WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 107B

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 107B

107B—Worker's right of access to claims file

        (1)         The Corporation or a delegate of the Corporation must, at the request of a worker—

            (a)         provide the worker, within 45 days after the date of the request, with copies of all documentary material in the possession of the Corporation or the delegate relevant to a claim made by the worker; and

            (b)         make available for inspection by the worker (or a representative of the worker) all non-documentary material in the possession of the Corporation or the delegate relevant to a claim made by the worker.

Maximum penalty: $5 000.

        (2)         Non-documentary material is to be made available for inspection—

            (a)         at a reasonable time and place agreed between the Corporation or delegate and the worker; or

            (b)         in the absence of agreement—at a public office of the Corporation or delegate nominated by the worker at a time (which must be at least 45 days, but not more than 60 days, after the request is made and during ordinary business hours) nominated by the worker.

        (3)         However, the Corporation or delegate is not obliged to provide copies of material, or to make material available for inspection by the worker if—

            (a)         the material is relevant to the investigation of suspected dishonesty in relation to the claim; or

            (b)         the material is protected by legal professional privilege.

        (4)         In this section, a "delegate" of the Corporation includes a self-insured employer.