedural stone is left unturned in protecting your compensation rights.
