Privacy
The Commission’s policy and plans demonstrate how we comply with the NSW Privacy Laws.
Personal Injury Commission and NSW Privacy Laws
The NSW Privacy Laws do not affect the exercise of the Personal Injury Commission’s judicial function in relation to hearing or determining proceedings before it. Documents, records and other material relating to proceedings are dealt with, as required, by the Personal Injury Commission Act 2020 (PIC Act), enabling legislation and the Personal Injury Commission Rules 2021 (PIC Rules). For example, decisions issued by the Commission are exempt from these privacy laws – see the Commission’s Decision publication policy.
The Commission must comply with the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 in relation to the general management and administration of its Registry and office resources. The NSW Privacy Laws set out privacy standards known as Information Protection Principles and Health Privacy Principles. These laws and standards regulate the way we, collect, use, store and disclose personal and health information.
The following policies and plans demonstrate how the Commission complies with the NSW Privacy Laws. A good starting point to understand our privacy obligations is the Commission’s Privacy policy statement.
Outlines our general privacy obligations. It explains what, how and why the Commission collects personal and health information, and how it may be used, stored, accessed, and corrected.
Explains in detail how we comply with our obligations under the privacy laws.
Details our privacy obligations in relation to our website and users of our website.
If you are unhappy with the way we have dealt with your personal and health information, you can make a complaint – either directly to us or to the NSW Privacy Commissioner. The complaint procedures are explained in the above documents.
Accessing information held by the Personal Injury Commission
The Personal Injury Commission is committed to openness, transparency and ease of public access to our information under the Government Information (Public Access) Act 2009 (GIPA Act).
Members of the public can access records and other types of information that are of public interest. Access to records is only restricted where there is an overriding public interest against disclosure under the GIPA Act.
Types of information held by the Personal Injury Commission
The Personal Injury Commission collects information to register applications and make decisions about personal injury disputes. This includes personal information, health information and other information provided by the parties and their legal representatives in Commission proceedings, including but not limited to:
- claim forms
- medical and investigative reports
- injury management plans, clinical notes, and medical certificates
- witness statements
- notices issued under workers compensation or motor accidents legislation
- complying agreements
- receipts
- wage information and payslips.
The Commission also holds information relating to its decisions, proceedings, services, and administration.
Information that is publicly available
The GIPA Act requires the Commission to make certain information, known as ‘open access information’, publicly available. It also authorises the proactive release of information unless there is an overriding public interest against disclosure of the information. Accordingly, the Commission has made the following information publicly available, free of charge, on the website:
- procedural directions
- guidelines
- decisions
- codes of conduct
- policies
- annual reviews
- papers and presentations
- bulletins.
How to access the Commission’s information
Much of the information held by the Commission, other than the publicly available information referred to above, relates to the personal information of individuals and is likely to be exempt from disclosure under the GIPA Act. See our privacy page for more information.
If the information you seek is unavailable, you can make an informal request or a formal access application.
Informal request
You can make an informal request for information from the Commission. The Commission is not obliged to consider an informal request, but may do so if possible.
Formal application
You can formally request specific information from the Commission using a formal access information form.
Completed access information forms must be returned to the Commission via post:
Right to Information Officer
Personal Injury Commission
PO Box 594
Darlinghurst NSW 1300
You can contact the Commission’s Right to Information Officer on 1800 742 679 or [email protected] if you have any questions or need assistance filling out the form.
For further information on the GIPA Act, contact the Information and Privacy Commission NSW on 1800 472 679.