Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 576

576 Information not actionable

(1) This section applies to an action for defamation, or a proceeding for other redress, about the disclosure of information in the possession of the Regulator or an insurer, or traceable to that possession.

(2) Action can not be brought against the Regulator or the insurer, or a person acting for any of them, by a person claiming to be aggrieved about the disclosure in relation to—

(a) a claimant’s physical or mental condition; or

(b) a claimant’s capacity or incapacity for work; or

(c) the credibility of any of the following—

(i) an employer;

(ii) an insurer;

(iii) a claimant;

(iv) a contributor;

(v) another person involved in the claim, if the disclosure is relevant to the claim.

(3) Subsections (1) and (2) apply to—

(a) information in the possession of WorkCover only to the extent the information came into WorkCover’s possession—

(i) under its powers and functions under the Act ; or

(ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) ; and

(b) information in the possession of a self-insurer only to the extent the information came into the self-insurer’s possession—

(i) under its powers and functions under section 92 or 92A ; or

(ii) because of a disclosure by the Regulator under section 573 (3A) or an insurer under section 573 (4) .

(4) In this section—

"claimant" means a person for whose injury, or purported injury, compensation or damages is sought, is being paid or has been paid.

"information" includes opinion and comment.