In a recent decision, the Queensland Court of Appeal has
upheld a narrow interpretation of section 279 of the
Workers' Compensation and Rehabilitation Act 2003
(Qld) restricting the scope of information required to be provided
under that section.
Section 279 imposes a duty upon parties to cooperate in relation
to a claim by providing documents and information about the
circumstances of the incident and the claimant's injuries.
In Healy v Logan City Council  QCA 314, the
claimant's solicitors requested an extensive list of
information and documents from the insurer pursuant to section 279.
Some of the requests did not relate to the circumstances of the
incident or the claimant's injuries. For example, requests were
made in relation to prior incidents.
The claimant's solicitors argued that the duty to provide
information under section 279 imposed a general obligation to
provide any information requested by the claimant.
The Court of Appeal disagreed with the claimant's
submissions. Instead, the Court considered the language of section
279 and determined the duty to disclose information under that
section was limited to the topics outlined in the section.
Specifically, the information or documentation sought must relate
to the circumstances of the incident or the worker's
This decision confirms that parties do not need to respond to
requests for information that fall outside of this interpretation
of section 279.
Cooper Grace Ward is a leading Australian law firm based in
This publication is for information only and is not legal
advice. You should obtain advice that is specific to your
circumstances and not rely on this publication as legal advice. If
there are any issues you would like us to advise you on arising
from this publication, please contact Cooper Grace Ward
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