1.2.15 Employer's access to information
1.2.15.1 General right of access for employers | 1.2.15.2 Employer's representatives - access to information | 1.2.15.3 Employer written request for reasons for a decision
Some requests for information can be processed unconditionally outside of either the WIRC Act Workplace Injury Rehabilitation & Compensation Act 2013 or the FOI Act. Some types of information can be released because there is simply no reason not to do so, rather than because the requestor has a statutory right to obtain it.
An Agent can provide an employer with information they provided to or have previously received from, the Agent without a request under the FOI Act.
1.2.15.1 General right of access for employers
Employers can access information they have provided to the Agent including:
- claim forms and employer injury claim reports
- medical certificates and certificates of capacity
- statements made on behalf of the employer to investigators
- statements and other documents that contain an individual's authority to disclose to the employer
- correspondence between the employer and the Agent
- information specific to weekly payments, claim costs to date and estimated claim costs, etc
- statement of reasons relating to its decision to either accept or reject a claim for compensation
See: Employer written request for reasons for a decision
- general updates on the management of the claim.
Access to occupational rehabilitation services provider reports
Employers can also access occupational rehabilitation service provider reports that are relevant and necessary for RTW Return to Work with the pre-injury employer.
Consistent with this principle OES Original Employer Services reports or information about the worker’s RTW progress with the injury employer may also be provided.
However, NES New Employer Services reports or information relating to finding new employment, must not be provided. Where relevance to RTW with the injury employer can be demonstrated, an extract or summary of relevant information may be provided.
No general right of access
Employers do not have a general right of access to:
- medical reports
- circumstance reports
- activity review (surveillance) reports
- internal correspondence
- legal advice or opinions
- copies of medical reports obtained from the worker or the worker's treating health practitioners.
Excerpts or summaries
The Agent can release relevant excerpts or summaries of the above information to the employer if the Agent:
- reasonably believes that providing the employer with this information is necessary for the management of the claim or the worker’s return to work or rehabilitation
- is reasonably satisfied that none of the exemptions apply.
See: Exemptions from access to information
Worker’s previous employers
Agents can release the following information to previous employers who have continuing RTW obligations to a former worker:
- information specific to weekly payments, claim costs to date and estimated claim costs, etc
- general update on the management of the claim.
Employers of direct payees
Where a worker has become a direct payee, often the employer may only require limited information about the worker compared to employers who pay weekly payments.
If a worker has become a direct payee because of animosity with their employer, where a worker is job detatched, or where a complaint has been made regarding an employer's non-compliance, the worker may not expect information about their claim to be released to their employer.
An Agent may release information to the employer of a direct payee if:
-
the Agent reasonably believes that the employer requires the information for a legitimate purpose; or
-
the signed consent of the worker is received.
If an Agent considers that there is a legitimate purpose for releasing information to the employer of a direct payee, only the minimal amount of information that is necessary in the circumstances should be released.
An Agent is encouraged to contact the WorkSafe Claims Practice Team claimspracties@worksafe.vic.gov.au if they are unsure about what information they should release to the employer of a direct payee.
See: Direct payees
Worker’s consent
Agents can release information (other than that described above) to an employer if they receive the worker’s signed consent, which may include a statement of any limitations imposed on the disclosure.
1.2.15.2 Employer's representatives - access to information
Agents can only release information to consultants retained by an employer or to representatives of an employer, provided all of these conditions apply:
- the representative has the employer’s written authority.
- the employer would be provided access to the information if the request had been made by the employer.
- the representative agrees to comply with all privacy obligations which apply to the employer.
Agents must not release information to an employer’s representative until written authorisation is received from the employer and the employer representative has agreed to comply with all privacy obligations which apply to the worker.
1.2.15.3 Employer written request for reasons for a decision
An employer may request reasons for an Agent's decision to accept or reject a claim for compensation for:
- weekly payments
- impairment benefits (or pre 11 November 1997 lump sum and/or pain and suffering claims)
- the death of a worker.
The Agent must upon receipt of a written request from the employer, provide a written statement of reasons for its decision.
An Agent has 28 days from receipt of the employer request to comply with the request.
Content
Agents must be mindful of privacy obligations when providing written responses.
See: Employer's access to information
Third party requests
There may be instances where an access to information request has been made by a third party on behalf of the employer, such as an employer consultant, employer’s legal representative or an employer representative organisation (such as VECCI).
The employer representative must comply with the requirements outlined under Employer's representatives - access to information.