Employers Information Access Agreement

This Information Access Agreement applies to all pages on the icare workers compensation portal.

Purpose

You have been given access to this website or portal because you have been nominated by an Employer as someone directly responsible for managing the Employer’s workers’ compensation policy, or the Employer’s workers’ compensation claims in one or more of the following areas:

  • claims costs management or coordination; or
  • return to work (recovery at work) management and planning; or
  • workplace health and safety and injury management.

(For terms with initial Capitals, please see section 8 (Glossary)).

Agreement to Information Access Agreement

By registering for and using this website or portal and its content, including using your assigned username and password, you agree to accept and comply with this Information Access Agreement, as well as the Website Terms of Use.

The website, the portals and their content are made available to Employers’ authenticated representatives for information and communication only, and your access to this content is provided solely for your use in providing services to manage the Employer’s claims, or Employer policy, or both, in connection with the Workers’ Compensation scheme (Scheme).

If you are not an employee of an Employer (a policyholder, see section 8 (Glossary)), or have not accessed this website or portal in connection with services you are contracted to provide in association with the Scheme, please exit this website and the portal immediately and refrain from further use. Please also inform QualityAssurance.LPP@icare.nsw.gov.au of the mistaken access.

Updates: icare may at any time revise this Information Access Agreement by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Information Access Agreement to which you are bound. You will be bound by changes even if you do not re-visit this page to re-read this notice.

Authorised Use

Disclosure: icare has authorised your access to this website and the portal specifically to permit you to read and use documents relating to the Employer’s policies and the following documents for the Employer’s workers compensation claims:

  • Certificates of Capacity,
  • Return to Work Plans, and
  • Injury Management Plans.

You are not authorised to access any information in addition to these documents unless you have prior written approval from icare or the Nominal Insurer.

Permitted Records: You must only access and use documents relating directly to the Employer’s policy and the documents listed above which are lodged on this Website in respect of workers who have workers’ compensation claims against the Employer.

Obligations

Personal and Health Information: You acknowledge and agree that the documents to which you have been granted access may include Personal and Health Information that has been disclosed in connection with workers’ compensation claims made by the Employer’s workers, and that you have obligations to safeguard this information under this Information Access Agreement.

Privacy Principles Statement: The Employer’s workers have been provided with the Privacy Principles Statement to explain how their Personal and Health Information is used, disclosed, and stored in connection with their workers compensation claim. You should read and be aware of these Privacy Principles, and must adhere to these at all times in your handling of the information stored on this website and the portal.

Required Safeguards: You must follow these requirements in your handling of the documents you are permitted to access, specifically the documents must:

  • only be accessed, used, and disclosed for the purposes listed in section 1 (Purpose),
  • be kept securely, and separate from all other personnel records held by the Employer, and
  • be made available to any of the Employer’s workers who request access to the documents relevant to their compensation claim, unless providing access would be unlawful or would pose a serious threat to another person’s life or health.

Security

Access Protection: icare provides all authenticated users with a username and password. Each username may only be used by one individual. You must not provide your username, nor your password, to any other person. You must keep your username and password confidential and secure it from access by others. You will be held responsible for all access to this website or portal made under your username, even if the access was made by another person.

Legal Obligations: icare is required to manage Personal and Health Information in accordance with relevant law. These legal obligations apply to all collection, use, disclosure, and storage of Personal and Health Information in the course of administering the Scheme. The Workers Compensation Act 1987, the Workplace Injury Management and Workers’ Compensation Act 1998, and other legislation regulating the Scheme also contain specific rules about use and disclosure of information obtained from workers in the course of administering claims. You undertake and agree to abide by these obligations in the course of providing services for the Employer in connection with the Scheme.

Monitoring: icare may use various systems and security measures to safeguard the Personal and Health Information stored on this website and the portals from misuse, interference, loss, unauthorised access, modification, and disclosure. These may include firewalls, intrusion detection and virus scanning tools, auditing and compliance monitoring. icare may take voice recordings of telephone conversations in which you are a participant or which may be made during the management of claims arising from your actions as an Employer (or the actions of the Employer), and may use those recordings both in administration of the claim, and to improve the quality of management of the Scheme. icare may take risk management and fraud prevention steps such as conducting claims audits and analysis of claims. icare may also keep a record of each authorised user’s log on, transactions on the website and the portals, including tracing or auditing all user activity under the user’s individual username. You understand and acknowledge that your own use of the website and the portals may be tracked and your phone calls recorded.

Termination of Access

Employment changes: Your access has been granted by your Employer Administrator because of your employment or broker responsibilities. Your access to this website and the portals must be terminated by your Employer Administrator if your employment or broker relationship is terminated or you leave work for your Employer for any reason, or if you change roles so that you are no longer responsible for one or more of the areas listed in section 1 (Purpose). Your access may be suspended or terminated at icare’s discretion if the Employer’s policy expires or is terminated or transferred.

Suspension or termination: icare may, in its sole discretion, terminate or suspend your access to the website and the portals, or remove and discard any content within the website and the portals, for any reason, including without limitation, if icare believes that you have violated or acted inconsistently with the letter or spirit of this Information Access Agreement.

Reporting misuse: If you conduct any illegal activities or otherwise breach this Information Access Agreement, icare reserves the right, in its absolute discretion, to:

  • report to any or all of the Employer, an authority or other relevant party, and internet service provider, and
  • disclose your personal or other information relevant to your activities or breach, or
  • take legal action, or all of them.

If you are the Employer or the Employer’s Administrator

You have requested access to this website and the portals to manage and administer your policy and claims under the Scheme. Your use of this website and the portals is subject to this Information Access Agreement. Where the term “the Employer” or “an employee of an Employer” is used in this Information Access Agreement, it also applies to you as the Employer. icare may suspend or terminate your access at its discretion if your workers’ insurance policy expires or is terminated.

Administering Employer access: You are responsible for administering access to this website and the portals for your representatives (employees, contractors, brokers and agents) to whom you grant authenticated access. You are required to ensure that you only grant access to authenticated users who comply with the eligibility and other requirements of this Information Access Agreement (see especially, section 1 (Purpose) and section 4 (Authorised Use)). You must remove or delete the access of your representatives whose employment with you is terminated, or if an authenticated user changes roles so that they are no longer responsible for one or more of the areas listed in section 1 (Purpose).

Glossary

icare
refers to Insurance and Care NSW (ABN 16 759 382 489), which has established and provided this website and the portals on behalf of the Nominal Insurer, to assist in the management of claims for the Scheme.

Employer
refers to a business (including an individual business owner) that employs or hires workers on a full-time, part-time or casual basis, under an oral or written contract of service or apprenticeship, and who holds a policy of insurance with the Nominal Insurer under the Scheme in respect of those workers.

Employer’s Administrator
refers to the representative of the Employer appointed by the Employer to manage the Employer’s access to and use of the Website including those of the Employer’s other representatives, and the Employer’s and Employer’s other representatives’ compliance with this Information Access Agreement.

Nominal Insurer
refers to the Workers’ Compensation Nominal Insurer (ABN 83 564 379 108).

Personal and Health Information
are defined in Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 (NSW), as are our obligations to protect them. Personal information is information or an opinion about an individual, in which it is possible to identify that individual, including a worker’s name, address, phone no., Tax File No., client no., claim no., and date of birth, and data that can be linked, manipulated or re-identified so that the worker’s identity is reasonably ascertainable. Health information is personal information which includes details about a worker’s health, injury, and illness and includes the information provided when claiming under the Scheme.
Portal
refers to icare's workers compensation claims portal or policy portal, or other icare portal that you are accessing.
Scheme
refers to the NSW Workers’ Compensation scheme.

Website
refers to this website: https://www.icare.nsw.gov.au/