SIRA updates surveillance rules for NSW workers' compensation insurers

Move guides insurers on surveillance use in claims management

SIRA updates surveillance rules for NSW workers' compensation insurers

Workers Compensation

By Roxanne Libatique

The State Insurance Regulatory Authority (SIRA) has updated its surveillance Standard of Practice (SoP) for the New South Wales workers’ compensation scheme, setting out guidance for insurers on when and how surveillance may be used in claims management.

The surveillance SoP forms part of SIRA’s framework of standards, regulatory instruments, and supervision and compliance activities that set expectations for workers’ compensation insurers. These instruments outline how insurers are expected to manage claims involving workers, families, carers, employers, and other scheme participants.

SIRA undertook an initial review of the surveillance standard after recent inquiries identified areas where expectations needed clarification. Following that review, SIRA has amended the standard published on its website. The regulator describes the update as a first step in clarifying its expectations for insurers about surveillance and its role within the NSW workers’ compensation scheme.

Surveillance updates clarify expectations for insurers

The revised standard states that any surveillance activity must be conducted in a lawful and ethical manner and that it should only be directed toward a worker who is under investigation. It notes that surveillance is to be targeted so as to avoid identifying other individuals unnecessarily, and that any material obtained must be shared securely and only with third parties who have a defined role in the claim. The standard also indicates that additional care is expected where the worker has a psychological injury, with insurers urged to exercise particular caution when deciding whether surveillance is appropriate in those cases.

A full review of all SIRA SoPs is scheduled for 2026. That process is expected to include broad consultation with insurers, employer groups, worker representatives, and other stakeholders, with the aim of assessing whether the standards continue to meet scheme requirements.

Annual report highlights scheme interventions

The surveillance update follows the release of SIRA’s 2024-25 annual report, which outlines regulatory activity across the workers’ compensation, compulsory third party (CTP), and home building compensation (HBC) schemes. Those schemes together provide statutory cover for more than 10 million people in New South Wales each year. In the report, SIRA sets out its regulatory activities across injured workers, road users, and homeowners, and its oversight of insurer conduct and scheme performance within its statutory remit. The document also records the transition from the SIRA 2025 program to a new three‑year strategy, SIRA 2028, which will set the regulator’s priorities through to 2028.

Over the reporting period, SIRA says it continued to apply a risk‑based regulatory model, reported expansion of its digital channels, and made changes to customer‑facing processes for scheme participants. SIRA’s support systems handled more than 15,000 customer interactions, covering enquiries and complaints related to workers’ compensation, CTP, and HBC.

SIRA 2028 sets goals for engagement with insurers

SIRA’s three‑year strategy, SIRA 2028, identifies five goals that will shape its engagement with insurers, scheme agents, employers, builders, and other regulated entities. The goals are:

  • Putting customers at the centre 
  • High performing people and operations 
  • Holding regulated entities to account 
  • Strengthening the regulatory environment 
  • Enhancing data and digital capability

In the strategy, SIRA says SIRA 2028 is an evolution of its existing regulatory model, intended to respond to developments in claims experience, market structures, and stakeholder expectations while maintaining a focus on scheme users.

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