The current unprecedented events in managing and responding to the COVID-19 in New South Wales (NSW) has required all NSW agencies to review and consider their business continuity arrangements. These events are being managed in a number of ways, for example, staff working flexibly or in being redirected to alternative duties to provide essential services.
This may impact on the ability of agencies to meet the timeframes prescribed under the Government Information (Public Access) Act 2009 (GIPA Act) for making access application decisions and or in responding to a complaint under the Government Information (Information Commissioner) Act 2009 (GIIC Act) or in dealing with an application for information under the Privacy and Personal Information Protection Act 1998 (PPIP Act) or Health Records and Information Privacy Protection Act 2002 (HRIP Act).
icare remains committed to providing access to Government information and the preservation of the right to access Government information. At this time, we ask that you submit any applications via the email address below and we will respond likewise. However, there may be instances where icare may be required to seek an extension under section 57(4) of the GIPA Act. icare will liaise directly with individuals on a case-by-case basis in these circumstances.
The Information and Privacy Commission (IPC) has released information regarding applicants rights under information access and privacy legislation on the link below.
What is the GIPA Act?The Government Information (Public Access) Act 2009 (GIPA Act) gives you the right to access government information you ask for, unless there is an overriding public interest against release.
What is government information?
Government information is any record held by an agency, a private sector entity or the State Records Authority to which the agency has an immediate right of access, or a record that is in the possession or under the control of a person in his or her capacity as an officer of the agency. A record means any document or other source of information compiled, recorded or stored in written form or by electronic process, or in any other manner or by any other means.
At Insurance & Care NSW (icare) we deliver on the State’s insurance and care schemes.
The following agencies are part of icare:
- Insurance for NSW
- Workers Insurance
- Lifetime Care
- Sporting Injuries Insurance
- Dust Diseases Care
As the largest general insurance service provider in Australia, we deal with lots of documents. Most of our documents are about providing our core services of:
- Workers compensation insurance for injured workers
- Lifetime care for those severely injured in motor accidents
- Dust diseases care
- State self-insurance
- Home building insurance
You can learn more about the free information on our website by viewing the open access information section below. You can also search the website for information already available to the public.
If you want more specific information that isn’t published on our website, you may lodge a formal access application to us. More information about this process can be found below.
Open access information
Information classified as open access information is information which icare must make publicly available, unless it is not in the public interest to do so. What constitutes open access information is outlined in section 18 of the GIPA Act.
icare's open access information includes:
- icare's Agency Information Guide
- Documents tabled to the NSW Parliament for example, icare's Annual Report
- icare's Disclosure Log of access applications (see below)
- icare's policy documents, which are currently being reviewed in preparation to be uploaded or moved to this site from other publicly available locations. Examples already available at other locations on our website are linked here:
- Register of icare government contracts awarded (see below)
- Records of open access information not made publicly available due to an overriding public interest against disclosure will also be uploaded as part of the implementation of the Proactive Release Strategy (PRS).
icare aims to assist the public by providing access to the information it holds unless there is an overriding public interest against disclosing this information.
Information icare authorises for proactive release will be located on this Right to Information webpage. The information icare has already released to the public is currently located at different locations on our public website and we are working to move them across to this page.
For example, each month icare releases to the public a high-level summary of the boards recent discussions. This is available towards the bottom of icare's, Our Board, under the heading, 'Board Communique'.
icare is currently in the process of drafting a PRS and working through the necessary arrangements to upload further proactive release documentation and links to the Right to Information webpage.
The PRS will include procedures for embedding into the icare policy and other document approval processes a requirement to make a decision regarding the release of the document to the public. This decision is to be made by or with the authority of the CEO, taking into account the relevant public interests in favour of disclosure and any overriding public interest against disclosure.
Where there is an overriding public interest against disclosure for some of the content in a document being considered for release to the public, icare may delete that content to facilitate the disclosure.
The Right to Information webpage will be updated with this PRS once it has been formally approved and icare must annually review the PRS to confirm that the proactive release process is working sufficiently to identify any government information icare holds that should be made publicly available.
In line with GIPA Act requirements, icare maintains a register of government contracts (Contracts Register) containing information for all contracts with the private sector that have a value of $150,000 or more.
The Contracts Register is considered open access information under the GIPA Act and is required to be made publicly available. icare's Contracts Register is publicly accessible and free of charge on the NSW Government eTendering website.
icare's Contracts Register can be accessed by visiting the NSW Government eTendering Contracts Register Search page and:
- going to 'Agency' under the 'Advanced Search' section;
- selecting 'Select an Agency'; and
- in the 'Please select' dropdown, typing 'icare' or scrolling down and selecting 'Insurance and Care NSW (icare)'.
Requirements of the Contracts Register
Contract information is entered into our Contracts Register within 45 days after the contract becomes effective.
The Contracts Register captures contract information from three classes, each with different information requirements under the GIPA Act:
Class 1 contractsContracts that have a value of $150,000 or more.
Class 2 contractsContracts that have a value over $150,000 and fall into any of the following categories:
- there has not been a tender process, the proposed contract has not been made publicly available and the terms and conditions of the contract have been negotiated directly with the contractor
- the proposed contract has been the subject of a tendering process and the terms and conditions of the contract have been substantially negotiated with the successful tenderer
- the obligations of one or more parties under the contract to maintain or operate infrastructure or assets could continue for 10 years or more the contract involves a privately-financed project as defined by guidelines published by the Treasury (as in force from time to time)
- the contract involves a transfer of a significant asset of the agency concerned to another party to the contract in exchange for the transfer of an asset to the agency.
Class 3 contractsContracts that have a value of $5 million or more. Copies of all Class 3 contracts are included in our Contracts Register.
For further information about our open access information please contact our GIPA Officer at email@example.com.
We update our Disclosure Log each quarter. It lists information we've released in response to formal access applications under the GIPA Act that may be of interest to the public.
You can access this information without formal application by contacting the GIPA Officer via email firstname.lastname@example.org.
How to apply for information
Specific information can be requested, with information to be potentially released without the need for a formal application, unless it is determined one is required.
If you need to make a formal request for information, please complete the following form:
Send your completed form along with the $30 application fee (cheque or money order payable to icare) to:
Government Information (Public Access) Officer
GPO Box 4052 Sydney
Please contact the GIPA Officer via email email@example.com if you have any questions about lodging an application.
We'll notify you of a decision about your application in 20 working days, unless you agree to extend the time. We may extend the processing time if we need to consult with a third party or access records from archives.
To ensure you get the information you need, please be as specific as possible. For example, if you know the date or title of the document, claim number, participant number, date of injury, employers name, scheme agent you want, include this information on your application form.
Right to review
You have the right to request a review of certain decisions we make about the release of information.
The application fee to have a decision reviewed is $40 except where the review arises because the application was not decided within time or the review is recommended by the Information Commissioner.
There is no additional processing charge for reviews of decisions.
To request a review of a decision, complete the following form:
Find out more about your review rights from the Information and Privacy Commission website.