Accessing Information For Workers
How Do I Request My Information?
WorkCover Claims Managed by Self-Insurers
What Information Can I Access?
What If My Information Is Not Correct?
Reports from service providers
Independent Medical Examiners (IMES)
When you make a WorkSafe claim, WorkSafe, your employer’s WorkSafe Agent or a self-insurer may collect personal and health information about you. This information is collected on the claim form and may also be collected during the processing, assessing and management of your claim.
Personal and health information may be collected from your current and previous employers, other government agencies, credit reporting agencies, health service providers, and other persons who can provide information relevant to your claim.
Personal and health information also may be collected by health service providers, solicitors, investigators, loss adjustors and other service providers acting on behalf of WorkSafe, your employer’s WorkSafe Agent or a self-insurer.
The information WorkSafe and Agents collect is used, disclosed and stored in accordance with all applicable privacy laws.
Sections 107 and 107A of the Accident Compensation Act 1985 provide you with a general right of access to information relevant to a WorkSafe claim, subject to several exceptions (see What Information Can I Access?).
More information:
For more information on WorkSafe’s policies for managing personal and health information, see the Collection Statement on your WorkSafe Claim Form, or the WorkSafe’s Privacy Policy which is available online, from your nearest WorkSafe office or by calling 1800 136 089.
How Do I Request My Information?
WorkSafe has produced a brochure which explains how to access personal and health information relating to your WorkSafe claim.
- View and download the brochure worksafe claims and your information
If your employer's WorkSafe agent is managing your claim, you may request access to your information by contacting the Privacy / Release of Information Officer at your employer’s WorkSafe Agent. (View agents contact details.)
WorkCover Claims Managed by Self-Insurers
If your claim is managed directly by your employer, you can request access to your information by contacting your employer’s WorkSafe Claims Division.
Your information can be requested by:
- completing an Access to WorkSafe Claim Information Request Form or
- sending in a request in writing that clearly identifies the information you require.
It is preferable for requests to be made in writing. However, if that is not convenient, you can request your information over the phone.
You may appoint a representative (eg. a family member, lawyer or union representative) to make a request on your behalf as long as you provide a written authority. (An authority is included on the Access to WorkSafe Claim Information Request Form.)
What Information Can I Access?
You can apply for access to any information held by your employer’s WorkSafe Agent that is relevant to your claim.
Many documents will be automatically released on request, including:
- your compensation claim form
- your employer’s compensation claim form
- your own medical and other service provider reports
- your medical certificates and certificates of incapacity
- your statements to private assessors
- details of compensation paid on a claim
- correspondence between the WorkSafe Agent and you.
However, not all information is automatically made available on request. Some information is not released if it falls within one of the following exemptions:
- if its release would have an unreasonable impact on the privacy of other people
- if the dominant purpose of creating the document was for use in actual or anticipated litigation, or for obtaining or giving legal advice
- if the documents were prepared WorkSafe, Agent or Self Insurer staff and disclose pre-decision discussion or options, and releasing the documents would undermine effective decision making or the scheme's integrity (the so-called "internal working document" exception)
- if release would prejudice an investigation of possible unlawful activity
- release would pose a serious threat to the life or health of any person
- the information was provided in confidence
- you have made a request for the same information within the previous 12 months and the information was provided to you or access was refused.
For more information about the procedures Agents must follow when releasing information, see the online claims manual - chapter "three access to information"
When Do I Get Access?
Agents are required to inform you of their decision within 20 working days of their receiving your request.
Is There a Cost?
There is no charge for requesting access to your information from an Agent. There are no application fees and no copying charges.
What If My Information Is Not Correct?
If you believe the information the Agent holds about you is inaccurate, incomplete or out-of-date, you should contact the Agent who is required to take reasonable steps to correct your information.
If the Agent believes the information should not be corrected, the Agent is not required to make the correction, but must:
- attach your version to the disputed document; and
- advise you in writing of:
- the reason for not changing the record, and
- your right to request correction of the information by writing to the WorkSafe Freedom of Information Section at:
GPO Box 4306
Melbourne Vic 3001
Email: foi@worksafe.vic.gov.au
If your claim is managed by your employer you should contact the employer’s WorkSafe Claims Division for information about their procedures for correcting information.
Reports from service providers
If you have been sent to a service provider during the course of your claim, for example, an independent medical examiner or an occupational rehabilitation provider, you have a right under privacy laws to request them to provide you with access to your information.
Independent Medical Examiners (IMES)
When you are sent to an IME, the IME must follow the requirements of the Health Records Act 2001 (Vic) when dealing with your personal information.
You can make a direct request to an IME for a copy of your medical report under the Health Records Act.
Alternatively, you can make a request to your WorkSafe Agent or self-insurer.
Generally, medical reports will be released to you unless a prescribed exception applies under the Health Records Act, such as if:
- releasing the information could pose a serious threat to your life or health (or another person’s life or health)
- the personal privacy of another person would be unreasonably interfered with
- legal professional privilege applies.
Occupational rehabilitation providers (ORPS)
When you are sent to an ORP, the ORP must follow the requirements of the Privacy Act 1988 (Commonwealth) and the Health Records Act 2001 (Vic), where applicable.
As a matter of policy, WorkSafe has advised ORPs that they must release worker-specific reports (such as assessments) to you at the time they are written, unless a prescribed exemption applies under privacy laws.
Please note that if your employer is a self-insurer, they might have a different policy to this. However, you can still exercise your legal right of access to your ORP's reports. Contact your employer’s WorkSafe Claims Division for details of their policy.
ORPs usually have their own privacy policies that explain how they handle and provide access to your information, so it is advisable to contact your ORP first to find out how they handle these requests.
What If I Am Dissatisfied
If you are not satisfied with the information released to you by a WorkSafe Agent or self-insurer, you can ask a senior officer of the WorkSafe Agent or your employer’s WorkSafe Claims Division to review that decision.
Whether or not you ask for an internal review, you have 60 days from being given notice of the decision to lodge a dispute with the Accident Compensation Conciliation Service (ACCS).
Conciliation can direct that information be released to you.
For more information on the Conciliation process, contact ACCS on 1800 635 960 (toll free) or email info@conciliation.vic.gov.au.
If you are dissatisfied with the decision of a self-insurer, independent medical examiner or occupational rehabilitation provider
In relation to health information:
Health Services Commissioner (Health Complaints)
Administration 30th Flr/ 570 Bourke St
Melbourne Vic 3000
Phone: (03) 8601 5200 (complaints)
Freecall: 1800 136 066
www.health.vic.gov.au/hsc/index.htm
In relation to other information:
Office of the Federal Privacy Commissioner
GPO Box 5218
Sydney NSW 2001
Freecall: 1300 363 992
www.privacy.gov.au
Contacting An Agent:
When you make a request for information, it should be addressed to the Privacy / Release of Information Officer at your employer’s WorkSafe Agent.
Privacy/ Release Of Information Officer:
