WorkCover right to information and information privacy applications

Under the Right to Information Act 2009 (RTI Act) and the Information Privacy Act 2009 (IP Act), every person has a general right to request access to documents held by government agencies.

The RTI Act and the IP Act replace the repealed Freedom of Information Act 1992 and Information Standards 42 and 42A.

The type of information you are requesting will determine which Act your request is processed under and what fees are applicable.

Before making an application you should check to see if the information is already available through other avenues such as under our Administrative release policy or on the disclosure log as there are no fees and shorter processing times apply.

If you have been given and obtain access to a document under the RTI Act and the document does not contain personal information, we may publish the document for others to access through our disclosure log.

Types of information requests

Administrative Release – Workers' Compensation and Rehabilitation Act 2003

If you are seeking access to your own claim file or the claim file of one of your employees insured under your WorkCover Queensland policy, you can make an application free of charge under the Administrative release policy

Injured workers and employers will have different levels of access to information held on a claim file.

You can request a copy of the claim file at any stage by phone, through our online services or by completing and returning the Administrative release form (DOC, 0.65 MB).

Under the Workers' Compensation and Rehabilitation Act 2003 we must release this information to workers/claimants within 20 business days of receiving the request. If we are unable to release the requested information we will advise you either by phone or in writing within this time.

Access to your personal information – Right to Information Act 2009 and Queensland Privacy Principles

In addition to your rights to access information under the Administrative Release Policy you can also access your personal information under the RTI Act.

As this is your personal information there are no application or processing fees however there may be a charge for access to documents. We will notify you of the decision to release or withhold information within 25 business days of receiving a valid application.

There is a Right to Information and Information Privacy Access Application form you can use for your application but you can make your application in writing in other ways if it gives us the same information that is requested in that form.  Once completed, return it to WorkCover Queensland via email, fax or post along with evidence of your identity.  If an agent is acting for you, evidence of the agent’s authorisation will also be needed.

Access to any other information or document – Right to Information Act 2009

WorkCover’s fees and charges are consistent with the fees and charges listed on the Queensland Government’s Right to Information and Information Privacy website found here.

To access any other information or documents you will need to apply under the Right to Information Act 2009. These applications relate to requests for personal information that is not your own, or non-personal information. Access will only be granted to certain documentation as provided in the RTI Act 2009.

Making an RTI application involves the same written details referred to above.  Where an application is for access to a document which is not one containing your personal information, an application fee of $57.65 is payable with the application.

Once your application is confirmed as valid we will generally have 25 business days to notify you of our decision. We may not be able to grant you access to all the documents you requested as there are exemptions that may apply. We will notify you of this decision in writing and you do have review rights. Through the decision making process you will be given an estimate of processing and access charges that may apply if you proceed with your request. Once final payment has been made we will send you the releasable documents.

Fees

Application fee

You will need to pay an application fee of $57.65 when you make an RTI request and this amount is not refundable. There is no application fee if the only document applied for contains your personal information.

Processing charge

If an RTI request takes longer than 5 hours to process then a fee of $8.95 for each 15 minute block ($35.80 per hour) applies. This charge includes the time taken to search and retrieve documents, review and make decisions on documents.  No processing charge is payable to the extent the document contains your personal information.

Access charge

An access charge is in relation to the actual cost of accessing documents and includes costs such as engaging another agency to obtain the information, relocation of information or photocopying.

A charge of 25 cents per page is payable for hard copies of documents. The access charge will not include a cost for sending files via email or on disc.

Amendments

In respect of your personal information, you can apply to have a document corrected.  WorkCover Queensland must generally take reasonable steps to ensure that having regard to the purpose for which the personal information is held, the information is accurate, up to date, complete, relevant and not misleading.

There is a form for you to use for an amendment application (Information Privacy Personal Information Amendment Application), but you can make your amendment application in writing in other ways if it gives us the information set out in that form.  Once completed, return it to WorkCover Queensland via email, fax or post along with evidence of your identity.  If an agent is acting for you, evidence of the agent’s authorisation will also be needed.

Review Rights

If you disagree with a decision in relation to an access or amendment request you can apply to have the decision reviewed through the internal review process detailed below. If you disagree with the internal review decision then you can request an external review. No fees apply for either of these review applications.

Internal Review

You can apply to have your decision reviewed by another, no less senior officer within WorkCover Queensland. The review officer is required to make a new decision and consider all documents as if the original decision was never made.

To request an internal review you must apply in writing to WorkCover Queensland, provide an address where correspondence can be sent and apply within 20 business days from the date of the original decision (as noted on the decision notice).

You will be given a new decision within 20 business days from a valid internal review application. If you do not receive a decision within this time you may apply to the Office of the Information Commissioner for an external review.

External Review

If you disagree with either the original decision or the internal review decision you may apply to the Office of the Information Commissioner for an external and independent review.

To request an external review you must apply in writing to the OIC, provide an address where correspondence can be sent and apply within 20 business days of the date on the decision notice. You must also provide details of the decision you need reviewed.

Most requests are processed within 90 days however more complicated reviews may take longer.

For more information please contact the OIC at oic.qld.gov.au.

Contact us

For more information or to make an application you can contact us by:

• Emailing our RTI team
• Fax to 1300 651 387
• Post to RTI Officer, WorkCover Queensland, GPO Box 2459, Brisbane Qld 4001
• Phone on 1300 362 128