Outsourcing allowed

New South Wales

Outsourcing claims management is permitted but does not remove the self-insurer’s responsibility to meet SIRA expectations.

Victoria

A self-insurer may appoint a person approved by WorkSafe Victoria to act as the agent to carry out claims management functions — s392, of the Workplace Injury Rehabilitation and Compensation Act 2013.

Queensland

Yes — s92(4), of the Workers’ Compensation and Rehabilitation Act 2003.

Western Australia

Yes

South Australia

Decisions must be made by the self-insurer itself and this cannot be delegated — clause 2.4.3 b of the Code of Conduct.

Tasmania

Yes

Northern Territory

Not covered in legislation.

Australian Capital Territory

Yes

C’wealth Comcare

Section 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. Section 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

Although accredited employers may, with the consent of the Manager, retain third party providers to assist in the management of workplace injuries this is subject to them maintaining direct personal involvement with the claimant.