Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 284

284 Nondisclosure of certain material

(1) A party is not obliged to disclose information or a document if the information or document is protected by legal professional privilege.

(2) However, the following must be disclosed even though otherwise protected by legal professional privilege—

(a) investigative reports;

(b) medical reports;

(c) reports relevant to the worker’s rehabilitation;

(d) relevant documents mentioned in section 279 , other than correspondence between a party and the party’s lawyer.

(3) If an insurer or a contributor has reasonable grounds to suspect a claimant of fraud, the insurer or contributor may withhold from disclosure information, or omit a document or a passage from a document, that—

(a) would alert the claimant to the suspicion; or

(b) could help further the fraud; or

(c) the insurer or contributor believes would meet the requirements of the Right to Information Act 2009 , schedule 3 .

(4) Subsection (3) applies even if the information or document would, if the subsection did not apply, have to be disclosed under subsection (2) .

(5) Also, WorkCover or an employer is not obliged to disclose the estimate of damages calculated by WorkCover for the purpose of premium setting under chapter 2 , part 3 .