Industry collaboration key to overcoming WA Workers Compensation challenges

NIBA and the Insurance Council of Australia have worked together to develop an approved, industry-wide consent form. 

On July 1, 2024, the Workers Compensation and Injury Management Act 2023 (the Act) came into effect. Alongside this, WorkCover WA implemented the Insurance Brokers Principles and Standards of Practice.   

Under the legislation and accompanying Principles and Standards, insurance brokers cannot access a worker’s personal information from an insurer without the worker’s express consent. This aligns with the obligations outlined in the Privacy Act and the Workers' Compensation and Injury Management Act 1981. 

On 9 July 2024,  WorkCover WA released a Bulletin clarifying this obligation. The Bulletin also clarified that the consent authority in the approved Workers Compensation Claim Form CF1 does not apply to insurance brokers.   

To address this, NIBA and the Insurance Council of Australia have worked together to develop an approved, industry-wide consent form. The approved form was developed with significant consultation from brokers, insurers and independent legal advisers.  

This form will enable members to meet their obligations under WA Workers Compensation legislation and the Privacy Act (where applicable) and continue to support their clients while NIBA works with Work Cover WA to advocate for a pragmatic long-term solution. 

“There is still much work to be done on this issue to ensure brokers can continue to support their WA clients,” said NIBA CEO Richard Klipin. “Nonetheless, this form demonstrates the importance of the industry coming together to solve collective issues.” 

NIBA would like to thank the ICA and NIBA WA members for their assistance and expertise throughout this process.