Access to Return to Work Claims file
The Return To Work Act 2014 (the RTW Act) gives workers a right to:
- be provided with copies of all documentary material in the possession of the Compensating Authority relevant to the claim made by the worker within 45 days after a request is made; and
- inspect, or have their representative inspect, all non-documentary material in the possession of the Compensating Authority relevant to a claim made by the worker at a time and place agreed to between the worker and Compensating Authority.
There are three types of documentary material that are exempt from having to be provided to workers:
(a) material that is relevant to the investigation of suspected dishonesty in relation to the claim; or
(b) material that is protected by legal professional privilege; or
(c) where the disclosure of the material could reasonably be expected to endanger the life or physical safety of any person.
The Ombudsman is able to review decisions related to requests by workers for access to their claims files. The Ombudsman’s review is limited to the question of whether the requested material is exempt. At the conclusion of the review the Ombudsman can confirm, vary or reverse the decision.
The Ombudsman also has the ability to investigate complaints relating to the administrative acts of the Compensating Authority, including a breach of Service Standards. For information about making a complaint see: complaints.
If you are a worker aggrieved by a decision of the Compensating Authority about access to your claim file, you are entitled to apply to the Compensating Authority for an internal review of the decision within 30 days.
If you are still aggrieved by the Compensating Authority’s decision after their internal review, you may apply to the Ombudsman for a review of the decision.
An application to the Ombudsman to review the Compensating Authority’s decision must be made within 30 days after the day on which you received notification of the decision. The Ombudsman may consider an application lodged outside the 30 days’ time limit if he considers that there is proper reason to do so.
Request a Review
If you wish to apply for an external review of a decision by the Compensating Authority for access to your claim file, you must do so in writing. Please address the points listed in the online form (below).
We will use the information from this form to undertake the review. We will protect your personal details; however in conducting the review we will need to give some of this information to others. The information you submit will be stored in our case management database.
If you require assistance
You can come in to the Ombudsman’s office and ask for assistance to fill in a form.
Non-English speaking people can receive assistance from the Translating and Interpreting Service (TIS) on 131 450.
If you are deaf, or have a hearing or speech impairment the National Relay Service is available and can be contacted on 133 677 (TTY/voice calls) or 1300 555 727 (Speak & Listen).