Printed from https://fyi.org.nz./request/16741-request-polices-manuals-and-letters-eligibility-time-extensions-treatment-injury-claim-lodgment-by-claimant on November 16, 2024 08:01

Request Polices, Manuals and Letters: Eligibility, Time Extensions, Treatment Injury, Claim lodgment by claimant

Amy S Van Wey Lovatt (Account suspended) made this Official Information request to Accident Compensation Corporation

Response to this request is long overdue. By law Accident Compensation Corporation should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Amy S Van Wey Lovatt (Account suspended)

Dear Accident Compensation Corporation,

I am writing to request the following information - policies, manuals, and/or guideline documents, and templates - pertaining to:
(1) Lump sum payments; and
(2) Treatment injury and/or medical misadventure claims; and
(3) Eligibility criteria; and
(4) Claim management; and
(5) Time extension advice and request letters; and
(6) Seeking expert opinions; and
(7) Rules for lodgment of claims by persons (not physicians), under sections 48, 50 and 52 of the ACC Act.

Thank you.

Yours faithfully,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

Depending on the nature of your request you may not receive a response for
up to 20 working days. We will try to respond your query as quickly as
possible.

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 
       
Government Engagement & Support, ACC
 
Te Kaporeihana Âwhina Hunga Whara
 
ACC / Governance / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / [5]www.acc.co.nz  
 
ACC cares about the environment -
 
  Please don’t print this email unless it is really necessary. Thank
  you.
 
 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
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From: Amy S Van Wey Lovatt (Account suspended)

Dear Government Services,

I am writing to clarify my request for the aforementioned policies, manuals, guideline and/or template letters. Please note, my request for these documents would be satisfied if ACC were to make their policies, manuals, guidelines and templates publicly available through the ACC website, and the web address provided in the response.

Given these documents are held electronically, and must be accessed by staff on a daily basis, they must be readily accessible. Depending on ACCs intranet configuration, it should be possible to make these all available to the public (internet) by changing the intranet policy page websites from private (intranet) to public (internet). Certainly this would be the most time efficient method, as then ACC would never have to respond to OIA requests for policies, as they would all be readily available.

Yours sincerely,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

Depending on the nature of your request you may not receive a response for
up to 20 working days. We will try to respond your query as quickly as
possible.

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 
       
Government Engagement & Support, ACC
 
Te Kaporeihana Âwhina Hunga Whara
 
ACC / Governance / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / [5]www.acc.co.nz  
 
ACC cares about the environment -
 
  Please don’t print this email unless it is really necessary. Thank
  you.
 
 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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From: Government Services
Accident Compensation Corporation

Kia ora Amy,

Thank you for your request for information received on 14 September. I
agree with having a comprehensive online manual.  As an organisation, we
are working through this process to develop a platform to host the current
documents, it's just not a quick process unfortunately.  

Your request is for a substantial amount of information, as there are
currently thousands of pages for policy, process etc. To retrieve all of
the information you have requested would require a significant amount of
time, and we would need to extend the timeframe to make a decision on your
request and/or consider charging you for the information as allowed under
the Act.

In order to respond to your request in a more timely manner, we invite you
to narrow the scope of your request.

Lump Sum
You have requested policies and processes relating to lump sum payments.
Within this category we have a number of policies relating to assessment,
rates and service delivery. Could you please provide more detail on what
policies you are after? 

Treatment injury
Similarly, you have requested policies pertaining to Treatment injury.
Within this category, we have policies relating to assessment, criteria,
and mental injuries. Please advise which policies are helpful to you. 

Claim management
We have around 1000 policies that could relate to claims management. Could
you please clarify what claims management policy you are seeking?

Seeking expert opinions
We have interpreted your request for seeking expert opinions to mean
policies for when ACC staff internally consult with colleagues in our
clinical team to make decisions on claims. There is one policy which may
answer your question. Could you please confirm if this is the policy which
is of interest to you. 
Policy
Seek Internal Guidance

Some of ACC's policies/processes are publicly available to view online.
You can find these here: [1]https://www.acc.co.nz/resources/#/catego....

Once we have heard back from you we will be able to continue processing
your request. Please note that the 20 day timeframe to make a decision on
your request will recommence when we have received clarification from you.

Ngā mihi,

   
             
 
    Sasha Wood, Manager OIA Services, ACC  
  ACC cares about the environment – please don’t print this  
  email    
    unless it is really necessary. Thank you.    

 

 
------------------- Original Message

show quoted sections

Please use this email address for all replies to this request:
[FOI #16741 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
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If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------
 

Disclaimer:

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information. If you believe you have received this email in error, please
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email together with all attachments. If you are not the intended
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From: Amy S Van Wey Lovatt (Account suspended)

Dear Government Services,

Thank you for requesting clarification. I also appreciate your providing the link to previous OIA requests. I don't know why I couldn't find it.

If you would direct me to the part of your website which lists all of your policies, procedures, guidelines, manuals, etc., which includes a description of the contents, then I could narrow it down for you.

It would also be helpful to me if you can explain the internal structure of your intranet. For instance, do you have a policy page, in which you can either search by key word or alphabetical order? Do you have a single operations manual, that is broken down into sections. For instance, you have listed on your OIA responses a policy for Receive, Log and Allocate Review Applications. This appears to be a chapter within a much larger document, which is referred to as the "Manage Customer Reviews and Disputes". Would my understanding be accurate? Thus, if I ask for the "Manage Customer Reviews and Disputes" then I would get all of the relevant information.

I'm told I should be requesting the PROMAPP process step for these topics

Thanks.

Yours sincerely,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

Depending on the nature of your request you may not receive a response for
up to 20 working days. We will try to respond your query as quickly as
possible.

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 
       
Government Engagement & Support, ACC
 
Te Kaporeihana Âwhina Hunga Whara
 
ACC / Governance / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / [5]www.acc.co.nz  
 
ACC cares about the environment -
 
  Please don’t print this email unless it is really necessary. Thank
  you.
 
 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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Link to this

From: Government Services
Accident Compensation Corporation

Attachment CM Policy and Processes May 2020.xlsx
49K Download View as HTML

Kia ora Amy,

Thank you for your email. 

ACC staff use Promapp to search for relevant polices which are grouped
together into larger topics.
 
ACC’s website does not have a list of all our processes and policies.
However, I have attached to this email a spreadsheet of Promapp
policies/processes which can be accessed by ACC staff. Column B is the
name of the policy/process. There is nothing we can send you that includes
a detailed description of the contents of each policy/process
unfortunately.

In your original request you requested policies, manuals, and/or guideline
documents, and templates - pertaining to:
(1) Lump sum payments; and
(2) Treatment injury and/or medical misadventure claims; and
(3) Eligibility criteria; and
(4) Claim management; and
(5) Time extension advice and request letters; and
(6) Seeking expert opinions; and
(7) Rules for lodgment of claims by persons (not physicians), under
sections 48, 50 and 52 of the ACC Act.
 
Please identify, from the attached spreadsheet, which policies/processes
you would like to receive. 

The 20 day timeframe for ACC to make a decision on your request will start
from the date we receive clarification from you.

Ngâ mihi, 

   
             
 
  Sasha Wood, Manager OIA Services, ACC  
  ACC cares about the environment – please don’t print this  
  email    
    unless it is really necessary. Thank you.    

show quoted sections

Link to this

From: Amy S Van Wey Lovatt (Account suspended)

Dear Government Services,

That you for attaching the spread sheet; however, it appears to be incomplete. According to your first response ACC has "around 1000 policies that could relate to claims management." However, in the attached document there are only 19 policies on claims management. Would you please provide me with the list of the other 981 policies on claims management. Or did you mean that the 1060 policies in the list could relate to claims management, even though they have different group names other than "claims management"?

In the mean time, I request:
Claim management Completing a Written Decision Rationale Policy
Claim management Overseas Claim Policy

Independence Allowance & Lump Sum Clients with rapidly deteriorating conditions Policy
Lump Sum Lump Sum Eligibility Criteria Policy

Treatment Injury Criteria Cover criteria for treatment injury Policy
Treatment Injury Criteria How to manage legislative timeframes Policy

Make Cover Decision (DRAFT) Assess Cover for Treatment Injury Claim
Make Cover Decision (NGCM) Monitor Cover Decision Timeframes for Treatment Injury Claims
Make Cover Decision (NGCM) Receive and input a Treatment Injury Claim
Make Cover Decision Accept Claim

Register Claim Receive and Input Manual Claim :: Email
Register Claim Receive and Input Manual Claim - New claim lodgment with no claim form :: No claim form

Yours sincerely,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

Depending on the nature of your request you may not receive a response for
up to 20 working days. We will try to respond your query as quickly as
possible.

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 
       
Government Engagement & Support, ACC
 
Te Kaporeihana Âwhina Hunga Whara
 
ACC / Governance / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / [5]www.acc.co.nz  
 
ACC cares about the environment -
 
  Please don’t print this email unless it is really necessary. Thank
  you.
 
 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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From: Government Services
Accident Compensation Corporation

Kia ora Amy, 

Thank you for responding. Yes, I can confirm the list I attached is for
all policies and processes that could relate to case management. We will
provide the policies you have requested in our response. 

Ngā mihi, 

   
             
 
    Sasha Wood, Manager OIA Services, ACC  
  ACC cares about the environment – please don’t print this  
  email    
    unless it is really necessary. Thank you.    

 

 

         

 

show quoted sections

Link to this

From: Amy S Van Wey Lovatt (Account suspended)

Dear Government Services,

I am glad to hear that your employees were able to access the regional Datix system; however, that really didn't answer my question. To be more specific:

(1) Was any information on the regional Datix system leaked to the dark web or obtained by the hackers, and if so, did this affect only Waikato DHB patients or also your agency?
(2) What personal information is included in the regional Datix system reports.
(3) What location are the servers located that hold information on the region Datix system and how is the information archived for accessibility in the event of a hack.
(4) Are all entries into the regional Datix system automatically shared with the Health Quality and Safety Commissioner, or are only select entries shared?

Thanks.
Amy

Yours sincerely,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

Depending on the nature of your request you may not receive a response for
up to 20 working days. We will try to respond your query as quickly as
possible.

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 
       
Government Engagement & Support, ACC
 
Te Kaporeihana Âwhina Hunga Whara
 
ACC / Governance / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / [5]www.acc.co.nz  
 
ACC cares about the environment -
 
  Please don’t print this email unless it is really necessary. Thank
  you.
 
 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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From: Government Services
Accident Compensation Corporation

Kia ora Amy,

Was this email meant for ACC or the Ministry of Health or a DHB?

Ngā mihi,

Sasha

Sasha Wood, Manager, OIA Services

ACC / OIA Services 2112 / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / www.acc.co.nz

ACC cares about the environment – please don’t print this email unless it is really necessary. Thank you.

show quoted sections

Link to this

From: Amy S Van Wey Lovatt (Account suspended)

Dear Government Services,

I do appologize. My last response was meant for a DHB. I am still waiting for the policies I have requested though.

Yours sincerely,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

Depending on the nature of your request you may not receive a response for
up to 20 working days. We will try to respond your query as quickly as
possible.

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 
       
Government Engagement & Support, ACC
 
Te Kaporeihana Âwhina Hunga Whara
 
ACC / Governance / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / [5]www.acc.co.nz  
 
ACC cares about the environment -
 
  Please don’t print this email unless it is really necessary. Thank
  you.
 
 

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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From: Government Services
Accident Compensation Corporation

Attachment GOV 013988 Response.pdf
444K Download View as HTML

Attachment GOV 013988 Policies.pdf
2.9M Download View as HTML

Kia ora Amy, 

Please find attached our response to your official information request
dated 14 September 2021. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngā mihi, 

   
             
 
    Sasha Wood, Manager OIA Services, ACC  
  ACC cares about the environment – please don’t print this  
  email    
    unless it is really necessary. Thank you.    

 

 

show quoted sections

Link to this

From: Government Services
Accident Compensation Corporation

Attachment GOV 013988 Response.pdf
444K Download View as HTML

Attachment GOV 013988 Policies.pdf
2.9M Download View as HTML

Kia ora Amy, 

Please find attached our response to your official information request
dated 14 September 2021. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngā mihi, 

   
             
 
    Sasha Wood, Manager OIA Services, ACC  
  ACC cares about the environment – please don’t print this  
  email    
    unless it is really necessary. Thank you.    

 

 

show quoted sections

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora Amy, 

As you have confirmed these questions were meant for the DHB, on that
basis we are closing this request. Please let us know if you have any
further questions. 

 Ngâ mihi,

   
             
 
    Sasha Wood, Manager OIA Services, ACC  
  ACC cares about the environment – please don’t print this  
  email    
    unless it is really necessary. Thank you.    

 

show quoted sections

Link to this

From: Amy S Van Wey Lovatt (Account suspended)

Dear Government Services,

I have been reviewing the ACC polices sent to me on 22 October 2021. I was particularly surprised that there was no reference to section 48 of the Accident Compensation Act 2001 in ay of the policies, the lodgment of a claim by the affected individual.

48 Person to lodge claim for cover and entitlement
A person who wishes to claim under this Act must lodge a claim with the Corporation
for—
(a) cover for his or her personal injury; or
(b) cover, and a specified entitlement, for his or her personal injury; or
(c) a specified entitlement for his or her personal injury, once the Corporation
has accepted the person has cover for the personal injury.

I request all documents ACC holds pertaining to section 48 of the Act. According to section 52 of the Act, ACC must have a process for individuals to follow to lodge a claim. As it must be achievable by the individual, it must be independent of a physician. The process for a physician would be under section 49 of the Act. The ability of an affected individual to lodge a claim independent of a physician has been upheld by the NZ High Court, who stated that if ACC were to have a process which required all claims to be lodged through a physician, ACC would be re-writing the legislation and ACC does not have the legislative authority to do so. Parliament has deemed that ACC must have a process for affected individuals to lodge claims, independent of a physician.

Under the ACC Code, ACC must provide this information to the public, and it must be complete and not misleading (Rights 4 and 5 of the Code). Under the Code, ACC was supposed to make sure that any missing processes were updated. Given that there have been multiple cases brought to the Courts and review, about ACC failing to process claims submitted by affected individuals, ACC must have updated these processes in accordance with their legislative duty under the Code. Thus, I respectfully request that ACC place on its website the information as to the process a person must follow to lodge a claim with ACC, independent of a physician, in accordance with section 48 of the AC Act 2001.

Yours sincerely,

Amy S Van Wey Lovatt

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff before deciding whether we can
release this information, and this may take a bit more time. If we do not
hear from you, we will assume that you do not require staff names.

 

Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.

 

Ngâ mihi,

Government Engagement and Support Team

 

 

Government Engagement and Support, ACC

' 0800 101 996
* Box 242, Wellington 6011

[5]www.acc.co.nz

 

 

 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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From: Government Services
Accident Compensation Corporation

Attachment GOV 016506 RESPONSE.pdf
269K Download View as HTML

Kia ora Amy 

Please find attached our response to your official information request
dated 30 January 2022. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngâ mihi

Sasha Wood, (She/Her)
Manager, OIA Services , ACC

ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.

 
 

Disclaimer:

"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."

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Link to this

From: Government Services
Accident Compensation Corporation

Attachment GOV 016506 RESPONSE.pdf
269K Download View as HTML

Kia ora Amy 

Please find attached our response to your official information request
dated 30 January 2022. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here. 

 

Ngâ mihi

Sasha Wood, (She/Her)
Manager, OIA Services , ACC

ACC cares about the environment – please don’t print this email unless it
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P D Frankpitt left an annotation ()

Amy, as you must be aware the Courts have also recognised claims lodged by lawyers or advocates ie Thomas (278/08) and Leuthard (2014). In both circumstances there was some interaction with medical treatment providers prior to the lodgement of claims but neither claim was lodged by the medical practitioner. What the Corporation are suggesting is permitted by Section 52 regarding the lodgement of claims is a specious nonsense and precedent does not support their position.

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Anon left an annotation ()

Also check out Naysmith v Accident Compensation Corporation [2005] NZHC CIV-2004-488-627 at [63]-[64].
...it does not state that the application must be made by the person in need of rehabilitation. There is nothing to prevent its being made by a Corporation officer on behalf of an injured person. Rather it is consistent with the restorative purpose of s 36 and the legislation as a whole that a Corporation officer should have power to assure a badly injured person that it will look after whatever formalities are to be complied with in relation to necessary applications for assistance.
[64] The present case affords an example. The undertaking by the rehabilitation officer was not an ultra vires frolic of his own but was given in the discharge of the Corporation’s s 36 obligation. A man who is comatose has no capacity to fill out forms. Someone must do it on his behalf. He may have a doctor or wife able and willing to do it. But it is well arguable that there can be no vires reason for the Corporation to be unable to say “this man is grossly disabled; he lacks the knowledge and means to fill out the relevant forms; they are needed for his rehabilitation; our task is to promote rehabilitation; so we will facilitate that rehabilitation by lifting that responsibility from him”. If it were necessary I would so decide; but for present purposes it is enough to decide that the issue warrants full argument within a matrix of actual fact.

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