7.3.4 Documentation required for conciliation
Before the conciliation conference the Agent must send one full set of relevant redacted documents to the Conciliation Service.
The following are examples of the documents that should be provided - note that this list is not exhaustive:
For rejections
- worker’s injury claim form
- employer claim report
- initial medical certificate The first medical certificate is for a maximum of 14 days and can only be issued by a registered medical practitioner.
- any information provided by the worker and/or employer
- decision notice
- certificate of continuing incapacity
- treating doctor’s reports
- IME Independent Medical Examiner / Independent Medical Examination report
- circumstance investigation (where relied on in the decision).
For terminations
- worker’s injury claim form
- employer claim report
- initial medical certificate
- recent medical certificate of continuing incapacity
- any information provided by the worker and/or employer
- decision notice
- treating doctor’s reports
- IME report
- circumstance investigation (where relied on in the decision)
- activities investigation (where relied on in the decision)
- any RTW Return to Work offers and/or OR Occupational Rehabilitation reports/vocational assessments.
For medical & like expenses
- worker’s injury claim form
- employer claim report
- notice of decision
- medical evidence
- any information provided by the worker and/or employer.
For provisional payments for a mental injury
- worker's injury claim form (or Part A early notification if claim has not been received yet)
- employer injury claim report
- notice of decisions re worker non-entitlement to PP; or rejection of request for medical and like service
- any other information provided by the worker and/or employer.
For access to information
- notice of decision
- all exempt information.
For all other decisions
- notice of decision
- any relevant information.
Information that is removed/redacted
Names of witnesses
The Agent should not remove names of people, such as witnesses, from the documents provided to the WIC Workplace Injury Commission unless releasing the name would put a person at risk The probability of the worker not returning to work is known as the risk or risk factor. For example: if a worker is likely to return to work, the claim is categorised as low risk. of harm, abuse or harassment. This is a case by case assessment. If in doubt, the Agent should redact and WIC will determine whether it can release the data to the worker.
Other identifying details
Such as address, phone number etc must be removed.
Agents should provide one copy of documents to the WIC with relevant redactions made in black so that it is evident that information has been removed and will not be mistaken for a space.
Legal Professional Privilege (LPP)
Some types of reports may attract LPP Legal professional privilege if they were made or prepared for the dominant purpose of anticipated litigation or the giving or obtaining of legal advice. Documents that attract LPP should not be release to the WIC. These may include surveillance reports, circumstance reports and witness statements prepared by lawyers. However, where the dominant purpose of commissioning the report was to help assess liability for a claim, LPP will not apply.
Other documents, such as medical reports obtained by legal panel firms might attract LPP only until they are exchanged between the parties or put into evidence in open court. When a document is exchanged in this way, the privilege is 'waived' and therefore no longer applies to the document.