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SafeWork policy document register

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 (GIPA ACT)

In August 2015, the NSW Parliament passed laws that created three new NSW Government entities to help manage insurance schemes in NSW:

  • State Insurance Regulatory Authority (SIRA) takes over:
    • WorkCover’s regulatory functions in relation to workers compensation
    • Motor Accidents Authority (MAA) functions in relation to motor accidents insurance regulation
    • regulation of the Home Building Compensation scheme.
  • SafeWork NSW takes over WorkCover’s work health and safety regulatory functions, and
  • Insurance and Care NSW (icare) acts for the Workers Compensation Nominal Insurer and provides services to Dust Diseases Authority, Lifetime Care and Support Authority, Sporting Injuries Compensation Authority and NSW Self Insurance Corporation (SICorp).

These new laws came into effect on 1 September 2015.

SIRA, along with SafeWork NSW, falls under the Better Regulation Division of Department of Finance, Services and Innovation (DFSI), and reports to the Minister for Better Regulation and Innovation. icare reports directly to the Minister for Finance, Services and Property.

On July 2010 the new Government Information (Public Access) Act 2009 (GIPA Act) replaced the Freedom of Information Act (1989). The new GIPA Act promotes openness, accountability and transparency and provides for government agencies to be more proactive in the provision of information to the public.

The GIPA Act requires:

  • every NSW agency to make certain information publicly available
  • provides a legal right of access for the public to obtain information held by government agencies (subject to certain grounds for refusal)
  • provides the main instrument through which the public can apply to access government held documents, where those documents are not already made publicly available.

The GIPA Act provides four ways for government information to be released:

  • Open access (mandatory) release
  • Proactive release
  • Informal release
  • Formal access release.

Open access (mandatory release)

Open access (mandatory release) requires agencies to disclose certain information, unless there is an overriding public interest against disclosure. Open access information includes:

  • A publication guide with information about an agencies structure and functions.
  • An agencies policy documents.
  • A disclosure log of information of general interest to the public that has been released under formal access applications.
  • A register of contracts with a value of more than $150,000 that an agency has with private sector entities.
  • Information in documents tabled in Parliament by, or on behalf of, an agency (other than any document tabled by order of either House of Parliament).
  • A record of information (if any) that the agency will not make publicly available on the basis of an overriding public interest against disclosure.
  • A list of an agencies major assets, service standards and code of conduct.

Proactive release

Agencies are authorised under the GIPA Act to release as much information as possible, free of charge or at the lowest possible cost. This is referred to as proactive release.

Information release

Members of the public may also contact an agency and informally request information that is not currently available on an agencies website or by other means. This is known as informal release. Agencies may release information informally subject to reasonable conditions.

Formal access

If information cannot be accessed through any of the above means, the fourth form of access is through a formal access application (Part 4 of the GIPA Act). This is considered a last resort and only necessary if the request is for a large volume of information, access involves an extensive search or personal or business information is about third parties who need to be consulted first.

INFORMATION AND PRIVACY COMMISSION NEW SOUTH WALES

The Information and Privacy Commission of NSW (IPC) works with state and local government agencies to assist them in complying with the GIPA Act. The IPC website features a comprehensive library of information, advice, templates and presentations to assist agencies and members of the public in understanding the right to information system.

The website supports both those seeking information and those providing information. The website also provides regular updates on activities such as training, reviews conducted, complaints lodged and decisions made.

The OIC can be contacted on free call 1800 IPC NSW (1800 472 679) or at Level 11, 1 Castlereagh Street, Sydney or via email: ipcinfo@ipc.nsw.gov.au. The IPC’s web address is www.ipc.nsw.gov.au.

WHAT INFORMATION CAN BE ACCESSED?

SafeWork is committed to the GIPA Act. The GIPA Act promotes openness, fairness, accountability and transparency. SafeWork holds these values in high regard and our policy is to be transparent and encourage the public’s right to access most of the information held by SafeWork provided it does not infringe privacy laws or any other laws or may be detrimental to any person.

HOW TO ACCESS INFORMATION

Informal requests

Informal requests for information that is not publicly available on the SafeWork website phone 13 10 50, email: gipa@safework.nsw.gov.au or  by post:

Right to Information Unit, SafeWork NSW

Locked Bag 2906

LISAROW NSW 2252.

Formal requests

Section 41 of the GIPA Act provides for formal applications to:

  • be in writing (GIPA Application Form)
  • state that it is made under the Government Information (Public Access) Act 2009 (NSW)
  • have an Australian postal address for return correspondence
  • provide enough details to help WorkCover NSW identify the information you seek and;
  • be accompanied by an application fee of $30.

A formal written application can be mailed, together with the appropriate fee to, Right to Information Unit, SafeWork, Locked Bag 2906, LISAROW NSW 2252

Note: SafeWork can refuse a request for information if there is an overriding public interest against disclosure or if searching for the requested information would require unreasonable and substantial diversion of its resources. Any decision to withhold or release the documents is appealable by either the applicant or third parties (i.e. other parties involved in the documents).

RIGHT OF REVIEW

You have the right to request a review of a decision regarding the release of information if you disagree with any of the following agency decisions as set out under the GIPA Act. Further information on right of review is available from the IPC: www.ipc.nsw.gov.au.

SAFEWORK POLICY DOCUMENTS UNDER THE GIPA ACT

SafeWork have a large number of corporate policies under which it operates. SafeWork policies relate to internal and external operational procedures and protocols. Some relate directly with the practices that affect members of the public. Below is a list of policy documents held  by SafeWork.

To access a copy of any of these documents please call the Customer Service Centre on 13 10 50 to have a copy of the document provided to you or email the Right to Information Unit directly gipa@safework.nsw.gov.au

Department of Finance, Services and Innovation

  • Department of Finance, Services and Innovation (DFSI) Documents
  • Documents name
  • Accommodation Listing Procedure
  • International Travel Allowance Rates
  • Meal, travelling and other allowances
  • Senior Officials Travel Allowance and Rates
  • ABN and Australian Business Register Procedure
  • Fixed Asset Retirement Form
  • Fixed Asset Transfer Form
  • Fixed Assets Receipt Form
  • Procurement Toolkit - Templates and Guidelines Procedure; Guideline
  • Travel Compensation Diary (required for all claim types)
  • Procurement Request Policy
  • Annual Travel Pass Scheme
  • Cabcharge Usage
  • Overseas Travel Policy
  • Delegations Authority Administrative and Financial Policy
  • Workers Compensation Legislation - Functional and Financial Delegations Policy
  • Functional Delegations - OHS Explosives Act & Regulation
  • Instrument of Authorisation under S243 of the WHS Act 2011
  • WHS Functional Delegations
  • Accounts Payable Policy
  • Accounts Receivable Policy
  • CASD Business Rules for Budgeting Policy
  • CASD General Finance Procedures Policy
  • Chart of Accounts Policy
  • Corporate Hospitality and Entertainment Policy
  • Credit Card Policy
  • Credit Policy
  • Disposal of Non-Current Assets and Portable and Attractive Items
  • Non-Current Assets Policy
  • Portable and Attractive Items Policy
  • Procurement Policy
  • Overpayments Policy

Facilities and Support

  • Family Room Policy March 2009 Policy
  • Hot Desk Policy
  • Procedure for reporting the Theft, Loss or Damage of Property or Equipment Procedure
  • Motor Vehicle Allowance Policy
  • Motor Vehicle Policy & Procedures Policy
  • Vehicle Ergonomic Assessment Policy  Procedures

Corporate Governance

  • SRWSD Business continuity plan
  • Conflict of Interest Policy
  • SRWSD Fraud Corruption Prevention Policy
  • SRWSD Internal Reporting Policy
  • SRWSD Internal Reporting Policy Fact Sheet
  • Risk Management Policy

Information Services

  • Acceptable Usage of Electronic Communication Devices and Services - Amendment of CASD (sic) IT Policy
  • Acceptable Usage Of Electronic Communication Devices And Services Policy
  • Access Control Policy
  • Mobile Computing Policy
  • External Release of Data - Internal Policy
  • Future Proof: Ensuring the accessibility of equipment/technology dependent records Policy
  • Information Classification and Handling Policy
  • Policy Development Framework Policy
  • Policy Recordkeeping - Policy Principles Policy
  • Processing External Data Requests - Internal Procedure
  • IMB Mobile Phones Policy and Guidelines Policy
  • Mobile Phone and Landline Charges Policy
  • Tool of Trade Mobile Phone Policy

People and Culture

  • Code of Ethics and Conduct
  • OHS Policy
  • Passive Smoking
  • Dignity and respect in the workplace charter
  • First Aid Policy
  • Work health safety policy
  • Risk Management Policy
  • Fit for work guide
  • Return to work policy
  • WHS Risk Management policy and procedures
  • Managing unsatisfactory performance – fastrac
  • Safe driving policy
  • Corruption Prevention – Fastrac
  • Managing the risk of workplace bullying
  • Grievance and dispute resolution policy
  • Fraud and corruption policy
  • Leave policy
  • Purchased leave policy
  • Working from home policy

SafeWork NSW

  • Functional Delegations: Occupational Health and Safety - Explosives Act and Regulation Policy
  • Instrument of Authorisation under Section 243 of the Work Health and Safety Act 2011 Policy
  • Work Health Safety Functional Delegations Policy
  • Conduct onsite risk assessment including Asbestos - Procedure
  • Critical Incident Guidelines - Managing Workplace Violence Policy
  • Critical Incident Support Program (CISP) Policy
  • Employee Assistance Program Policy
  • First Aid Policy
  • Health Surveillance - Policy
  • Hydra-Procedures Policy Procedure
  • Non-Smoking Policy
  • OHS Consultation Statement Policy
  • OHS Policy
  • OHS Responsibilities Policy
  • OHS Strategic Plan Policy
  • Prescription Safety Glasses Policy
  • Return to Work Program Policy
  • Safety Footwear Procedure Form
  • WorkCover Approved Service Provider Policy and Procedures Framework
    • Assessors Accreditation Manual
  • Conditions for conducting high risk work assessments in NSW
    • Administration Guidelines for RTOs Delivering Construction Induction
  • Guidelines (Incorporating the National Compliance and Enforcement Policy)
  • National Self-Insurer OHS Audit Tool WorkCover NSW – User Guide and Workbook
  • Coordinator Resource Guide
  • Team coordinator allocation and actions for first response incidents
  • Team coordinator or district coordinator review of first response incidents
  • Team coordinator-district coordinator allocation and review of advisory visits
  • Team coordinator-district coordinator review of requests for service
  • Seizure and management of exhibits
  • Investigation- compiling a brief of evidence at completion of full investigation
  • Conducting Interviews
  • Electronic brief of evidence
  • Procedure - EMP
  • Factual inspection and report
  • Inspector's statement
  • Inspectors summary and recommendation
  • interviews audio recorded
  • Photographs- capturing and storing
  • Warnings
  • Obtaining a coroners report or death certificate
  • Preparing a report for coroner
  • Responding to coronial recommendations directed to WorkCover
  • Legal Professional Privilege
  • Letters of warning
  • Police, obtaining information from the Police
  • Referral of matters to the investigation decision making panel
  • Inspector duty phone procedure
  • Conflicts of interest
  • Workers compensation policy check
  • Advisory visit flowchart
  • Confidentiality of information procedure
  • Incident response flowchart
  • Request for service response flowchart
  • Advisory visits- conducting advisory visits
  • Entry to workplace and related powers
  • First field response - Category 1 and 2 incidents
  • Guiding principles for conducting workplace interactions
  • Incident Response - field first response category 3
  • Incident response- Non field first response
  • Interpreters and Translators
  • RFS response- conducting a field first response
  • RFS response- non field first response
  • Work health and safety when undertaking field activities
  • Inspector notebooks
  • Presentation or workshop flowchart
  • Conducting a presentation or workshop to external stakeholders
  • Inspection report
  • Incident response- Inspector's report
  • RFS response- Inspector's report
  • Referral of matters to Compliance Branch from WHSD
  • Referral of matters to WHSD from Compliance Branch
  • Fire and Rescue NSW - exchange of information
  • Notices and Directions- Issuing a prohibition notice
  • Injunctions
  • Notices and Directions- Issuing a improvement notice
  • Notices and Directions- Issuing a penalty notice
  • Achieving Compliance through notices and agreed actions procedure
  • Discretionary decision making
  • Notices and Directions- Issuing a explosive direction
  • Notices and Directions- Issuing a s155 notice
  • Notices and Directions- Issuing a s161 notice
  • Notices and Directions - Issuing a Section 163A request for certificate of currencyx
  • Notices and Directions- Issuing a s163B stop work order
  • s171 notice to produce documents
  • Notices and Directions- Issuing a s174(5)a order
  • Notices and Directions- Issuing a s174(5)b order
  • Notices and Directions- Issuing a s174(5)c order
  • Issuing a Section 183 notice
  • Issuing a section 198 notice
  • Notices and Directions- Remedial actions and issuing a s211 notice
  • Notices and Directions- Issuing a s238AA notice
  • Obtaining health information
  • Cessation of unsafe work
  • Consultation
  • Work Groups- assist with resolving determination of workgroups
  • Health and Safety Committees- assist with resolving disputes over constitution of health and safety committees
  • Issue resolution
  • Notices and Directions- Issuing a employer improvement notice
  • Refusal of access to person assisting health and safety representative
  • Provisional Improvement notice-request for review of a provisional improvement notice
  • Entry Permit Holders- assist work health and safety entry permit holders to enter the site
  • Asbestos and Hazardous Chemical- attending sites where exposure to asbestos or hazardous chemicals may be possible
  • Licences- immediate suspension of a licence to perform high risk work
  • Licences- treatment of unauthorised and unsupported (fraudulent) authorisation activity
  • Return to Work Procedure for Inspector Intervention
  • Governance review procedure
  • Achieving Compliance through notices and agreed actions policy
  • Capability policy
  • Compliance policy
  • Consultation at work policy
  • Customer service policy
  • Discretionary decision making policy
  • Evidence based decision making policy
  • Governance review policy
  • Information policy
  • Information, advice, education and assistance policy
  • Investigations policy
  • Prevention policy
  • Inspector duty phone policy
  • Investigation Decision making policy

Customer Service Centre

  • Compliments & Complaints Handling Policy & Procedures Policy

ADDITIONAL INFORMATION

Should you require a document that is not listed on the above table of documents or in the existing forms and publications of SafeWork or SIRA websites, please phone 13 10 50.

Disclosure log

All formal access applications which are of interest to members of the public will be published in this disclosure log and will provide information on the response of SafeWork or SIRA  to the applicant. The disclosure log is currently under review and will be released soon.

Record of Information not disclosed

SafeWork and SIRA are yet to decide about open access information that may not be disclosed due to an overriding public interest This information will be published on the SafeWork or SIRA website once it is made available.