Register of Directed Service Providers Policy

1. Introduction

The State Insurance Regulatory Authority (SIRA) is the independent regulator of the workers compensation, compulsory third party and home building compensation insurance schemes in New South Wales. SIRA works to ensure the schemes are fair, affordable and effective for policy holders, and for people who make a claim for compensation. SIRA’s regulatory functions and objectives are set out in the State Insurance and Care Governance Act 2015 (SICG Act).

SIRA has regulatory powers under Division 3 of Part 3 of the SICG Act regarding the provision of relevant services¹ (generally health or related services) by relevant service providers² (RSPs) provided under the workers compensation (WC) and motor accident (MA) legislation.

A RSP is required to comply with applicable provisions in the SICG Act, WC and MA legislation and the regulations and guidelines made under the relevant legislation.

To address non-compliance, under section 26D of the SICG Act, SIRA may give a written direction requiring a RSP:

• to take specified action, or provide specified information, concerning specified relevant services (s26D(1)(a))
• to provide specified relevant services in a specified way (s26D(1)(b))
• not to provide specified relevant services (s26D(1)(c))
• not to provide any relevant services (s26D(1)(d)).

Section 26G (1) of the SICG Act provides that SIRA may keep a register of each relevant service provider given a direction under s26D of the SICG Act (the register). Under clause 4E(1)(b) of the State Insurance and Care Governance Regulation 2021 (the Regulation) the register must be made freely available on the SIRA website.

For more details, SIRA's Supervision of Relevant Service Providers: Information for Providers explains how SIRA’s regulatory powers operate in relation to relevant services provided by RSPs.

2. What is the purpose of this policy?

This policy outlines SIRA’s approach to publishing, updating, and making available on its website the register of relevant service providers given directions under section 26D of the SICG Act.

The purpose of this policy is to ensure the transparency of SIRA’s decision making approach for publishing the information of each RSP given a direction under s26D of the SICG Act in accordance with its regulatory powers under section 26G of the SICG Act and clause 4E of the Regulation.

3. What is the purpose of the register?

The register is a list of RSPs who have been given a direction by SIRA under s26D of the SICG Act.

The register enables people with an injury, insurers, legal practitioners, other WC and MA scheme participants, and the public, to be informed about each RSP given a direction under section 26D of the SICG Act. Public access to the register may also assist in reducing the risk of harm to injured people.

4. What circumstances will lead to publication on the register?

An RSP who has been given a direction under s26D of the SICG Act may have their details published on the register.

The letter to the RSP advising that SIRA is giving them a direction will also inform the RSP that SIRA will publish the RSP’s information on the register, unless SIRA considers it appropriate not to include some or all of the information. The RSP may be given the opportunity to make a request for non-publication or omission of certain information on the register within 14 days of the direction being given. Part 5.2 explains how SIRA will determine if it is appropriate to not include some or all information on the register.

SIRA’s decision to give a direction under s26D of the SICG Act will generally follow the process explained in SIRA's Supervision of Relevant Service Providers: Information for Providers, in which SIRA works with RSPs to address non-compliant behaviour and practices. This process provides the RSP reasonable opportunity to avoid a direction and publication of their name on the register, except in cases where there is risk of harm to people with an injury and/or the efficiency and viability of the WC and MA schemes.

5. What information will be included on the register?

Under clause 4E(2) of the Regulation, the register must include the following, unless SIRA considers it appropriate not to include the information:

• the RSP’s name
• the RSP’s ABN and/or Australian Health Practitioner Regulation Agency registration number (if applicable)
• the RSP’s SIRA provider number (if applicable)
• the relevant services provided by the RSP
• information relating to the direction given to the RSP, including:
  • the direction given, and
  • the date the direction came into effect.

Clause 4E(2) of the Regulation does not permit inclusion of any other information.

The table below is an example of the information the register will include, and how it appears on the SIRA website.

^{Example table only.}

Where more than one direction has been given to the same RSP, SIRA will include the details of each different direction in separate entries.

Information will remain on the register while the direction is in force. Once the direction has expired, the entry relating to the matter will be removed from the register within 7 days.

5.1. How will SIRA determine if it is appropriate to not include information on the register?

SIRA’s decision-making about publishing information on the register will comply with administrative law principles. SIRA will:

• comply with applicable legislation
• provide procedural fairness by ensuring:
  • the decision-maker is impartial, and free from actual or apparent bias
  • the RSP receives a fair hearing and adequate notice of the opportunity to respond to any adverse material that could influence the decision, and
  • findings are based on evidence that is relevant and logically capable of supporting the decision.
• act in good faith.

Decisions about what information specified in clause 4E of the Regulation is, or is not, appropriate to publish on the register will be made by SIRA on a case-by-case basis. SIRA’s decision-making may include the following considerations:

• whether publication would present a serious risk to the health, wellbeing or safety of the RSP, their family, or their associates
• any matters raised by the RSP in a request for non-publication or omission of information
• the risk of harm to people with an injury and/or the efficiency and viability of the WC and MA schemes
• whether the public interest in allowing access to the information outweighs any individual interest in not publishing the information
• the severity of the non-compliance, including any previous directions given under s26D of the SICG Act
• if the direction was given because the RSP has been referred to, or is under investigation by a clinical, professional or accreditation body, and the investigation is not yet resolved
• whether publishing the information could influence the effectiveness or outcome of another investigation or matter
• whether a relevant complaints or professional body has decided not to publish certain information relating to the RSP.

SIRA will also consider when the entry on the register will be published on a case-by-case basis.

5.2. Whose name is published - the individual or the employer?

Section 26A of the SICG Act defines a relevant service provider (RSP) as ‘a person, organisation or body providing a relevant service’.

Where the RSP is a person who is given a direction under s26D of the SICG Act, that person’s name may be published on the register. The name of their employer or organisation will not be published.

Where the RSP is an organisation or body who is given a direction under s26D of the SICG Act, the organisation or body’s name may be published on the register. The name of any individual RSP employed by the organisation or body will not be published.

6. Can the register be corrected and updated?

Under section 4E(4) of the Regulation, if a direction is varied or revoked by SIRA or the NSW Civil and Administrative Tribunal (NCAT), SIRA must update the register within 7 days. When the direction is varied or revoked, SIRA will notify the relevant RSP, as well as any other bodies that have been notified (where relevant – see Part 7).

If SIRA becomes aware that the register requires amendment because the information is considered erroneous or misleading, or for other appropriate reasons, SIRA will notify the RSP about the proposed correction and may invite the RSP to provide a response. Following consideration of the RSP’s response, SIRA may make a correction or may decide not to make a correction. SIRA will notify the RSP of the decision.

A RSP may request that SIRA remove or correct information on the register. SIRA will provide information on the register website on how to request corrections or removal. This information will also be provided to the RSP when a direction is given.

7. Who else will be notified about directions?

The register will remain the primary method of communicating that an RSP has been given a direction under s26D of the SICG Act. However, additional forms of communication may also be required, especially in cases where some information may not be published on the register, or not published immediately.

7.1. Will SIRA advise insurers about directions?

It is a condition of an insurer’s licence not to engage or pay a service provider who has been given an exclusion direction (direction under s26D (1)(c) or (d) of the SICG Act) to not provide services (see section 182A of the Workers Compensation Act 1987 and section 9.7A of the Motor Accident Injuries Act 2017). To ensure insurer compliance with this requirement, it is necessary for SIRA to directly notify insurers concerning any direction given to a RSP.

7.2. Will SIRA advise other bodies about directions?

On a case-by-case basis, SIRA may decide it is appropriate to disclose to other bodies, for example, clinical, professional, and/or accreditation bodies, information on the direction given under section 26D of the SICG Act.

7.3. What are SIRA’s obligations under the NSW Privacy legislation?

SIRA has obligations under the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 to protect the privacy of stakeholders including people with an injury, service providers and the public. The SIRA Privacy Management Plan (the Plan) explains how SIRA manages personal or health information under the NSW privacy laws. Any disclosure or communication about a direction given under s26D of the SICG Act is made in compliance with the legislation and the Plan.

Section 26G of the SICG Act provides that SIRA, or a person acting under the direction of SIRA, does not incur liability for anything done, or omitted to be done, in good faith in connection with keeping the register or publishing information contained on the register.

8. Additional notification channels

In accordance with SIRA’s Regulatory Publishing Policy, SIRA may publish information held on the register via any combination of the following publications or channels:

• SIRA website news
• SIRA Bulletin
• SIRA LinkedIn
• Media statement.

The nature of SIRA’s publications or communication will be commensurate with the significance of the circumstances leading to the giving of a direction under section 26D of the SICG Act.

If SIRA elects to revoke a direction, SIRA will publish a notification of its decision to revoke on all channels that the original direction had been published.

References

¹ ‘Relevant service’ is defined in clause 4A of the State Insurance and Care Governance Regulation 2021.

² ‘Relevant service provider’ (RSP) means a person, organisation or body providing a relevant service under the workers compensation and motor accident legislation.