Dear Accident Compensation Corporation,

“Under the Official Information Act 1982, I wish to make a request for copies of the following documents:

1. All ACC Operational Policy Committee Minutes which contain reference to the ACC167 consent form, for the period 2009-2010 inclusive.

2. All ACC Operational Policy Committee Implementation Plans and Policies relating to the ACC167 consent form, for the period 2009-2010 inclusive. This should include all drafts and final versions of the Implementation Plans and Policies.

3. The final ACC Operational Policy Committee Implementation Plan and Policy relating to the ACC167 consent form, agreed to the ACC Executive Leadership Team (ELT) between 2009-2010, and the associated Minutes from the Executive Leadership Team meeting which records their agreement.

Yours faithfully,

Bruce Van Essen

Dear Accident Compensation Corporation,

A quick note to ensure you have received my query as I have had no response as of yet if you started processing the request.

Yours faithfully,

Bruce Van Essen

Dear Jason Tamm,

Thank you for your response of 28 July 2014.

It is implausible for me to believe that ACC can find no documentation relating to claimant consent and authority (ACC167) having been discussed by ACC’s Operational Policy Committee or the ACC Executive Leadership Team, at any time during 2009 to 2010.

Frankly, it would be irresponsible if ACC had not formally discussed issues of client consent at ACC’s Operational Policy Committee, or with the ACC Executive Leadership Team, as this is the most fundament aspect of the relationship between ACC and their clients.

In hindsight it appears my OIA request of 30 June 2014, which restricted the consent matter to the “ACC167 consent form”, was too narrow in its description to extract the records which exist relating to consent. Bearing that in mind, I have now broadened my request so that the relevant records can be extracted:

Under the Official Information Act 1982, I seek copies of:

1. All ACC Operational Policy Committee Minutes, and associated documents presented to the Committee, which contain reference to matters of ACC client / claimant “consent”, “authority” and “authorisation” for the purposes of collection, use and disclosure of information by ACC, for the period 2009-2010 inclusive.

2. All ACC Implementation Plans and Policies, which contain reference to matters of ACC client / claimant “consent”, “authority” and “authorisation” for the purposes of collection, use and disclosure of information by ACC, for the period 2009-2010 inclusive.

3. All documents presented to the ACC’s Executive Leadership Team (ELT) or Executive Management Team (EMT) and Chief Executive Officer, which contain reference to matters of ACC client / claimant “consent”, “authority” and “authorisation” for the purposes of collection, use and disclosure of information by ACC, for the period 2009-2010 inclusive.

4. All Minutes of the ACC’s Executive Leadership Team (ELT) or Executive Management Team (EMT) meetings which contain reference to matters of ACC client / claimant “consent”, “authority” and “authorisation” for the purposes of collection, use and disclosure of information by ACC, for the period 2009-2010 inclusive.

5. All Minutes from the ACC Research Ethics Committee relating to ACC client/claimants “consent”, “authority” and “authorisation” - to collect, use and disclose health information for research purposes, for the period 2009-2010 inclusive.

Yours sincerely,

Bruce Van Essen

Dear Jason Tamm,

I trust that the information requested will be provided today ?????

Yours sincerely,

Bruce Van Essen

Dear Jason,

I refer to your letter of 24 September 2014 and disclosures of 26 September 2014.

1. Information held by ACC relating to ACC client consent

You advise ACC “has not been able to identify any documents or information that match that which have been requested.”

Yet the Official Information Act which requires a broad interpretation of requests made. Your response is narrow and implies non disclosure by ACC on the basis that there wasn’t a 100% match of the information requested. This suggests that ACC follows an oppressive policy of responding to OIA’s, that unless a request is 100% correct in spelling out the specific title of information sought, ACC will not make any disclosures. This approach is probably one of the reasons why the Ombudsman considers it necessary to investigate various agencies non-compliance with the spirit and purposes of the Official Information Act.

Under the Official Information Act I request copies of all information relating to matters of client consent, authorisation or authority (e.g., ACC45, ACC167 etc) developed by ACC between 2009-2010. (This should include information (e.g., papers, presentations, advice, plans, policies, procedures, documentation, processes, information etc) received by ACC’s senior level management, e.g., the Chief Executive, the ACC Board, the ACC Minister, the Associate ACC Minister, the Executive Leadership Team, the Executive Management Team, the Operational Policy Committee, the National Claims Manager, the General Manager of Claims, the Privacy Office, ACC legal and other ACC employees in senior level management positions between 2009 and 2010 relating to client consent, authority or authorisation.)

2. ACC Research Ethics Committee Minutes - Non compliance with OIA:

a) Non Disclosure - June 2010 Minutes
You have overlooked providing the ACC Research Ethics Committee Minutes for June 2010. (I note the September 2010 minutes confirms that the June 2010 meeting discussed proposals around the data linking of ACC client and MOH client data for research and service design purposes, which requires discussion of ethics and client consent.)

In the May 2010 the ACC Research Ethics Committee meeting discussed the research project #185 and this involved discussion around the suitability of the ACC45 as a form of client consent for the collection of MOH data and the linking of this to ACC claim data. This matter was discussed again in June 2010 by the ACC Research Ethics Committee, and again in September 2010 where the committee discussed the ACC45 and ACC167 in terms of their suitability as client consent for the collection of MOH data for research and service design purposes.

Thus, this was an ongoing theme around matters of client consent discussed in May 2010, June 2010 and September 2010 by the ACC Research Ethics Committee for the linking of ACC and MOH data for research and service design purposes.

Under the Official Information Act I seek disclosure of the June 2010 ACC Research Ethics Committee minutes. The June 2010 minutes should have been disclosed with the other material on 26 September 2014, in response to my original Official Information Act request of 30 June 2014. Thus, this is not a new request, but is addresses ACC’s non disclosure in response to my request of 30 June 2014.

b) Failure to specify clause of Official Information Act as to basis of withholding officials names

Your response of 24 September 2014 refers to “necessary redactions required to protect the privacy of various individuals referred to in those documents”.

Could you please specify what clause of the Official Information Act 1982 under which you are withholding information on the basis of “privacy of various individuals”.

Please Note: The Ombudsman has previously ruled that the practice of redaction of public servants names by Government agencies for ‘privacy’ purposes is unacceptable, as the Official Information Act demands accountability of officials acting in their official capacities. I refer you to the Ombudsman’s decision #320402 of 14 December 2012, which involved PHARMAC’s non disclosure of public servant names. www.ombudsman.parliament.nz/system/paper...

Ombudsman David McGee in his decision #320402 stated -“I am inclined to the view that their names should be identified on request for reasons of accountability. I see no privacy interest which requires protection in respect of the names of officials acting in their official capacities ... I do not consider that section 9(2)(a) applies .. even if the release of their names would result in some infringement of privacy for the purposes of section 9(2)(a), I would be of the view that their names should be made available on request for reasons of accountability.”

It appears ACC has no foundation to redact the names of those officials acting in their official capacities, under grounds of ‘privacy of individuals’, when the Official Information Act demands accountability of public servants, and when the Ombudsman has ruled redaction of the names of public servants by Government agencies is unacceptable.

I request ACC provide all documents disclosed on the 26 September 2014 in an un-redacted form, so the names of officials are transparent (made available) for reasons of accountability.

c) Failure to specify clause of Official Information Act as to basis of withholding - Section 5.5-6.0 August 2010 ACC Research Ethics Committee Minutes

I note that ACC have failed to disclose Section 5.5 to 6.0 of the August 2010 ACC Research Ethics Committee Minutes, yet has not provided no legitimate or legal foundation for redaction and non disclosure.

Whilst you have cited in your letter of 24 September 2014 you are withholding information on the basis of “privacy of various individuals”, the entire section from Section 5.5 to 6.0 of the August 2010 minutes does not contain only names. Further, the Ombudsman decision #32040 confirms that the withholding of the names of officials, on the foundation of privacy, is unacceptable, when it involves officials acting in an official capacity.

Would you please disclose Section 5.5 to 6.0 of the August 2010 ACC Research Ethics Committee Minutes without further delays.

Yours sincerely,

Bruce Van Essen

Dear Government Services,

Good morning Jason.

Just checking that you have received my response of 1st October.

Yours sincerely,

Bruce Van Essen