WorkCover Queensland privacy statement

Your privacy and the confidentiality of your personal information is important to us. We are committed to protecting your privacy by responsibly collecting, using, storing and disclosing the personal information we may hold about you in a manner consistent with the Information Privacy Act 2009 (IP Act).

What is the Information Privacy Act 2009?

A privacy scheme, mirroring Federal Privacy Act requirements, was introduced by the State Government in September 2001, known as Information Standard 42 (IS42).

From 1 July 2009, new privacy legislation (IP Act) was brought in to Queensland. Schedule 3 of the IP Act outlines the 11 Information Privacy Principles (IPP) that an agency must adhere to. The IP Act also provides greater recourse for people whose privacy has been breached.

The following information explains how we handle your personal information.

Privacy at WorkCover Queensland and 'personal information'

We provide a range of workers' compensation services to Queensland businesses and their injured workers. To provide our services we must collect some personal information. This includes contacting an employer when a worker lodges a new claim on the policy for the purposes of determining a claim and facilitating stay at/return to work programs.

We may also collect personal information belonging to a range of providers to enable us to confirm their qualifications and/or accreditations and to pay for their services.

Personal information is defined in the legislation as:

…information or an opinion, including information or an opinion forming part of a database, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

IPPs 1–3: collection of personal information

We collect personal information in a number of ways:

directly from you (by phone, in documents eg claim form, online or in person)
from third parties such as your authorised representative, employer, medical and other health providers, financial institutions or other government agencies (for example Centrelink, Health Insurance Commission or Child Support Agency)
from publicly available sources of information
from another agency in accordance with the terms of an agreement, such as a memorandum of understanding (MOU) established under the terms of the Workers' Compensation and Rehabilitation Act 2003 (WCRA) (for example Workplace Health and Safety).

We collect personal information to the extent that it is relevant to performing our functions and/or providing you with a service. The collection of information should not be an unreasonable intrusion into your personal affairs and we will not collect personal information in an unlawful or unfair way. All forms listed on our website are used to gather information relating to claims, policies or providers for the purpose of providing workers' compensation services and are in line with the Information Privacy Principles.

When collecting personal information we will advise:

the purpose for collection, and
who we may normally disclose that information to.

IPP 4: storage and security of personal information

Personal information communicated electronically between parties may be transferred overseas.

We take reasonable steps to protect your personal information from loss, misuse, unauthorised disclosure, or destruction. We have in place technology and operational security in order to keep your personal information safe.

IPPs 5–8: information about access to information and amendment to and accuracy of documents containing personal information

Information about documents we hold

The amount and type of personal information we hold depends on the extent to which our services are used or provided. Below is a summary of some of the information we may hold.

Injured worker

name
date of birth
contact details eg. current and previous addresses, telephone numbers, email address
financial details eg. bank details, tax file number
driver's license or other identifying numbers
dependants and their contact details
health information eg. details of pre-existing injuries, treatment
claims history
employment information eg. workplace, occupation, wages
details of other benefits received for example, Centrelink benefits, CTP insurance payout.

Policyholder

name
date of birth
contact details eg. current and previous addresses, telephone numbers, email address
financial details eg. bank or credit card details, tax file number
driver's license or other identifying numbers
financial and business affairs information eg. wages information and financial documents.

Applicant for employment

name
date of birth
contact details eg. current address, telephone numbers, email
employment history
qualifications
other personal history.

Employee

name
date of birth
contact details eg. current address, telephone numbers, and email
financial information eg. bank details, wages, deductions
other personal information eg. next of kin, emergency contact
qualifications

Service Provider

provider name (individual or practice)
specialty type eg. General Practitioner
contact name and details eg. location and mailing address, telephone numbers, fax numbers, email address
ABN
regulatory body approval details eg. APHRA registration number
qualifications (if required when no regulatory body exists for the field)
bank details for direct payment

Third Parties

name
contact details eg. Location and/or mailing address, telephone number, fax number, email address
bank details for direct payment

Access to personal information

We will provide you access to, or a copy of, the information we hold about you. There is no charge to access your personal information.

There may be some circumstances where we are authorised to refuse access to your personal information. Your right to access may be affected where:

access is unlawful
access poses a serious threat to the life or health of any individual
access has an unreasonable impact on the privacy of others
information relates to a commercially sensitive decision making process, or
access prejudices enforcement activities, a security function, or legal proceedings.

If you are an injured worker or employer, and would like more information on accessing your information, visit our right to information page.

If you are applying for a position of employment with us, you can access your personal information online through jobs online, using your applicant identification number and password. For other information not available online, contact Human Resources on 1300 362 128.

For WorkCover Queensland employees, please contact payroll services.

Amendment to and accuracy of personal information

We take reasonable steps to ensure the personal information we collect, use, and disclose is accurate, complete and up-to-date.

If you find the personal information we hold about you is inaccurate, incomplete, or out-of-date, please contact us immediately and we will take reasonable steps to ensure it is corrected. If we decide not to make the amendment as requested, we will attach a statement about the requested amendment.

If your personal details change, for example your name or address details, call us on 1300 362 128 to update these as soon as possible.

More information on applications under Right to Information and Information Privacy.

For employees, you can update the majority of your information online or contact payroll services.

IPPs 9–10: use of personal information

Your personal information may be used in order to:

provide workers' compensation services (for example, assisting with rehabilitation, calculating and paying weekly compensation)
provide insurance to indemnify you when an employee sustains an injury or injuries at the workplace
administer and manage those services, including paying, charging, billing, and collecting debts
confirm qualifications and/or accreditation of service providers and enable payment for services provided
manage compliance and audit activities (for example, conduct appropriate checks relating to possible fraud) in accordance with our legislative requirements
maintain personal contact details including those of medical and allied health providers, legal representatives, and employer's staff
maintain and develop our services, systems and infrastructure, including testing and upgrading of these systems
maintain employee personnel records, payroll information, and financial management information systems
respond to general enquiries, ministerial correspondence, and general correspondence
assess you for a position within WorkCover Queensland and conduct personal reference checks.

Generally, we will not use your personal information other than for the purpose for which it was collected. However, there are some circumstances where we may use your personal information for another purpose, including:

if you agree to it
it is necessary to lessen or prevent a serious threat
it is authorised or required under a law
it is necessary for law enforcement functions (for example, investigation or prosecution of breaches of law), or
it is necessary for research or statistics and does not involve the publication of identifying personal information

Use of provider information

WorkCover makes available to provider groups a search functionality of existing providers in our claims' management system. This allows external users to make appointments for injured workers. These search results return the following criteria:

the practitioners' name
speciality
suburb and post code details

If a provider does not wish to have their details displayed, an opt-out option is available. Please contact us for further information.

IPP 11: disclosure of personal information

Some of the persons or organisations that we may disclose your personal information to include:

medical and allied health service providers
your authorised representative/s (for example, legal advisers)
credit-reporting and fraud-checking agencies
our professional advisors (for example, accountants, auditors, and lawyers)
government and regulatory authorities (for example, Australian Electoral Office, Department of Family Services, Child Support Agency, Centrelink, Australian Taxation Office, Department of Immigration)
other organisations (for example other insurers, income protection)
your employer (refer to administrative release for employers for details).

Generally, we will only disclose your information if:

in order to manage your claim throughout its duration (for example, your information may be released to your employer, the Workers’ Compensation Regulator and relevant service providers for the purpose of payments, treatment, rehabilitation and return to work),
where you provide written authority allowing your solicitor access to your claim file on your behalf, or
if we are authorised or required by law (for example, release of payment information to the Australian Taxation Office to assist with their investigations as authorised under their Act, disclosure to courts as a result of a Subpoena, if your employer is a self-insured employer under the Workers’ Compensation and Rehabilitation Act 2003, Right to Information Act 2009).

Anyone can apply for access under RTI. There are exemptions and other reasons why we will not release information, however sometimes we might release your personal information eg. if it is in the public interest to do so.

WorkCover Queensland call centre

Calls to the WorkCover Queensland call centre are recorded and reviewed for quality control and training purposes. Individuals telephoning the call centre may opt out from having their call recorded.

How long do we keep personal information?

Records held by WorkCover Queensland, which include your personal information, are subject to the requirements of the Public Records Act 2002. We have a Disposal and retention schedule, approved by Queensland State Archives, governing the period these records are retained and their date of destruction.

Complaint procedures

You can make a complaint if you believe we have not dealt with your personal information in a manner consistent with the IP Act. A compliant can also be made where information cannot be accessed. Your complaint must be in writing, state your address, give details of the complaint, and be addressed to the Complaints Advisor.

You are also entitled to lodge a complaint to the Information Commissioner. However, this should only be done after you have first lodged your complaint with us and you have not received a response within 45 days or you do not consider the response to be adequate.

The Information Commissioner will mediate the complaint, if the complaint is deemed suitable for mediation. If the complaint is about a breach which has occurred on or after 1 December 2009 and it is not suitable for mediation or if mediation is not successful, you may request the Information Commissioner to refer the complaint to the Queensland Civil and Administrative Tribunal (QCAT).

The Queensland Ombudsman may also be willing to accept a privacy complaint about the handling of your personal information.

For further details on lodging a complaint with the Information Commissioner refer to their website at www.oic.qld.gov.au.

CCTV privacy notice

WorkCover Queensland offices are protected by Closed Circuit Television (CCTV). WorkCover is committed to ensuring that personal information collected by the cameras is dealt with in accordance with the Information Privacy Principles contained in the Information Privacy Act 2009.

The CCTV systems provide 24 hour video surveillance. The purpose of this monitoring and recording is to provide a safe and secure work environment for WorkCover Queensland staff, visitors and members of the general public. Video cameras are only used in the areas specified in this privacy notice.

Video surveillance is being used to deter any form of aggressive, harmful or unlawful behaviour and to assist in identifying offenders. Should an incident occur, the recordings may be provided as evidence to law enforcement authorities such as the police to assist with investigations and enquiries.

CCTV and video footage is not used to monitor staff performance. However, it may be used to investigate allegations of serious misconduct by staff.

Copies of CCTV footage are retained for 75 days. This footage is stored in line with the Information Privacy Act 2009 and the Public Records Act 2002. Therefore no alterations are made to this record prior to its disposal. You can request copies of footage that you believe include images of yourself by making an information privacy request as detailed under the “access to personal information” section above.

Controlled access to the secured footage is strictly maintained. Copies of recordings will not be made for other purposes unless they are relevant to the purpose of surveillance or are required by law. Any copies made are stored in a secure and lockable area.

Circumstances under which recordings will be shown to a third party include:

Unlawful acts (police).
Occupational health and safety complaints.
When otherwise required by law (e.g. court order).

For further information, please contact our Property and Facilities Department by calling 1300 362 128.