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Access to information

As a statutory corporation, we are required to make much of our information available.

Under the Government Information (Public Access) Act 2009, certain information is required by law to be available on our website, free of charge.

This is called "open access information" and includes our:

Information guide

In August 2015, the NSW Parliament passed laws that created three new NSW Government entities to help manage insurance schemes in NSW:

  • The State Insurance Regulatory Authority, known as SIRA, which took over WorkCover’s regulatory functions in relation to workers compensation, the MAA’s functions in relation to motor accidents insurance regulation, and regulation of the Home Building Compensation scheme
  • SafeWork NSW, which takes over WorkCover’s work health and safety regulatory functions, and
  • Insurance and Care NSW (icare) which acts for the Workers Compensation Nominal Insurer and provides services to the Dust Diseases Authority, the Lifetime Care and Support Authority, the Sporting Injuries Compensation Authority and the NSW Self Insurance Corporation (SICorp).

These new laws came into effect on 1 September 2015.

SIRA, along with SafeWork NSW, fall under the Better Regulation Division of the Department of Finance, Services and Innovation (DFSI), and report to the Minister for Better Regulation and Innovation. icare reports directly to the Minister for Finance, Services and Property.

On July 2010 the new Government Information (Public Access) Act 2009 (GIPA Act) replaced the Freedom of Information Act (1989). The new GIPA Act promotes openness, fairness, accountability and transparency and provides for government agencies to be more proactive in the provision of information to the public. SIRA is committed to the GIPA Act and holds these values in high regard. Our policy is to be transparent and encourage the public’s right to access most of the information held by us provided it does not infringe privacy laws or any other laws or may be detrimental to any person.

The GIPA Act requires every NSW agency to make certain information publicly available. It provides a legal right of access for the public to obtain information held by government agencies subject to certain grounds for refusal, and provides the main instrument through which the public can apply to access government held documents, where those documents are not already made publicly available.

NSW Government departments have an obligation to proactively release documents used by the agency that are connected to, or likely to affect, the rights and privileges of the public when dealing with that agency.

Policy documents under the GIPA Act

We have a large number of corporate policies under which we operate. Our policies relate to internal and external operational procedures and protocols.

Some relate directly with the practices that affect members of the public. Below is a list of policy documents which we are required to publish under Section 23 of the GIPA Act.

To access a copy of any of these documents or if you require a copy of a document that is not listed below or on our website, please contact us on 13 10 50 or email the Right to Information Unit directly wcrgripa@sira.nsw.gov.au or gipa@safework.nsw.gov.au.

State Insurance Regulatory Authority (SIRA)

  • Weekly payments at retiring age; October 2015
  • Medical entitlements s59A; 4 December 2015
  • Minimum weekly payments for workers with highest needs; 4 December 2015
  • Minimum working hours removed for workers with high needs; 4 December 2015
  • Stay of a work capacity decision; 4 December 2015
  • Amendment to the Workers Compensation Regulation 2010; 1 September 2015
  • Workers Compensation Amendment Act 2015 – Schedules Commenced on Assent; 1 September 2015
  • Weekly payments at retiring age; 16 October 2015 (v0.2)
  • Increased lump sum compensation; October 2015
  • Increased death and funeral benefits; October 2015
  • Weekly payments at retiring age; October 2015
  • Lump Sum Compensation; November 2015
  • Minimum weekly payments for workers with highest needs; 4 December 2015
  • Minimum working hours removed for workers with high needs; 4 December 2015
  • Stay of a Work Capacity Decision; 4 December 2015
  • Lifetime medical entitlements for workers with high needs; 4 December 2015
  • Artificial aids, home and vehicle modifications for life, 4 December 2015
  • Medical entitlement period extended; 4 December 2015
  • Secondary surgery for all eligible workers; 4 December 2015
  • SIRA workers compensation regulation guideline for approval of treating allied health practitioners
  • WorkCover Guidelines on Injury Management Consultants
  • WorkCover Guidelines for the provision of domestic assistance
  • NSW workers compensation guidelines for the evaluation of permanent impairment 4th edition 1 April 2016
  • WorkCover Work Capacity Guidelines
  • 2016 SIRA Workers Compensation Regulation rates for General Practitioners (GPs)
  • Addendum Workers Compensation (Physiotherapy, Chiropractic, Osteopathy Fees) Order 2016
  • Workers Compensation (Psychology and counselling Fees) Order 2016
  • Workers Compensation (Surgeon Fees) Order 2016
  • Workplace Injury Management and Workers Compensation (Independent Consultants Fees) Order 2016
  • Workplace Injury Management and Workers Compensation (Injury Management Consultant Fees) Order 2016
  • Workplace Injury Management and Workers Compensation (Medical Examination and Report Fees) Order 2016
  • Workers Compensation (Accredited Exercise Physiology Fees) Order 2016
  • Workers Compensation (Orthopaedic Surgeon Fees) Order 2016
  • Workers Compensation (Public Hospital Rates) Order 2015
  • Workers Compensation (Private Hospital Rates) Order 2015
  • Workers Compensation (Ambulance Service Fees) Order 2015
  • Workers Compensation (Hearing Aids Fees) Order 2015 (No 2)
  • Workers Compensation (Chiropractic Fees) Order 2015
  • Workers Compensation (Remedial Massage Therapy Fees) Order 2015
  • Psychologist and Counsellors Guide to WorkCover NSW
  • Osteopaths Guide to WorkCover NSW
  • A Remedial Massage Therapists Guide to WorkCover NSW
  • Chiropractors Guide to WorkCover NSW
  • A workers compensation guide for medical practitioners
  • Treatment principles for the provision of psychological and counselling services
  • Security Deposits for Self and Specialised Insurers
  • Insurer Audit Manual
  • National Self-Insurer OHS Management System Audit Tool Version 3
  • s.208AA – Transfer of Scheme Liabilities
  • Assumptions for Use in the Calculation of the Security
  • Holding Company Guarantees
  • Licensing Framework for Specialised Insurers
  • Application for a new specialised insurer licence: requirements
  • Application to renew a specialised insurer licence: requirements
  • Specialised Insurer Licence conditions
  • Specialised Insurer Annual Reporting Requirements
  • Requirements for Providing Notifications by Specialised Insurers
  • Specialised Insurers WHS Loss Management Program: Assessment Criteria
  • Strategic Response & Regulatory Operations
  • Cross border arrangements
  • Wage definition manual
  • Commutations procedure manual
  • Worker Status Private Rulings procedure manual
  • Licensing Policy of the WorkCover Authority for Self-Insurers and Group Self-Insurers Licensed under Section 175 of the Workers Compensation Act, 1987 Policy
  • Licensing Policy of the WorkCover Authority for Self-Insurers and Group Self-Insurers Licensed under Section 211 of the Workers Compensation Act, 1987 Policy
  • New Application for Self-Insurer License under Section 210 of the Workers Compensation Act 1987 Policy
  • Order Pursuant to Sect 174 of the Workers Compensation Act Form
  • Self-Insurer Licence Application, under Section 210 of Workers Compensation Act 1987

Department of Finance, Services and Innovation (DFSI)

  • Accommodation Listing Procedure
  • International Travel Allowance Rates
  • Meal, travelling and other allowances
  • Senior Officials Travel Allowance  and Rates
  • ABN and Australian Business Register Procedure
  • Fixed Asset Retirement Form
  • Fixed Asset Transfer Form
  • Fixed Assets Receipt Form
  • Procurement Toolkit - Templates and Guidelines Procedure; Guideline
  • Travel Compensation Diary (required for all claim types)
  • Procurement Request Policy
  • Annual Travel Pass Scheme
  • Cabcharge Usage
  • Overseas Travel Policy
  • Delegations Authority Administrative and Financial Policy
  • Workers Compensation Legislation - Functional and Financial Delegations Policy
  • Functional Delegations - OHS Explosives Act & Regulation
  • Instrument of Authorisation under S243 of the WHS Act 2011
  • WHS Functional Delegations
  • Accounts Payable Policy
  • Accounts Receivable Policy
  • CASD Business Rules for Budgeting Policy
  • CASD General Finance Procedures Policy
  • Chart of Accounts Policy
  • Corporate Hospitality and Entertainment Policy
  • Credit Card Policy
  • Credit Policy
  • Disposal of Non-Current Assets and Portable and Attractive Items
  • Non-Current Assets Policy
  • Portable and Attractive Items Policy
  • Procurement Policy
  • Overpayments Policy
  • Family Room Policy March 2009 Policy
  • Hot Desk Policy
  • Procedure for reporting the Theft, Loss or Damage of Property or Equipment Procedure
  • Motor Vehicle Allowance Policy
  • Motor Vehicle Policy & Procedures Policy
  • Vehicle Ergonomic Assessment Policy  Procedures
  • SRWSD Business continuity plan
  • Conflict of Interest Policy
  • SRWSD Fraud Corruption Prevention Policy
  • SRWSD Internal Reporting Policy
  • SRWSD Internal Reporting Policy Fact Sheet
  • Risk Management Policy
  • Acceptable Usage of Electronic Communication Devices and Services - Amendment of CASD (sic) IT Policy
  • Acceptable Usage Of Electronic Communication Devices And Services Policy
  • Access Control Policy
  • Mobile Computing Policy
  • External Release of Data - Internal Policy
  • Future Proof: Ensuring the accessibility of equipment/technology dependent records Policy
  • Information Classification and Handling Policy
  • Policy Development Framework Policy
  • Policy Recordkeeping - Policy Principles Policy
  • Processing External Data Requests - Internal Procedure
  • IMB Mobile Phones Policy and Guidelines Policy
  • Mobile Phone and Landline Charges Policy
  • Tool of Trade Mobile Phone Policy
  • Code of Ethics and Conduct
  • OHS Policy
  • Passive Smoking
  • Dignity and respect in the workplace charter
  • First Aid Policy
  • Work health safety policy
  • Risk Management Policy
  • Fit for work guide
  • Return to work policy
  • WHS Risk Management policy and procedures
  • Managing unsatisfactory performance
  • Safe driving policy
  • Corruption Prevention
  • Managing the risk of workplace bullying
  • Grievance and dispute resolution policy
  • Fraud and corruption policy
  • Leave policy
  • Purchased leave policy
  • Working from home policy

Customer Service Centre

  • Compliments & Complaints Handling Policy & Procedures Policy

Disclosure log

Our disclosure log records details of government information released in response to formal and non-personal right to information requests under the GIPA Act.

With the applicant's consent, we disclose information we consider may be of interest to other members of the public. This includes a description of the information released and, where possible, a link to the relevant documents.

To date, we have not considered any access applications to be of interest to other members of the public, other than the applicant. Our disclosure log will be updated on a regular basis.

Register of government contracts

Part 3 Division 5 of the GIPA Act sets out information about an agency's responsibility to publish contracts worth $150,000 or more on their website.

See our register of contracts at NSW eTendering.

Under the Right to Information legislation, there are four ways in which agency information will be available:

Open access (mandatory) release

Open access (mandatory release) requires agencies to disclose certain information free of charge, unless there is an overriding public interest against disclosure.

Open access information includes:

  • A publication guide with information about an agencies structure and functions.
  • An agencies policy documents.
  • A disclosure log of information of general interest to the public that has been released under formal access applications.
  • A register of contracts with a value of more than $150,000 that an agency has with private sector entities.
  • Information in documents tabled in Parliament by, or on behalf of, an agency (other than any document tabled by order of either House of Parliament).
  • A record of information (if any) that the agency will not make publically available on the basis of an overriding public interest against disclosure.
  • A list of an agencies major assets, service standards and code of conduct.

Proactive release

Each agency will make other information available to the public, in addition to the information contained on their website.

Agencies are authorised under the GIPA Act to release as much information as possible, in an appropriate way and free of charge (or at the lowest reasonable cost).

Informal request

Some information can be requested free of charge, without the need for a formal application, unless it is determined that one is required.

Like all government agencies, we are encouraged to release information to the public in an informal manner, where possible.

You are encouraged to search this website for any information you may require, and if you cannot find it, then contact a Right to Information Officer on 13 10 50, or by email wcrgipa@sira.nsw.gov.au.

Formal access release

If information cannot be accessed through any of the above means, then you may consider a formal access application (Part 4 of the GIPA Act) which requires submitting an application form.

This is considered a last resort and only necessary if the request is for a large volume of information, or if providing access would involve an extensive search or involves personal or business information about third parties who need to be consulted before the information can be released.

A $30 application fee applies. Processing charges may also apply.

Costs

There are different fees and charges:

A $30 application fee applies. An advance deposit of a processing charge may be required.

The fees payable may be reduced in certain circumstances, such as when an applicant is suffering financial hardship or when there is a demonstrated public interest in releasing the information.

A fee is not charged for information which is released informally under section 8 of the GIPA Act.

Access to personal information about the applicant

The application fee for personal information about the applicant is $30. This includes 20 hours of processing time. If the processing time exceeds 20 hours, charges of $30 per hour will apply. A concession rate* of $15 per hour may be considered in some circumstances. Please note, you may be required to provide certified identification to obtain personal information.

Access to non personal information

The application fee for non personal information is $30. This includes one hour of processing time. If the processing time exceeds one hour, charges of $30 per hour  may apply. A concession rate* of $15 per hour may be considered in some circumstances.

Review of decisions (internal review)

If you are dissatisfied with a decision you have the right to request an internal review of that decision. A fee of $40 applies, except when the review arises because the application was not decided within time or the review is recommended by the Information Commissioner. No processing charges apply for internal reviews.

Concessions

A $15 concession applies for processing charges where an applicant can certify they:

  • hold a Pensioner Concession Card
  • are a full time student
  • represent a not for profit organisation
  • can demonstrate financial hardship
  • that the information they seek is in the public interest. The guidelines published by the Office of the Information Commissioner will be applied in determining if the information is of special benefit to the public generally

We have discretion under Section 127 of the GIPA Act to waive, reduce or refund fees in specific cases.

Examples include:

  • where there has been a significant delay in dealing with an application
  • where the agency decides to publicly release the information requested by the applicant
  • where the agency is satisfied that release of the information supports the aims and objectives of the legislation administered by the agency
  • where the applicant is a participant in the Lifetime Care and Support scheme

If an access application is not decided in time, any application fee is to be refunded and no processing charge will be imposed.

Exemptions

There are specific public interest considerations against disclosure that an agency can take into account. These are:

  • law enforcement and security
  • individual rights, judicial processes and natural justice
  • responsible and effective government
  • business interests
  • environment, culture, economy and other matters
  • secrecy and exemption provisions in other laws.

How to access information

For SIRA (excluding Home Building Compensation)

  • contact us on 13 10 50
  • email wcrgipa@sira.nsw.gov.au
  • search this website
  • review the Information Guide
  • look through the disclosure log (available soon)
  • make a formal application under the GIPA Act – Do this by downloading the GIPA application form or contact 13 10 50 to speak to a Right to Information Officer to obtain an application form.

Section 41 of the GIPA Act provides for formal applications to:

  • be in writing (GIPA application form)
  • state that it is made under the Government Information (Public Access) Act 2009 (NSW)
  • have an Australian postal address for return correspondence
  • provide enough details to help SIRA to identify the information you seek and;
  • be accompanied by an application fee of $30.

A formal written application can be mailed, together with the appropriate fee to:

Right to Information Unit
SafeWork/SIRA NSW
Locked Bag 2906
Lisarow NSW 2252

Note: We can refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of its resources. Any decision to withhold or release the documents is appealable by either the applicant or third parties (i.e. other parties involved in the documents).

For Home Building Compensation only

Access to the Home Building Compensation Regulation information can be done via the Department of Finance, Services and Innovation website.

If the information you are seeking is not available on this website and is not otherwise routinely provided by the Department of Finance, Services and Innovation on request, then you have a right to formally apply for access.

You can make a formal application by downloading and completing the government information access form. Send your applications to the Right to Information Officers at:

NSW Fair Trading
PO Box 972
Parramatta NSW 2124

Phone: 9619 8672
Email: gipa@finance.nsw.gov.au

Processing time

The GIPA Act states that a decision must be provided within 20 working days from the receipt of the application.

This can be extended by 10 working days (to a maximum of 15 days) to undertake third party consultation or to retrieve archived records.

The decision period can also be extended by agreement with the applicant.

Further information

NSW Privacy Act/NSW Health Act

The Privacy and Personal Information Protection Act 1998 (NSW Privacy Act), and the Health Records and Information Privacy Act 2002 (NSW Health Act) contain a number of provisions regarding the collection, use, disclosure and security of personal and health related information and the rights of individuals to access and amend, if necessary, their personal and health related information held by NSW government agencies, including SIRA and SafeWork NSW.

Further information about the NSW Privacy Act or NSW Health Act, and each agency's obligations under these Acts can be obtained from the Privacy Contact Officer on (02) 4321 5000 or privacy@sira.nsw.gov.au.

Information and Privacy Commission New South Wales

The Information and Privacy Commission of NSW (IPC) works with state and local government agencies to assist them in complying with the GIPA Act. The IPC website features a comprehensive library of information, advice, templates and presentations to assist agencies and members of the public in understanding the right to information system.

The website supports both those seeking information and those providing information. The website also provides regular updates on activities such as training, reviews conducted, complaints lodged and decisions made.

The IPC can be contacted on free call 1800 IPC NSW (1800 472 679) or at Level 11, 1 Castlereagh Street, Sydney or via email ipcinfo@ipc.nsw.gov.au or their website www.ipc.nsw.gov.au.

Right of review

You have the right to request a review of a decision regarding the release of information if you disagree with any of the following agency decisions as set out under the GIPA Act.

Further information on right of review is available at www.ipc.nsw.gov.au.