Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4:

1. This is an application by Ms Bindu Kumari ("the Applicant") for review of a decision by Insurance and Care NSW ("the Respondent or icare") under the Government Information (Public Access) Act 2009 ("the GIPA Act").

Background

2 Evidence provided by the Respondent explains that icare is a NSW Government agency that provides insurance and care services to statutory authorities and persons with injuries under various compensation schemes. The functions of icare include:

a) to act for the Workers Compensation Nominal Insurer established under section 154A of the Workers Compensation Act 1987; and

b) to provide services (including staff and facilities) for any relevant authority, or for any other person or body, in relation to any insurance or compensation scheme administered or provided by the relevant authority or that other person or body.

3. One relevant authority to which icare provides services is the NSW Self-Insurance Corporation ("SiCorp"), which administers the Treasury Managed Fund ("TMF"). The TMF is a self-insurance scheme created by the NSW government in respect of NSW government agency risk.

4. Allianz Australia Insurance Ltd ("Allianz") has been appointed to provide insurance services and claims management services on behalf of icare and SiCorp for workers compensation claims of government employees which are covered by the TMF.

5. In 2022, the Applicant lodged a workers compensation claim against her employer, NSW Treasury. The claim is managed by Allianz.

6. In July 2024, the Respondent received an access application under the GIPA Act on behalf of the Applicant. The access application related to the management of her workers compensation claim. The access application requested the following:

1. Please provide a copy of the factual investigation report initiated or facilitated or conducted by Allianz Australia Insurance Ltd, for which the statement was taken by Investigator in June 2022.

2. Please provide details of all investigations that were initiated, facilitated, or conducted by Allianz with respect to Ms Kumari's claim.

3. Please provide details of all surveillance initiated, facilitated, or contributed by Allianz, including the reports.

4. Please provide the contract between Insurance and Care NSW and Allianz Australia Workers' Compensation (NSW) Limited for the provision of Nominal Insurer Workers Compensation Claims and Injury Management Services, which has been in effect since 2021.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198632c6be6f3d74d114bbf1)

Disclaimer: Curated by HT Syndication.