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Appendix 1: Context and relevant provisions - Standard 1: worker consent

StandardContext
Standard 1 – Worker consent Protecting a worker’s personal and health information and ensuring a worker’s consent is obtained prior to providing, obtaining or using information about a worker’s injury and recoverypromotes trust and ensures the integrity of the system.

Insurers must gain consent from a worker in order to exchange and receive information about their health, injury and recovery. This promotes good communication and transparent decision-making between the worker, employer and the return to work team.

Informed consent is where a worker is properly and clearly informed about how their personal information will be handled before consenting to the release and exchange of information. It ensures the worker understands the benefits of providing consent and implications of not doing so.

For claims where the SIRA Worker’s injury claim form has not been completed, it is likely worker consent would only be provided through the SIRA certificate of capacity (medical certificate for exempt workers). Consent provided on the claim form explains to the worker that it is current for the duration of the claim and not just for the period of the certificate of capacity (or medical certificate).

Requests from third parties outside the claims management process (for example life insurance or superannuation providers) are not covered by the consent provided to manage the worker’s compensation claim.

The insurer must ensure that the worker’s personal and health information is not obtained or disclosed without current and express consent.