The Workers Rehabilitation and Compensation Act 1988 requires that, where a worker has attended an independent medical review, the report from that review be released to that worker’s GP (s 90B(3)).
Releasing a report under s 90B(3) does not waive legal professional privilege in respect of an independent medical expert’s report (V v Caterpillar Underground Mining [2015] TASWRCT 44). It is, however, important to ensure that any such report is not later disclosed or used in a manner that is inconsistent with maintaining privilege.
Where a report has been released under s 90B(3) and legal professional privilege has not been waived, it is important for workers, employers, and insurers to avoid the following:
- Including the report in a bundle of GP records that are filed with the Tribunal.
- Including a summary of the report in an expert report filed with the Tribunal.
For employers and insurers, it is also important to take steps to maintain privilege over a report as soon as possible once it becomes known that it has been released outside of the requirements of s 90B(3). In practical terms that typically includes asking the Tribunal to delete the report from its file and asking a worker’s solicitor to amend and re-file Tribunal proceedings without any reference to or reliance upon the report.
