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Ms Lisa Hunt
Chief Executive Officer
WorkCover Authority of NSW
via facsimile (02) 4325 4145
Dear Ms Hunt,
I refer to the redesigned WorkCover NSW (WorkCover) website, released to the public yesterday,
19 February 2010. Of specific interest to me are pages concerning Scheme Agent Contracts.
Background
For your information, here is the background to the public release by WorkCover of the Scheme
Agent Contracts:
On 29 January 2008 I made an application under the Freedom of Information Act 1989
(NSW) (“the FOI Act”) for information on various subjects, including contracts between:
o WorkCover and Allianz Australia Insurance Limited and
o WorkCover and Allianz Australia Workers’ Compensation (NSW) Limited.
On 11 March 2008 Ms Wendy Laing, Freedom of Information Officer, determined that,
in relation to the contracts, there were “no records found”.
On 16 March 2008 I complained to the NSW Ombudsman about the FOI determination.
On 29 October 2008 Mr Wayne Kosh of the Office of the NSW Ombudsman wrote to your
predecessor, Mr John Blackwell, and stated:
o “It would certainly seem to me that there may well be numerous documents subject
to FOI application” and
o “I would therefore appreciate WorkCover writing to and releasing to
him any parts of the contracts signed between the Nominal Insurer and Allianz
Australia Workers’ Compensation (NSW) Limited…”
On 12 December 2008 Mr John Blackwell wrote to me and stated:
o “WorkCover made a legal and factual error in its determination of your FOI
application in so far as it determined that WorkCover does not hold documents in
the form of contracts between WorkCover and Allianz…” and
o “WorkCover is of the view that the [scheme agent deed] document is exempt under
clause 13(a) of Schedule 1 to the FOI Act as it ‘contains matter the disclosure of
which would found an action for breach of confidence’.”
(P1/5)
On 17 December 2008 I applied to the Administrative Decisions Tribunal (ADT) for a review
of the decision on the basis that “WorkCover’s response is not in accordance with the
determination by the NSW Ombudsman.”
Concurrent with denying my FOI application (for what I consider to be spurious reasons),
WorkCover had surreptitiously entered into negotiations with the Scheme Agents to reach
agreement on release of parts of the Scheme Agent Contracts.
After an ADT planning meeting on 2 March 2009 WorkCover released to me sections of the
contracts in paper form.
With letter dated 2 April 2009 from Mr Craig McBride, Manager, Executive and Ministerial
Services Unit, I received additional portions of the contracts and all previously released
documents but this time in electronic form (as specified in my FOI application).
On or around 2 April 2009 all of the documents previously released to me were also made
available via the WorkCover website.
On 17 November 2009 the ADT provided written reasons (non-publication order in force) for
its decision in this matter.
On 18 November 2009 Ms Narelle Caldwell, Director Agent Operations, pursuant to the
ADT’s directions, released to me the final document in relation to my FOI application – the
“Key Personnel Register” of the Nominal Insurer’s agreement with Allianz Australia Workers’
Compensation (NSW) Limited.
After undoubtedly spending many thousands of dollars on high profile legal representation to
attempt to block my FOI request, a matter which took almost two years to be finalised, WorkCover
made the following disingenuous claim on its (previous and current) websites1:
As at 10 December 2009 there were a total of 104 documents (in Adobe PDF format) relating to
Scheme Agent Contracts available from the WorkCover website. As at yesterday, after the launch of
your new website, there is only one document available2, as follows:
Scheme Agent Deed, Publication No. 2129 (PDF format - 463 Kb)
A total of 103 documents are now no longer available – these are listed in “Schedule 1”. It would
seem to me that the “commitment to maintaining transparency of the workers compensation
scheme” has quickly been forgotten about.
1
WorkCover website: Insurance and premiums → Scheme agents → Released agent contract information
http://www.workcover.nsw.gov.au/insurancepremiums/schemeagents/Pages/Releasedagentcontractinformat
ion.aspx
2
WorkCover website: Forms and publications → Publications → Scheme agent deed 2010 to 2014
http://www.workcover.nsw.gov.au/formspublications/publications/Pages/schemeAgentDeed20102014.aspx
(P2/5)
2005 Deed
The 2005 Deed documents appear to have been removed from the WorkCover website between
10 December 2009 and 6 February 2010 – unrelated to yesterday’s launch of the redesigned site.
I am of the opinion that the 2005 Deed should have remained on your website for historical
purposes. Availability of these documents would allow comparison of Scheme Agent Contracts over
time and would be in keeping with WorkCover’s previous “commitment to maintaining transparency
of the workers compensation scheme”.
As at 10 December 2009 both the 2005 Deeds and 2010 Deeds were available from the WorkCover
website. Despite them being on one page, these were clearly marked, leaving little room for
confusion between old and new deeds. (For reference, website image3 is available at the end of
“Schedule 1”.)
3
WorkCover website (previous site structure): Workers Compensation → Scheme changes → Scheme Agent
Contracts
http://workcover.nsw.gov.au/WorkersCompensation/NewSchemeArrangements/Pages/SchemeAgentContract
s.html
(P3/5)
2010 Deed
Of the 2010 Deed documents only one remains on your site with the rest deleted, as outlined above.
Concerns
I am very concerned that my FOI application (which took almost 2 years to bring to conclusion) and
resulted in the rightful release to the NSW public of documents which were previously secret, has
now been undone.
Based on the information before me, I cannot be entirely certain whether all of these deletions are
an unintended consequence of the website redesign, or a deliberate action by WorkCover.
However, removal of the 2005 Deed does appear to be intentional as these documents were
removed prior to the launch of the redesigned site.
I am also inclined to believe that removal of documents relating to the 2010 Deed has also been
intentional. I base this on the fact that you have released the new website in what appears to be its
final form. That form is largely a transposition of information contained on the previous website.
That the 2010 Deed documents are missing is indeed conspicuous.
At this point in my inquiries it would be appreciated if you could address the following:
1. Why were all of the 2005 Deed documents removed from the WorkCover website?
2. Will WorkCover consider making available the 2005 Deed documents from the WorkCover
website? If yes, when will this happen? If no, please detail your reasons for this.
3. Why have all but one of the 2010 Deed documents been removed from the WorkCover
website?
4. Will WorkCover consider making available the remaining 2010 Deed documents from the
WorkCover website? If yes, when will this happen? If no, please detail your reasons for this.
Whilst I have asked you to address specific matters (and I would ask that you address these
individually), please feel free to add any additional comment that may better explain any
WorkCover NSW position.
Your response
Please be aware that this inquiry is of a general nature, that is, not about any specific claim for
workers compensation. It would be appreciated if you would not make reference to any specific
claim in your response.
Further, as my letter to you is not about a specific claim for workers compensation, I do not consent
to the contents of this letter being discussed with any agent for the NSW WorkCover Scheme, or
indeed with any party external to WorkCover NSW.
(P4/5)
Obviously it is in the best interests of all parties that this matter does not again become protracted.
As such, it would be appreciated if your response would be in my hands no later than 30 days from
today.
Yours sincerely,
(P5/5)
Schedule 1
Scheme Agent Deed documents deleted from WorkCover NSW website
(Schedule 1: P1/5)
Schedule 1 (continued)
(Schedule 1: P2/5)
Schedule 1 (continued)
67. 2.7 - Transfer of Experience between Employers, Publication No. 2198 (PDF format - 31 Kb)
68. 2.9 - Certificates of Currency, Publication No. 2199 (PDF format - 41 Kb)
69. 2.12 - Administration of Policies, Publication No. 2188 (PDF format - 35 Kb)
70. 2.14 - Late Payment Fee for Additional Premium Resulting from Wage Audits, Publication
No. 2189 (PDF format - 33 Kb)
71. 2.15 - Basic Tariff Premium Changing, Publication No. 2190 (PDF format - 27 Kb)
72. 2.16 - Plate Rates for Taxi Owners and/or Operators, Publication No. 2191 (PDF format -
43 Kb)
73. 2.17 - Reinstatement of Statutory Instalments, Publication No. 2192 (PDF format - 19 Kb)
(Schedule 1: P3/5)
Schedule 1 (continued)
95. M4 - Claims Estimation Manual, Publication No. 2181 (PDF format - 261 Kb)
96. M5 - File Transfer Manual, Publication No. 2182 (PDF format - 135 Kb)
97. M6 - Portability Data Requirements Agents - Version 7.0, Publication No. 2183 (PDF format -
66 Kb)
98. M7 - Premium and Debt Collection Manual, Publication No. 2184 (PDF format - 241 Kb)
99. M7a - Premium and Debt collection Manual - Appendix A, Publication No. 2185 (PDF format
- 49 Kb)
100. M9 - Records Management Manual, Publication No. 2186 (PDF format - 42 Kb)
101. M10 - Wage Audit Insurer Manual - Version 8.0, Publication No. 2186 (PDF format - 124 Kb)
102. M11 - Wage Audit Services Manual, Publication No. 2176 (PDF format - 26 Kb)
103. M12 - Wages Definition Manual - June 2010, Publication No. 2178 (PDF format - 1260 kb)
(Schedule 1: P4/5)
Schedule 1 (continued)
(Schedule 1: P5/5)