Cumpston and WorkCover Queensland
(2006 F0144, 31 August 2006)
s.11D – application of Freedom of Information Act 1992 (Qld); commercial activities
The applicant sought access to a WorkCover actuarial report of outstanding claims as at 30 June 2005. WorkCover refused access to the report on the initial FOI application and on internal review on the basis that the report was sourced and brought into existence in the course of WorkCover’s “commercial activities” pursuant to s.475 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and therefore, the FOI Act had no application to the report.
Assistant Commissioner Henry found that the report was received by WorkCover to inform the WorkCover Board of matters relating to WorkCover’s commercial insurance business and to prepare WorkCover for likely competition in the future. AC Henry also found that the report was not prepared pursuant to any statutory reporting obligations under the Workers’ Compensation and Rehabilitation Act. Accordingly, AC Henry found that the report was received in the course of WorkCover’s “commercial activities” and affirmed the decision of WorkCover to refuse access to the report on the basis that it was not subject to the FOI Act.