General overview

In order to make sound decisions about a worker’s claim for workers compensation, insurers may need to collect, use and disclose personal and health information of the worker.

Insurers and employers all have obligations to comply with applicable NSW and Commonwealth privacy laws. These deal with the collection, use, storage and disclosure of personal and health information, and how consent will be obtained from the individual.

The privacy law(s) that may apply will vary depending on the insurer type and the type of information being dealt with. These include:

• Privacy and Personal Information Protection Act 1998 (PPIP Act)
• Government Information (Public Access) Act 2009 (GIPA Act)
• Commonwealth Privacy Act 1988
• Health Records and Information Privacy Act 2002 (HRIP Act)

Generally, the principles outlined in these laws provide that the worker has the right to:

• know why personal and health information is being collected, how it will be used and who it will be disclosed to
• ask for access to personal information (including health information)
• ask for incorrect personal and health information to be corrected
• make a complaint about an entity if there is a belief that personal or health information may have been mishandled.

Further information regarding privacy laws is available from the NSW Information Privacy Commission and the Office of the Australian Information Commissioner.