- Workers Compensation Act 1987
- Workplace Injury Management and Workers Compensation Act 1998
- Workers' Compensation (Dust Diseases) Act 1942
- Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987
- Workers Compensation Regulation 2016
- Workers Compensation (Dust Diseases) Regulation 2018
- Workers Compensation (Bush Fire, Emergency and Rescue Services) Regulation 2017
- Workers compensation guidelines
- NSW workers compensation guidelines for the evaluation of permanent impairment
- Workers compensation medical dispute assessment guidelines
- Guidelines for workplace return to work programs
- Workers compensation market practice and premiums guidelines
- Guidelines for the approval of treating allied health practitioners 2016 No 2
- Workers compensation licensed insurer business plan guidelines
Standards of practice
- Overarching claims management principles
- Standard of practice principles
- S1. Worker consent
- S2. Worker access to personal information
- S3. Initial liability decisions – general, provisional, reasonable excuse or full liability
- S4. Liability for medical or related treatment
- S5. Recurrence or aggravation of a previous workplace injury
- S6. Recoveries
- S7. Interim pre-injury average weekly earnings calculation
- S8. Insurer making weekly payments
- S9. Reduction in payments of compensation
- S10. Payment of invoices and reimbursements
- S11. Changes in capacity
- S12. Injury management plans
- S13. Additional or consequential medical conditions
- S14. Referral to an injury management consultant
- S15. Approval and payment of medical, hospital and rehabilitation services
- S16. Case conferencing
- S17. Section 39 Notification
- S18. Retiring age notification
- S19. Section 59A notification
- S20. Permanent impairment assessment reports
- S21. Negotiation on degree of permanent impairment
- S22. Insurer participation in disputes and mediations
- S23. Recovery of overpayments due to insurer error
- S24. Factual investigations
- S25. Surveillance
- S26. Arrangement for payments to Medicare Australia
- S27. Notification and recovery of Centrelink benefits from lump sum payments
- S28. Interpreter services
- S29. Cross-border provisions
- S30. Closing a claim
- S31. Death claims
- S32. Managing claims during the COVID-19 pandemic
- Workers compensation benefits guide
- Fees and rates orders
- Standards of practice
S2. Worker access to personal information
Facilitating workers’ access to their personal and health information empowers workers to contribute to decisions about their recovery and return to work.
Workers will be provided with convenient and timely access to their personal and health information in accordance with relevant privacy and workers compensation laws.
Insurers are to advise workers of their right to access their personal and health information.
Evidence on claim file
Insurers are to ensure third-party providers are aware that any report provided in relation to a worker may be released to the worker.
Evidence on claim file
Insurers are to promptly respond to any request by the worker or their representative for information contained in the insurer’s claim file.
Written response provided within 10 working days from receipt of the request
Facilitating workers’ access their personal and health information empowers workers to contribute to decisions about their recovery and return to work.
NSW workers compensation legislation does not limit or prevent workers from exercising their rights under the relevant privacy laws to access their personal and health information.
Consistent with relevant privacy principles and privacy laws in NSW and Australia, a worker’s personal and health information held by insurers should be available to the worker at their request. While there are some exemptions to the general presumption of access, these exist in limited circumstances.
Allowing workers access to information empowers them to manage their own injuries, as well as promote and participate fully in their return to health and work. Access to their personal and health information also ensures workers are informed throughout the claims process.
Any grounds for caution regarding the release of information to a worker should be based on concerns regarding the safety and well-being of the worker or others.
A worker’s personal and health information should not be withheld because release of the information may be contrary to employer or insurer interests in the event of litigation (subject to legal professional privilege).
- Section 126 of the 1998 Act
- Clause 41, Part 8 of the Workers Compensation Regulation 2016
- Improving worker access to information in the NSW workers compensation system
- Privacy and Personal Information Protection Act 1998
- Health Records and Information Privacy Act 2002
- Government Information (Public Access) Act 2009
- NSW Information and Privacy Commission
- Office of the Australian Information Commissioner
- Australian Privacy Principles