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Workers' Compensation and Rehabilitation Act 2003
sec.576Information not actionable
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### sec.576 Information not actionable
This section applies to an action for defamation, or a proceeding for other redress, about the disclosure of information in the possession of the Regulator or an insurer, or traceable to that possession.
Action can not be brought against the Regulator or the insurer, or a person acting for any of them, by a person claiming to be aggrieved about the disclosure in relation to—
a claimant’s physical or mental condition; or
a claimant’s capacity or incapacity for work; or
the credibility of any of the following—
an employer;
an insurer;
a claimant;
a contributor;
another person involved in the claim, if the disclosure is relevant to the claim.
Subsections (1) and (2) apply to—
information in the possession of WorkCover only to the extent the information came into WorkCover’s possession—
under its powers and functions under the Act ; or
because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and
information in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession—
under its powers and functions under section 92 or 92A ; or
because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .
In this section—
claimant means a person for whose injury, or purported injury, compensation or damages is sought, is being paid or has been paid.
information includes opinion and comment.
s 576 amd 2003 No. 85 s 28 sch ; 2004 No. 45 s 83 ; 2013 No. 52 s 114 sch 2
(sec.576-ssec.1) This section applies to an action for defamation, or a proceeding for other redress, about the disclosure of information in the possession of the Regulator or an insurer, or traceable to that possession.
(sec.576-ssec.2) Action can not be brought against the Regulator or the insurer, or a person acting for any of them, by a person claiming to be aggrieved about the disclosure in relation to— a claimant’s physical or mental condition; or a claimant’s capacity or incapacity for work; or the credibility of any of the following— an employer; an insurer; a claimant; a contributor; another person involved in the claim, if the disclosure is relevant to the claim.
(sec.576-ssec.3) Subsections (1) and (2) apply to— information in the possession of WorkCover only to the extent the information came into WorkCover’s possession— under its powers and functions under the Act ; or because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and information in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession— under its powers and functions under section 92 or 92A ; or because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .
(sec.576-ssec.4) In this section— claimant means a person for whose injury, or purported injury, compensation or damages is sought, is being paid or has been paid. information includes opinion and comment.
- (a) a claimant’s physical or mental condition; or
- (b) a claimant’s capacity or incapacity for work; or
- (c) the credibility of any of the following— (i) an employer; (ii) an insurer; (iii) a claimant; (iv) a contributor; (v) another person involved in the claim, if the disclosure is relevant to the claim.
- (i) an employer;
- (ii) an insurer;
- (iii) a claimant;
- (iv) a contributor;
- (v) another person involved in the claim, if the disclosure is relevant to the claim.
- (i) an employer;
- (ii) an insurer;
- (iii) a claimant;
- (iv) a contributor;
- (v) another person involved in the claim, if the disclosure is relevant to the claim.
- (a) information in the possession of WorkCover only to the extent the information came into WorkCover’s possession— (i) under its powers and functions under the Act ; or (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and
- (i) under its powers and functions under the Act ; or
- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and
- (b) information in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession— (i) under its powers and functions under section 92 or 92A ; or (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .
- (i) under its powers and functions under section 92 or 92A ; or
- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .
- (i) under its powers and functions under the Act ; or
- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and
- (i) under its powers and functions under section 92 or 92A ; or
- (ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .