UNOFFICIALOHS DATABASE
PRIVACY
Consent to release personal information to a workers comp insurer: An area where privacy issues intersect OHS/workers comp is if a worker does not consent to release or collection of personal or health information from their doctor in relation to a workplace injury. Insurers may decline payment of provisional benefits on the basis that they cannot determine a worker's entitlement. This is seen as a "reasonable excuse" under s268 of the WIM and WC Act 1998.
Recruitment issues: Another area which can cause problems is where an employer seeks information about any previous compo claims made by job applicants. WorkCover NSW does not provide this information to employers, whereas at least one other state jurisdiction in Australia does. A prospective employer may ask applicants if they have made a compo claim before but the applicant is not compelled to answer (although it's clear what a non-answer can do to the person's job prospects). Applicants who lie in answer to this question may leave themselves open to future legal consequences.
Concerned employers may be able to find out people's involvement in the compensation/industrial system by checking the Austlii database for cases that have appeared before the NSW Compensation Court and Industrial Tribunal. Bear in mind that people can request that a court or tribunal remove their name from the case information.
There may also be discrimination issues to consider, in relation to not employing a person on the basis of a disability or perceived disability, where the applicant would be the best person for the job, unless this would cause unjustifiable hardship for the employer (explained in s49A of the NSW Anti-Discrimination Act 1977).
Workplace surveillance: Some of the main privacy-related industrial issues relate to workplace surveillance. Video surveillance is covered by a Code of Practice. This code, plus useful analyses of issues such as use of listening devices and reading of email and letters, can be found in A brief introduction to the Workplace Surveillance Act 1998 on the Privacy NSW website.
For more detail regarding the issues see Issues
Paper - Visual Surveillance in the Workplace
Links
Information Protection Principles (summary on Privacy NSW website)
OFPC (Office of the Federal Privacy Commissioner) website
Freedom
of Information (NSW - includes form download)
Under the NSW
Freedom of Information Act 1989 you have the right to access records held
by NSW government departments Agencies, MPs, councils and other public agencies.
You can also have personal records amended if they're not correct. If a department
refuses your requests you can lodge an appeal.
Privacy rules
NSW Privacy and Personal Information Protection Act 1998
NSW Privacy and Personal Information Protection Regulation 2000
NSW Privacy Code of Practice (General) 2003
NSW Health Records and Information Privacy Act 2002
NSW Workplace Video Surveillance Act 1998
NSW Listening Devices Act 1984
Privacy (Private Sector) Regulations 2001
Federal Telecommunications Act 1997
Federal National Health Act 1953
Federal Data Matching Program (Assistance and Tax) Act 1990