Comcare - Australian Government
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FOI and Privacy

Freedom of Information

Access to documents

Under section 59 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) injured workers can request copies of all documents relating to their claims. Similarly, employers can request information or documents held by Comcare relating to their employees. This method of requesting documents results in limited numbers of requests under the Freedom of Information Act 1982 (FOI Act). Where Comcare receives a request under the FOI Act from an injured worker for documents relating to their claim, Comcare will process the request wherever possible without charge to the applicant. Where documents cannot be processed under Comcare’s legislation, Comcare will consider whether they can be processed under the FOI Act (although the ordinary charges will apply).

For matters other than claims management, Comcare will, wherever possible, meet requests for access to documents that satisfy the requirements of the FOI Act. Comcare also provides secretariat support and assistance to the Commission and the Seacare Authority including processing of any applications under the FOI Act.

1 July 2010 to 30 April 2011

There were 30 requests for documents and one request for Internal Review under the FOI legislation during 2010–11.

1 May 2011 to 30 June 2011

From 1 May 2011 agencies subject to the FOI Act are required to publish information to the public as part of the Information Publication Scheme (IPS). Found in Part II of the FOI Act, this requirement replaces the former requirement to publish a section 8 statement in an annual report.

Comcare has developed and published an agency plan showing the information published in accordance with the IPS requirements. This agency plan and a full list of Comcare’s available publications are available through the Comcare website.

FOI requests

Requests for copies of documents under the FOI Act should be referred to the Freedom of Information Coordinator who can be contacted on 1300 366 979.

Privacy

Comcare needs to collect personal information about individuals in order to perform its functions effectively. Comcare takes its obligations under the Privacy Act seriously and is committed to meeting the highest standards when collecting, storing, using and disclosing personal information.

On 2 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner (OAIC). Comcare actively participates in forums run by the OAIC and is kept abreast of impacts on the privacy environment.

For information about privacy you should contact Comcare’s Privacy Contact Officer on 1300 366 979.

Privacy complaints received by Comcare 2009–10

Complaints on hand as at the last reporting period

Complaints from individuals

  • Number of privacy complaints from individuals on hand as at the last reporting period: 0

Complaints referred by the OAIC

  • Number of privacy complaints referred by the OAIC on hand as at the last reporting period: 2

Privacy complaint summary

Complaints from individuals

  • Number of privacy complaints received from individuals: 4
  • Number of privacy complaints from individuals finalised during period: 4
  • Number of privacy complaints from individuals outstanding at end of period: 0

Complaints referred by the OAIC

  • Number of privacy complaints referred by the OAIC: 1
  • Number of privacy complaints referred by the OAIC finalised during period: 3
  • Number of privacy complaints referred by the OAIC outstanding at end of period: 0

Privacy complaint types

Complaints from individuals by type

  • Disclosure of personal information: 3
  • Storage and security of personal information: 1

Complaints referred by the OAIC by type

  • Disclosure of personal information: 1

Breaches

Complaints from individuals by type

  • Number of complaints where Comcare discovered a breach of privacy: 1

Complaints referred by the OAIC by type

  • Number of complaints referred by the OAIC where the OAIC found a breach of privacy: 1