29 October 2020
M.R.M.
[FYI request #13843 email]
Tēnā koe MRM
Your Official Information Act request, reference: GOV-006958
Thank you for your email of 21 September 2020 which was transferred to ACC by the Minister for ACC,
asking for the following information under the Official Information Act 1982 (the Act):
1. The contract / agreement, and/or any other document/s, that provides for government funding
of the review and appeal services as legally required to be rendered under Part 5 of the Accident
Compensation Act 2001, and in this instance by Fairway Resolution Limited.
*** Note that this is not an information request that your office can escape complying with by
claiming in response that Fairway Resolution Limited must provide me with the requested
information, and that you have therefore transferred it to them. Notwithstanding that it is public
knowledge that Fairway Resolution Limited is no longer legally required to comply with the
Official Information Act, the contract / agreement, and/or any other document/s, has two
parties to it and I am specifically directing this request to your office because not only would the
contract / agreement, and/or any other document/s have been instigated and produced by your
office, but, your office - as the primary partner - is subject to the provisions of the Official
Information Act and therefore legally required to provide me with the requested information.
2. An example of the template document that the ACC - again, not Fairway Resolution Limited - is
legally required (under Section 136 of the Accident Compensation Act 2001) to provide to
claimants who have submitted a review application, and, which must a) acknowledge when the
review application was received by the ACC, and b) contain an explanation of the effect of
Sections 146 and 147 of the Accident Compensation Act 2001.
3. Despite Fairway Resolution Limited now purportedly being a "private company", and given the
fact that this change of ownership was done to try and strengthen the appearance of Fairway
Resolution Limited and its reviewers being "independent" of the ACC, Section 137 of the Accident
Compensation Act 2001 still requires the "Corporation to engage and allocate reviewers."
Since the word "engage" has a number of definitions and with some of them running counter to
the purported "independence" of Fairway Resolution Limited from the ACC, the contract /
agreement, and/or any other document/s, that provides for the legal requirement that "the
Corporation must engage as many persons as it considers necessary to be reviewers under this
Part", and that "the Corporation must arrange for the allocation of a reviewer to the review."
ACC’s contract with Fairway Resolutions
Attached is the contract between ACC and Fairway Resolution Ltd for the provision of review
administration services and dispute resolution services.
The contract between ACC and Fairway contains the names of ACC and Fairway staff. We have made the
decision to withhold the names under section 9(2)(a) of the Act, as there is a need to protect the privacy
of natural persons. ACC has carefully considered whether there are reasons why it is desirable, in the
GOV-006958
public interest, to make the information requested available. ACC is of the view that maintaining the
individual’s privacy outweighs any public interest in making the information available.
Some information has been withheld under section 9(2)(c) of the Act to avoid prejudice to measures
protecting health or safety of members of the public. ACC is of the view that there is no in public interest
to release this information.
ACC review application acknowledgement
Attached is a copy of the template letter, the ACC REV18, that ACC sends to acknowledge the receipt of
an application for a review of an ACC decision. Also attached is the ACC8041 which is provided with the
acknowledgement.
Engagement and allocation of reviewers
Attached is the template letter that ACC uses to engage reviewers.
The contract to administer the review processes, attached, includes allocating reviewers to matters
where ACC customers have applied for a review under Part 5 of the Accident Compensation Act 2001.
How to get in touch
If you have any questions, you can email me at
[email address]. If you are not happy with this response, you have the right to make a complaint to the Ombudsman.
Information about how to do this is available at
www.ombudsman.parliament.nz or by phoning 0800
802 602.
Nāku iti noa, nā
Sasha Wood
Manager Official Information Act Services
Government Engagement & Support
Enclosed:
•
Fairway ACC Agreement (July 2019)
•
REV18 Acknowledgement review application
•
ACC8014
•
ACC letter of engagement
Accident Compensation Corporation
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