Access to Information
The Accident Compensation Act 1985 (ACA) gives injured workers a right, subject to certain exemptions, to obtain information about themselves or on their injury claim file held by WorkSafe, an Agent, or a Self-insurer.
The Freedom of Information Act 1982 (FoI Act) gives a 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 Authorised Agents about their own claims, the ACA and the FoI Act are relevant.
It should also be noted that, whilst the fundamental principles between the two processes are very similar, there are important differences in the processes for dealing with requests under the FoI Act compared to the ACA. For instance, under the ACA you may make a request by phone and the Agent is required to inform you of their decision within 28 days of your request. Under the FOI Act, a request must be in writing and Agents have 45 days to notify you of their decision.
There is no application fee and no charges for access to information requests under the ACA. There is an application fee for a Freedom of Information request and charges for searches, copying documents and other items to access documents under the FOI Act. The application fee of $24.40 is non refundable unless waived upon request and receipt of evidence of financial hardship.
Click the links below for more information on:
- How to access personal and health information relating to your claim
- Main differences in processing requests under the ACA and the FoI Act
- Access to claims information under the ACA
- Access to information under the FoI Act
- Complaints Process
