Frequently Asked Questions

WorkSafe Tasmania can assist with:

• Any matters relating to Persons Conducting a Business or Undertaking (PCBU) not meeting their requirements under Tasmanian Work Health and Safety legislation, for example:
• Unsafe work conditions or work environment
• Unsafe work practices (e.g. failure to provide adequate personal protective equipment)
• Inadequate facilities (e.g. toilets, drinking water)
• Unsafe storage or use of plant, substances or structures
• Any matters relating to workers not meeting requirements under Tasmanian Work Health and Safety legislation (e.g. taking care his/her actions do not adversely affect the health and safety of other people).

WorkSafe Tasmania cannot:

• mediate between the workplace parties involved
• provide legal advice (Tasmania Legal Aid can help)
• provide counselling (we can provide information about suitable mental health services such as Lifeline. Call 13 11 14)
• order the employer to discipline a person alleged to be a source of harmful work behaviour, or to terminate their employment
• take sides
• issue an order to stop bullying behaviour or stop sexual harassment (the Fair Work Commission has powers to issue these orders if required)
• provide services that fall outside the scope of the Work Health and Safety Act 2012.
• Decisions made by other regulatory bodies or tribunals, including
  • Environmental Protection Authority
  • Tasmanian Civil and Administrative Tribunal
  • Magistrates or Supreme court
  • Australian Maritime Safety Authority.
• Matters that are part of a formal dispute process, such as conciliation or tribunal proceedings.

WorkSafe Tasmania can conduct enquiries into workers compensation complaints which can include:

• Potential breaches of the Workers Rehabilitation and Compensation Act 1988 by an employer or insurer.
• Employers who do not have a workers compensation policy.
• An employer who does not inform a worker of their right to make a claim for workers compensation following an injury
• An employer who does not provide information needed by a worker to make a workers compensation claim.
• An employer taking too long to complete a workers compensation claim form and give it to their insurer.
• Workers on a workers compensation claim not receiving correct entitlements or expense reimbursements.
• An employer or insurer misrepresenting a workers compensation claim.
• Unsatisfactory communication from an employer or insurer.
• Quality of service provided by Rehabilitation Service Providers or Medical Practitioners.
• Insurer failing to meet their obligations relating to settlement of a Workers Compensation claim.
• Employers not providing appropriate light duties in return-to-work scenarios
• Employers not holding an employee’s position open for 12 months.
• An insurer taking too long or not proceeding with medical treatment.

Some of these complaints are enquired into on behalf of the WorkCover Board.

Complaints received and addressed to the WorkCover Board Tasmania, may relate to:

• The conduct of employers or licensed insurers in relation to workers compensation matters.
• The conduct of self-insurers in relation to workers compensation matters.
• The actions of individuals accredited by the Board under the Workers Rehabilitation and Compensation Act 1988 (e.g. medical practitioners and rehabilitation providers).
• Feedback about how the Tasmanian workers compensation scheme or the Act operates.
• Concerns about the accuracy, clarity, or timeliness of information provided by the Board or WorkSafe Tasmania.
• Concerns about the conduct of Board members or WorkSafe Tasmania staff that may appear unprofessional or inappropriate.

The WorkCover Board Tasmania does not enquire into:

• Complaints about workers compensation claim decisions, which must be referred to the Tasmanian Civil and Administrative Tribunal (TASCAT).
• Allegations of corruption, criminal conduct, or serious misconduct, which must be referred to the appropriate authority.
• Allegations involving serious misconduct, corruption, or unlawful activity that may qualify for protection under whistleblower legislation. In this instance, reference should be made to the Department of Justice’s Whistleblower Policy.

If a complaint involves a possible breach of the Workers Rehabilitation and Compensation Act 1988, the Board will forward the matter to WorkSafe Tasmania for investigation in line with its procedures.

If a complaint falls outside the Board’s responsibilities, the Board will assist where possible by referring the complainant to the correct authority or complaint body.

1. Submit your complaint to WorkSafe online, by telephone, email or post - Our Centralised Complaints Service (WorkSafe Helpline) will let you know when it has received your complaint. The Service will assess your concerns, regularly communicate with you to ensure you understand what's happening and strive to resolve your complaint as soon as possible.

2. Escalation - If our WorkSafe Helpline is unable to resolve your complaint, they will refer your complaint to a specialist in WorkSafe or provide advice on which organisation can help you with the matter. (If your complaint is lodged into WorkSafe Tasmania’s complaint system you will be contacted with reference number)

3. Resolution - We will assess all aspects of your complaint to ensure your concerns have been addressed, you have been consulted, and you receive a resolution outcome to your complaint. Depending on the complexity of the situation a complaint relates, the process can take several months, or in rare circumstances, years to complete.

4. Senior Review - If you're dissatisfied with the complaint handling process or the outcome provided, you can request a review by a senior WorkSafe Tasmania officer.

5. Referral to external complaint management bodies - If you're dissatisfied with the process or outcome of the Senior Review, we will advise you of any external referral options available, such as the Ombudsman Office.

WorkSafe Tasmania is committed to providing safe, fair and high-quality services to all Tasmanians. We welcome feedback and complaints as a valuable way to improve how we work and how we serve the community.

Worker Assist Tasmania provides free, independent and confidential advice and support to help you or a loved one understand the workers’ compensation process, your rights and responsibilities and the options available to you. We recommend contacting Worker Assist Tasmania as early as possible, particularly if you have concerns about your claim.

They can help if you

• Don’t understand the process
  • Are unsure what to do next
  • Are having difficulties dealing with your insurer, employer or even GP
  • Need help understanding letters, email, tribunal documents or decisions
  • Need help completing a workers' compensation lodgement form

How to contact Worker Assist Tasmania:

• Website www.workerassist.org.au
• Online enquiry: Through our website
• Phone: (03) 62167677
• Email: workerassist@workerassist.org.au