Surveillance can play an important role in the workers compensation scheme, but can significantly erode worker trust, so insurers are expected to use it judiciously.
Principle
Decisions to engage surveillance services will be based on firm evidence; surveillance will be conducted in an ethical manner; and information obtained through surveillance will be used and stored appropriately.
Expectations
Benchmarks
S25.1
The insurer is only to conduct surveillance of a worker when:
there is evidence that the worker is exaggerating an aspect of the claim or providing misleading information in relation to a claim, the insurer reasonably believes that the claim is inconsistent with information in the insurer’s possession, or the insurer reasonably believes that fraud is being committed,
and
the insurer is satisfied that it cannot gather the information required through less intrusive means and that the benefit of obtaining the information outweighs the intrusion into the worker’s privacy
and
the surveillance is likely to gather the information required.
Evidence on claim file
S25.2
Insurers are to ensure that any surveillance meets the following requirements:
the scope and duration of the surveillance is clearly articulated
surveillance is only conducted in or from places regarded as public
the surveillance does not interfere with the worker’s activities while under observation
the surveillance does not include any acts of inducement, entrapment or trespass, including the use of social media with the intention to induce, entrap or deceive
the surveillance is undertaken in a way that demonstrates sensitivity to the privacy rights of children, takes reasonable action to avoid video surveillance of children, and where possible does not show images of children in reports and recordings
where possible, reports and recordings are redacted or censored to minimise the likelihood of other individuals being identifiable
communication is not undertaken with other individuals in a way that may reveal (directly or indirectly) that surveillance is in place, and
recordings and any other materials collected are securely stored.
Evidence on claim file, or other operational documents/agreements
S25.3
Insurers are not to provide misleading information in response to a question from a worker about whether surveillance is in place, however, insurers are to take into consideration an investigator’s safety and the worker’s wellbeing when responding to a worker’s question.
Evidence on claim file
S25.4
If the insurer provides material gathered through surveillance to a third party, the insurer is to inform the third party about relevant confidentiality and privacy obligations.
Evidence on claim file
Surveillance may be used to gather information to inform decision-making with respect to liability and other entitlements.
Surveillance plays a small but important role in the workers compensation scheme; however, it can significantly erode worker trust and must therefore be used judiciously.
Surveillance refers to the covert monitoring and recording of behaviour using photography, video recording, direct observations and social media monitoring. Surveillance is used to observe and record a worker’s activities and capabilities.
Surveillance services should only be used when information is required that cannot be obtained from other, less intrusive, means. The insurer is to rely on sound information when identifying the need for surveillance and is not to rely on hearsay, innuendo or rumour.
Surveillance is to be conducted in an ethical manner and any information obtained is to be used and stored appropriately.
