Medical Information Consents and Authority Procedure

This has been provided so as you may protect yourselves against worksafe
gaining access to irrelevant medical information or your complete medical
file.

Policy and Procedure regarding use of Consent and Authority comprising
Form D to the Ministerial Directions made pursuant to S134AF(1) of the
Accident Compensation Act 19851.

1. In the course of managing an application brought by a worker pursuant to
Section 134AB(4) of the Accident Compensation Act 1985 (“the Act”) it
may become necessary for the Victorian Workcover Authority (VWA), or
legal firm instructed by the VWA, to seek information from the provider of a
health service.

2. By Order of the Governor in Council gazetted 12 October 2006 a worker
may at the time of making an application pursuant to Section 134AB (4) provide
the VWA or a self insurer with a consent and authority to release information
and documents. This consent is in the form comprising Form D to the Ministerial
Directions made pursuant to S134AF(1) of the Act.

3. In accordance with Form D the consent and authority is only valid until such
time as the VWA or self insurer makes a determination under Section 134AB (7).

4. The provision of the consent and authority with the application is not intended
to derogate from the responsibility of a worker’s legal practitioner to ensure
that as far as possible all medical reports, including treaters’ notes and records
relevant to the determination of “serious injury” and common law damages upon
which the worker seeks to rely, are included in the application.

5. In circumstances where the VWA or its legal representatives elect to utilise
the authority to seek further information and documents, the authority should
be utilised in a considered manner and have proper regard to both the subject
matter of the application and the potential relevance of the material sought
through utilisation of the authority and consent.

6. Where the VWA or its legal representative seeks information and documents
by relying upon the authority and consent the person utilising the authority
will:
(i) at the same time, advise the worker’s legal representative of the use
of the authority and provide a copy of the requesting letter;
(ii) each letter of request to a provider will indicate that the information
collected may be released by the VWA or its legal representative to
the worker’s legal representative;
(iii) subject to being prevented by law from doing so, provide upon written
request from the worker’s legal representative a copy of the information
so obtained by the VWA or its legal representative to the worker’s legal representative.
(iv) a copy of any information obtained by the VWA or its legal representative,
if released to the worker’s legal representative, will be provided to the
worker’s legal representative without charge.

7. For the avoidance of doubt the provision of a Form D does not allow a
legal firm instructed by the VWA to request that a medical report be
generated nor does it permit the firm to seek any comment from the
person to whom the Form D is provided. “To give access to all information
and documents” is restricted to information and documents in existence
at the time of the request.

8. Copies of any information and documents obtained pursuant to the
consent and authority will not be provided to a third party save where
the provision of such information and documents is required to assist in
the conduct of the worker’s claim, including the application or any
subsequent common law proceeding arising from the application or
otherwise by consent of the worker or worker’s legal representative.
Examples of such third parties are as follows:

- Experts engaged by the Authority to provide opinions or to assist it in the
conduct of the claim;
- Counsel engaged by the Authority to appear;
- A third party identified by the worker or the VWA as a potential tortfeasor
in relation to the application or a subsequent common law proceeding arising
from the cause of action identified in the application;
- As provided by this protocol.

9. In the event that disclosure of information or documents to a third
party is otherwise required by law and in circumstances not envisaged
by this protocol, the worker or the worker’s legal representative are to
be notified of the request and of the disclosure required by law in such
circumstances.

Last updated on 12 December 2007