Access To Information
The Accident Compensation Act 1985 (ACA) gives injured workers a right, subject to certain exemptions, to obtain information in relation to their injury claim file held by an Agent, or a Self-insurer.
The Freedom of Information Act 1982 (FoI Act) gives any person a right, subject to certain exemptions, to obtain access to documents relating to their personal affairs and the activities of government agencies, such as WorkSafe. The FOI act does not apply to private companies, including self-insurers.
In the context of an injured worker seeking access to information held by WorkSafe and/or its Agents about their own claims, both the ACA and the FoI Act are relevant.
Whilst the fundamental principles between the two processes are very similar, there are some important differences in the processes under the FoI Act compared to the ACA. For instance:
- you may make a request by phone,
- you must be notified of a decision within 28 days of your request,
- there is no application fee and no access charges or costs.
- a request must be in writing
- you must be notified of a decision within 45 days of your request
- there is an application fee for a request– currently $25.10
- access charges and costs apply for searches, time and copying.
Click the links below for more information on: