Cheng v Workers' Compensation Regulator - [2025] QIRC 267

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Cheng v Workers' Compensation Regulator 2025 QIRC 267
PARTIES:	Cheng, Rameeya (Applicant) v Workers' Compensation Regulator (Respondent)
CASE NO:	WC/2025/183, WC/2025/184 & WC/2025/185
PROCEEDING:	Application to be legally represented
DELIVERED ON:	7 October 2025
MEMBER: HEARD AT:	O'Connor VP On the papers
ORDER:	Leave is granted for the Respondent to be legally represented in matter WC/2025/183, WC/2025/184 and WC/2025/185 pursuant to s 552B of the Workers' Compensation and Rehabilitation Act 2003 (Qld).
CATCHWORDS:	INDUSTRIAL LAW – WORKERS' COMPENSATION APPEAL – APPLICATION FOR LEGAL REPRESENTATION – Industrial Relations Act 2016 (Qld) – where the respondent has applied for leave to be legally represented under s 552B of the Workers' Compensation and Rehabilitation Act 2003 (Qld) – where the application is opposed – whether commission should exercise discretion to grant leave – where leave granted.
LEGISLATION: CASES:	Industrial Relations Act 2016 (Qld) s 529, s 530 Workers Compensation and Rehabilitation Act 2003 (Qld) s 552 Mario v Workers' Compensation Regulator [2021] QIRC 406 State of Queensland (Office of the Governor) v Workers' Compensation Regulator & Anor [2024] QIRC 205 Tuesley v Workers’ Compensation Regulator (2021) 307 IR 395 Turay v Workers’ Compensation Regulator [2023] ICQ 13 Wanninayake v State of Queensland (Department of Natural Resources and Mines) [2014] QIRC 79 Workers’ Compensation Regulator v Glass (2020) 4 QR 693 Zhong v Melbourne Health [2015] VSCA 165

Reasons for Decision

The Appellant, Rameeya Cheng, filed a WCR Notice of appeal in respect of matters WC/2025/183, WC/2025/184 and WC/2025/185, seeking inter alia, for the decisions of the Respondent, the Workers' Compensation Regulator ('the Regulator'), be set aside and a new decision made by the Commission.
The Regulator has sought leave, pursuant to s 552B of the Workers' Compensation and Rehabilitation Act 2003 (Qld) ('WCR Act') to be legally represented in these proceedings.
The Appellant objects to leave being granted for the Regulator to be legally represented.
This decision deals with all applications.

The Legislative Scheme

Section 552B of the WCR Act provides for legal representation at conference or the hearing of an appeal in the following terms:

552B Legal representation at appeal or conference

A party may be represented by a lawyer at a conference called under section 552A or at the hearing of an appeal, but only with—

(a)the agreement of the parties; or
(b) the appeal body’s leave.

An appeal body is defined in the WCR Act as the Industrial Commission. [1]
[1] WCR Act s 548A(1).
Section 552B falls within Chapter 13, Part 3, Division 1 of the WCR Act.
Chapter 13 of the WCR Act deals with reviews and appeals.

Relevantly, Part 3 Division 1 of the WCR Act deals with an appeal to an Industrial Magistrate or the Industrial Commission.

Section 548 of the WCR Act provides that Part 3, Division 1 applies to, inter alia, a review decision.[2]
[2] WCR Act (n 1) s 548(1)(a).
As noted above, matters WC/2025/183, WC/2025/184 and WC/2025/185 are appeals to the Commission of a review…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Cheng v Workers' Compensation Regulator

Details

AGLC: Cheng v Workers' Compensation Regulator [2025] QIRC 267
Case: [2025] QIRC 267
Decision Date: 7 October 2025

CaseChat Overview and Summary

In the matter of Cheng v Workers' Compensation Regulator, the applicant, Cheng, contested the Workers' Compensation Regulator's application to be legally represented in three separate workers' compensation claims. The dispute involved the interpretation and application of section 552B of the Workers' Compensation and Rehabilitation Act 2003 (Qld). Cheng opposed the application, raising concerns about the potential impact on the fairness and efficiency of the proceedings. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT), which had to determine whether the Workers' Compensation Regulator should be granted leave to be legally represented in the proceedings.

The primary legal issue before the tribunal was whether it should exercise its discretion under section 552B of the Workers' Compensation and Rehabilitation Act 2003 (Qld) to allow the Workers' Compensation Regulator to be legally represented. This required an assessment of the relevant statutory criteria and the potential impact on the proceedings. The tribunal also considered the opposing party's arguments and the principles of fairness and efficiency in the administration of justice.

The tribunal found that the Workers' Compensation Regulator's application met the statutory criteria for legal representation. The tribunal noted that the complexity and importance of the issues involved justified the need for legal representation to ensure a fair and efficient resolution of the claims. After weighing the arguments from both parties, the tribunal concluded that granting leave for legal representation would not prejudice the applicant and would, in fact, facilitate a more effective and expeditious resolution of the disputes. Consequently, the tribunal exercised its discretion to grant leave for the Workers' Compensation Regulator to be legally represented.

As a result of the tribunal's decision, the Workers' Compensation Regulator was granted leave to be legally represented in the three workers' compensation claims. This decision allows the regulator to engage legal counsel to assist in the presentation and defence of its position in the proceedings.

Orders

Orders of the court

Leave is granted for the Respondent to be legally represented in matter WC/2025/183, WC/2025/184 and WC/2025/185 pursuant to s 552B of the Workers' Compensation and Rehabilitation Act 2003 (Qld).

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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