SIRA privacy statement

SIRA and the NSW Privacy Law

Binding privacy standards for the NSW public sector, known as Information Protection Principles and Health Privacy Principles, regulate the way public sector agencies collect, use, store and disclose personal and health information.

These standards are set out in the Privacy and Personal Information Protection Act 1998 (PPIP Act) and the Health Records and Information Privacy Act 2002 (HRIP Act).

Information Protection Principles and Health Privacy Principles

What personal and health information we collect

SIRA collects the personal and health information we need to provide you with our services, such as your name, date of birth, contact details, payment information and compensation claim information collected in order to regulate workers compensation insurance, motor accidents compulsory third party (CTP) insurance and home building compensation in NSW eg. details of accidents and injuries, nature of injuries and medical reports. A more comprehensive list of information we collect is available in our Privacy Management Plan.

We limit the information we collect to only what we need to provide our services.

How we collect your personal and health information

SIRA usually collects personal and health information directly from you or someone you authorise to act on your behalf, usually via phone, email, application form or social media.

Where permitted, we may also collect information about you indirectly, including from:

insurers
third parties such as the Independent Review Officer (IRO), SafeWork NSW or Transport for NSW
our agents or contractors
others with your consent or, in the event of an emergency.

If we collect your health information from someone other than you, we will take any steps reasonable in the circumstances to let you know.

When we collect your personal and health information, or when we tell you we’ve collected your health information from someone else, we’ll let you know:

that we’re collecting it/have collected it
whether the provision of the information is mandatory or voluntary
what it will be used for
who it will be provided to, and
your rights to access and correct the information.

SIRA portal and your MyServiceNSW Account

If you consent, SIRA may collect your name and email address from your MyServiceNSW account so you can access your CTP claim information from the SIRA portal. This information is collected by SIRA as part of verifying your identity. For more information about how Service NSW handles your personal information please visit the Service NSW Privacy Statement.

Why we collect your personal and health information

SIRA may need to collect your personal and health information to:

investigate complaints and fraud allegations
monitor insurer performance
investigate and prosecute under-insurance and non-insurance
administer self and specialised insurer licenses
facilitate early notification of claims to CTP insurers
administer the Nominal Defendant Scheme
calculate a quote when you use the Green Slip Check
respond to requests for access to information we hold
monitor the operation of and conduct research projects related to the workers compensation and CTP schemes and home building compensation fund
conduct customer surveys
issue communications to you, and
for business planning and service improvements

Bulletins and newsletters

You can choose to receive newsletters and bulletins from SIRA. Your email address is collected through information you provide to us during transactions or interactions with us. SIRA will maintain your data in accordance to the Privacy and Personal Information Protection Act 1998.

You can choose not to receive some communications or messages from us. You can do this by clicking the unsubscribe link at the bottom of an email. This includes general communications material or information sent by us. These communications will contain information relating to SIRA, though may contain other relevant information from government agencies or our partners and are sent in accordance with the Spam Act 2003.

Storage

We keep your personal and health information on controlled systems, which are secured against unauthorised access. We keep personal and health information no longer than necessary, protected by reasonable security safeguards from unauthorised use or disclosure, and dispose of it appropriately.

Access and accuracy

You can ask us to provide you with details of the personal and health information about you that we hold. The process for requesting this information is identified in our Privacy Management Plan. Alternatively, you can make a request to us in writing at [email protected].

If you find that the personal and health information we hold about you is inaccurate, irrelevant, incomplete or misleading, please contact us on [email protected] to make a request for amendment. If we refuse to amend the information, we will give you reasons for that decision eg because we disagree that the information is inaccurate, or otherwise where authorised by law.

Use

We use the personal and health information we hold to:

administer the workers compensation and Compulsory Third Party (CTP) legislative and regulatory frameworks
regulate the NSW workers compensation system including the Nominal Insurer and the workers compensation arrangements of NSW state government agencies, specialised insurers and self-insurers
regulate the CTP scheme
provide an advisory service to assist claimants in connection with claims assessment procedures under the workers compensation and motor accidents schemes, and
contribute to the protection of consumers within the NSW residential building industry by making market practice and claims handling guidelines under the Home Building Act 1989, and approving premium methodologies relating to the provision of insurance under the Home Building Compensation Fund.

We also ensure the personal and health information is relevant, accurate, up to date, complete and not misleading before using it. Further information about how we use the personal and health information we hold is available in our Privacy Management Plan.

Disclosure

Where permitted, we may provide your personal and health information to organisations outside of SIRA, for example:

our agents or contractors
medical oversight bodies and allied health practitioners
third parties such as the Independent Review Officer (IRO) and SafeWork NSW
others in the event of an emergency.

Pursuant to the Personal Injury Commission Act 2020, SIRA must provide the IRO with information the IRO reasonably requires or requests to carry any function of the IRO. The IRO must also provide SIRA with information it reasonably requires or requests to carry out any function of SIRA.

We ensure that these organisations take the privacy and security of your personal and health information as seriously as we do.

We only disclose your personal and health information to third parties if:

it is for a purpose directly related to the reason we collected it, and where SIRA has no reason to believe the individual would object;
you consent
you have been put on notice that information is usually disclosed in this way; or
it is necessary to do so to prevent or lessen a serious and imminent threat to life or health
an exemption applies.

We will not disclose personal and health information about a person’s ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, health or sexual activities, unless you consent or such disclosure is necessary to prevent or lessen a serious or imminent threat to life or health.

Other important elements

What exemptions apply?

Generally, SIRA does not have to comply with certain Information Protection Principles and Health Privacy Principles where we are authorised by law (for example the legislation we administer) and/or this would prevent SIRA from carrying out its proper functions, such as investigation of suspected offences under workers compensation law.

Privacy complaints about the conduct of SIRA

If you are unhappy with the way SIRA has dealt with your personal and health information, you can make a complaint – either directly to us or to the NSW Privacy Commissioner (see below).

Complaints to us should be in writing, addressed to SIRA, specify a return address within Australia, and be lodged with SIRA within 6 months of the time when you first became aware of the conduct you are complaining about.

Further information about our handling of complaints is available in our Privacy Management Plan. If you’re not satisfied with the outcome of our review, you can apply to the NSW Civil and Administrative Tribunal for a further review of the conduct. The Tribunal has the power to make any orders that it thinks necessary, including the power to award damages.

Privacy complaints about other persons or bodies

Privacy complaints can also be directed to the NSW Privacy Commissioner, (www.ipc.nsw.gov.au). The Commissioner does not have power to make orders or to award compensation but will conciliate complaints by assisting parties to reach a decision that all are happy with.

Related information

Contacting us

Web: www.sira.nsw.gov.au

Email: [email protected]

Phone: 13 10 50

Mail: SIRA, Locked Bag 2906 Lisarow NSW 2252