NSW | Outsourcing claims management is permitted but does not remove the self-insurer’s responsibility to meet SIRA expectations. |
Vic | A self-insurer may appoint a person approved by WorkSafe Victoria to act as the agent to carry out claims management functions — s 392 , Workplace Injury Rehabilitation and Compensation Act 2013 |
Qld | Yes — s 92(4) , Workers’ Compensation and Rehabilitation Act 2003 |
WA | Yes |
SA | Decisions must be made by the self-insurer itself and this cannot be delegated — clause 2.4.3 b of the Code of Conduct. |
Tas | Yes |
NT | Outsourcing claims management is not covered in the legislation for self-insurers, however, would not remove the obligations place on the self-insurer as part of the conditions of their license. All persons managing Northern Territory claims must have completed the NT workers compensation online training program to ensure knowledge and consistency in managing claims. |
ACT | Yes |
C’wealth Comcare | s 108B of the Safety, Rehabilitation and Compensation Act 1988 specifies that a licence may authorise a third party (acting on the licensee’s behalf) to manage claims under the Act. s 108B(4) stipulates that, should a licensee enter into such a contract, it does not come into force unless, and until, the Commission has varied the licence to note the identity of the contracted claims manager. The licence does not cover claims with a date of injury which pre-dates the date of the licence and the licensee must continue to manage these claims as per State/Territory arrangements. However, if the licensee was a premium payer under the SRC Act prior to licence commencement, SRC Act tail claim arrangements may be included in the licence. |
New Zealand | Accredited Employers may, with the consent of ACC, retain third party providers to assist in the management of workplace injuries; this is subject to them maintaining direct personal involvement with the claimant. |