Protecting a worker’s personal and health information and ensuring a worker’s consent is obtained before providing, obtaining or using information about a worker’s injury and recovery promotes trust and ensures the integrity of the scheme.
Principle
The confidentiality of workers’ personal and health information will be respected at all times and workers’ personal and health information will be dealt with only in accordance with their consent.
Expectations
Benchmarks
S1.1
Insurers are required to obtain the worker’s consent before releasing to or requesting from a third party a worker’s personal or health information.
Evidence on claim file
S1.2
When requesting a worker’s consent, insurers are to provide advice to the worker about:
the worker’s rights and obligations, including the right to withdraw or modify consent and the potential impacts of not providing or withdrawing consent.
the types of information that may be released, obtained or used and who is authorised to release, obtain or use the information.
Evidence on claim file
S1.3
When a request is made to an insurer from a third party seeking release of information relating to a worker’s injury or claim, insurers are to consider whether existing worker consent is sufficient to enable release the information.
Evidence on claim file
Protecting a worker’s personal and health information and ensuring a worker’s consent is obtained before providing, obtaining or using information about a worker’s injury and recovery promotes 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.
