QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Safarimaznabi v The Workers' Compensation Regulator [2025] QIRC 289 |
| PARTIES: | Safarimaznabi, Soroush v The Workers' Compensation Regulator |
| CASE NO: | WC/2025/37 |
| PROCEEDING: | Application within existing proceedings |
| DELIVERED ON: | 28 October 2025 |
| MEMBER: | Caddie IC |
| HEARD AT: | On the papers |
| ORDER: | The application is dismissed. |
| CATCHWORDS: | INDUSTRIAL LAW – REFERRAL TO THE FULL BENCH – Where the Appellant in the substantive appeal against a decision of the Workers' Compensation Regulator seeks that the matter be referred to the Full Bench – in the alternative, the Appellant seeks the matter be referred to a judicial officer with specific qualifications – requirements for exercise of discretion to refer matters to the Full Bench – application dismissed. |
| LEGISLATION AND INSTRUMENTS: | Constitution of Queensland 2001 (Qld) s 58 Industrial Relations Act 2016 (Qld) ss 3, 429, 447, 450, 486 Workers' Compensation and Rehabilitation Act 2003 (Qld) ss 32, Ch 13 |
| CASES: | Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 Re variation of Hospital and Health Service General Employees (Queensland Health) Award – State 2015 [2021] QIRC 103 Simon Blackwood (Workers' Compensation Regulator) v Adams [2015] ICQ 001 Tilley v State of Queensland (Queensland Health) [2023] QIRC 262 Van Der Berg v WorkCover Queensland [2021] QSC 028 |
Reasons for Decision
The substantive appeal is brought by Mr Soroush Safarimaznabi ('the Appellant') against a decision of the Workers' Compensation Regulator ('the Respondent') dated 5 February 2025 to reject his application for compensation in respect of an alleged psychological injury.
The Appellant, in an application within proceedings filed on 26 September 2025, seeks that the matter be referred to the Full Bench for hearing pursuant to s 486 of the Industrial Relations Act 2016 (Qld) ('the IR Act'). In the alternative the application seeks that the matter be referred to a 'judicial officer with Supreme Court-approved qualifications and experience.'[1] The Appellant contends referral is necessary to safeguard natural justice and procedural fairness.
[1] Form 4 Application, filed 26 September 2025. It was not clear if the alternative outcome meant referring the matter to a member of the Commission who has been admitted as a solicitor in the Supreme Court, or referral of the matter to the Supreme Court.
Background
The Appellant lodged a claim for compensation for a psychiatric injury on 28 August 2024 ('the first application'). The first application resulted in a decision by WorkCover on 20 September 2024 that rejected the application on the basis the Appellant had not sustained an injury within the meaning of the Workers' Compensation and Rehabilitation Act 2003 (Qld) ('the WC Act'). The decision also found that the management action taken by the Appellant's employer had been reasonable…
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- Case
- [2025] QIRC 289
- Decision Date
CaseChat Overview and Summary
The legal issue for the court to decide was whether the matter warranted referral to the Full Bench. The court considered whether the statutory tests to be applied in the context of this appeal were any different to any other routine Workers Compensation appeal. The court also considered whether the facts underlying the appeal were novel or overly complex. The court found that no argument had been put forward by the applicant that would warrant the exercise of the court's discretion to refer the matter to the Full Bench. The court found that the statutory tests to be applied in the context of this appeal were no different to any other routine Workers Compensation appeal. The court also found that the facts underlying the appeal were not novel or overly complex. Therefore, the application for referral of the matter to the Full Bench was dismissed.
In conclusion, the court found that the applicant had not demonstrated that the matter warranted referral to the Full Bench. The court found that the statutory tests to be applied in the context of this appeal were no different to any other routine Workers Compensation appeal. The court also found that the facts underlying the appeal were not novel or overly complex. The court found that no argument had been put forward by the applicant that would warrant the exercise of the court's discretion to refer the matter to the Full Bench. The application for referral of the matter to the Full Bench was dismissed.
The court ordered that the application for referral of the matter to the Full Bench be dismissed. The applicant reserves all rights to seek further judicial review in the Supreme Court or High Court should the Commission's handling of these issues raise questions of law or constitutional principle.
Orders
Orders of the court
The application is dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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