Administrative release policy
For Injured Workers
We are committed to protecting the privacy of our customers. The Information Privacy Act 2009 governs how we collect, store, use and disclose your personal information.
You can request a copy of your own claim file at any stage by phone, through our online services or by completing and returning the Administrative release form (DOC, 0.65 MB).
Generally we will release the full file however there may be instances where we choose to release sensitive information to you via your treating practitioner, who can discuss the information with you in a supportive environment. WorkCover Queensland may withhold certain information that may be subject to legal professional privilege, or which contains another person's private information.
We will release copies of your files to anyone you authorise us to. This may include your solicitor, income protection agencies, other insurers or your employer. We request a signed authority to accompany these requests as confirmation that we have permission to release your information.
The authority to release WorkCover Queensland file/s to a third party form (PDF, 0.16 MB) can be used by a third party to request this information on your behalf.
For Employers
Generally, we only release personal information if we are authorised or must do so by law. We strive to maintain a balance between protecting a workers' privacy and providing an employer with information to assist them. This means we cannot release entire copies of claim files without the worker's signed authority to do so.
However, under the Workers' Compensation and Rehabilitation Act 2003 we are granted permission to release documents under specific circumstances:
- Section 572A(2) enables us to release information relating to a workers' capacity to work if it assists in the worker's rehabilitation and return to work
- Section 573(7) enables permissible disclosure of information as approved by the Chief Executive Officer.
Requests for documents for rehabilitation and return to work purposes
Requests for documents for return to work purposes are only granted if the injured worker is still employed by the policyholder. Relevant documents that may be released include current suitable duties plans, most recent functional capacity evaluations or sections of doctors' reports that relate to the worker's current capacity for work. Personal information or information about previous and non-work related injuries is not releasable. Only information that relates to current capacity for work will be released.
Requests for documents for review purposes.
When you make a request for information for review purposes you must advise which decision is being reviewed and who is reviewing it. Usually this refers to a Workers' Compensation Regulator review of WorkCover's decision on a claim.
For requests on these grounds we are able to release the Reason for Decision letter and the information that was used to make that decision. The Workers' Compensation Regulator requests and receives a full copy of the file so they can make an informed decision.
Privacy
We are committed to protecting the privacy of our claimants and have obligations to do so under the Information Privacy Act 2009 and the Workers' Compensation and Rehabilitation Act 2003. Other than for disclosures of a claimant's personal information with their authority, there are only limited third-party disclosures we are permitted to make under the Queensland Privacy Principles. These are generally only where those disclosures are for the purpose of assessing claimants' entitlements and managing their claims for the duration. Such disclosures may be to employers as mentioned above, the Worker's Compensation Regulator, relevant service providers for the purpose of payments, treatment, rehabilitation and return to work and as required under Queensland laws such as the Personal Injuries and Proceedings Act 2002, the Motor Accident Insurance Act 1994 and under the Uniform Civil Procedure Rules 1999 or the Evidence Act 1977.
WorkCover's Privacy Policy contains more information about WorkCover Queensland’s management of personal information, including information about how claimants may access their personal information that WorkCover holds and seek correction of it, how they may complain about a breach of the Queensland Privacy Principles and how WorkCover will deal with the complaint.
Right to Information
You may have further entitlements to information under the Right to Information Act 2009 or the Information Privacy Act 2009. Please refer here for further information.