Privacy & Right to information
We are committed to protecting the privacy of our customers. The Information Privacy Act 2009 governs how we collect, store, use and disclose your personal information.
Generally, we only release personal information if we are authorised or must do so by law. We strive to maintain a balance between protecting a workers’ privacy and providing an employer with information to assist them. Our Administrative release policy provides more detail of the information we release.
For workers, this means that some information about you may be released to your employer.
What information is given over the phone?
We can discuss information with you over the phone once we have confirmed your identity. We can also discuss matters with people you authorise, for example you may prefer a family member or representative to make enquiries. We will establish that the caller is authorised by you before discussing any claim details.
Generally, we will not discuss information over the phone unless we are authorised or must do so by law, for example with Centrelink. We will not disclose your address or other contact details.
Who else can access my information?
We can release information to any person you authorise (for example if you give authority to a CTP insurer to access information from your claim file).
Other people we may release information to include:
- employers—we can release rehabilitation or return to work information (for example a suitable duties plan) or information relating to a decision we have made (this may include a copy of the reasons for decision if the claim is not accepted)
- medical and allied health providers—we might provide documents to our service providers to assist with the management of your claim and ensure the best outcome for all parties (for example providing a copy of your doctor's report to an independent doctor to assist with an assessment)
- other agencies—we may exchange documents with other agencies, for example Q-COMP, other self-insurers, Workplace Health and Safety, and Centrelink
- market research companies engaged by WorkCover.
Note: Section 572A(1) of the Workers’ Compensation and Rehabilitation Act 2003 states that a person must not use or access documents for employment purposes, for example pre-employment check.
There may also be times when we are required by law to release information, for example a subpoena for documents relating to a court matter.
Under the Right to Information Act 2009, anyone can apply for access to documents held by WorkCover—this includes your claim file. However, there are exemptions that may apply and we can consult with you if we have concerns about releasing information.
More information is available under our applications under the RTI Act or IP Act section.
What can a customer advisor discuss with me?
Customer advisors can discuss the claim and injury in general terms. This may include:
- the nature of the worker’s injury
- work-related causes of the injury
- rehabilitation and return to work issues
- the status of the claim
Unless you have the injured workers’ written authority, a customer advisor cannot discuss an injured workers’ personal information with you.
What documents can I access on my employees files?
Generally, we only release personal information if we are authorised or must do so by law. This means we cannot release entire copies of claim files without the worker’s signed authority to do so.
However, under the Workers' Compensation and Rehabilitation Act 2003 we are granted permission to release documents under specific circumstances.
- Section 572A(2) enables us to release information relating to a workers’ capacity to work if it assists in the worker’s rehabilitation and return to work.
- Section 573(7a) enables permissible disclosure of information relating to review decisions as approved by the Chief Executive Officer.