13 February 2023
Anthony Jordan
[FYI request #21287 email]
Kia ora Anthony
Your Official Information Act request, reference: GOV-022288
Thank you for your email of 29 November 2022, asking for the following information under the Official
Information Act 1982 (the Act):
1.
Process the ACC uses to Investigate Staff Accessing Claimants' files Without Proper Authority or
Reason (when no Allegation is made ie ACC's Proactive Stanch if any)
2.
Process the ACC uses to Investigate Staff Accessing Claimants' files Without Proper Authority or
Reason (when an Allegation is made to the ACC by a Claimant)
3.
Expected time frame to Satisfy Clamants [sic]
Complaint to the Alleged Conduct as mentioned above
4.
Consequences to those found to be in breach of the ACC policy by accessing Claimants' files
5.
Can the ACC Claimant Information storage system be accessed without a trace of whom may have
accessed an Individuals
Note that Staff names have been removed from the documents provided as they are out of scope of your
request.
Please find attached our Conduct Claims Access Monitoring Check and the Assess Claims Access Concerns
documents
The Conduct Claims Access Monitoring Check is the policy ACC uses to conduct random or ‘spot check’
monitoring of staff members.
The Assess Claims Access Concerns document details the process we would follow if a ‘low assurance’
rating was determined as part of th
e Conduct Access Monitoring Checks Procedure, which can be seen in
section 4d. This tool could also be used if an allegation was received from a client.
When an allegation is made by a client regarding inappropriate access of client’s files by staff members, the
matter is referred to the Customer Resolution Team for assessment and possible resolution. Where there
are further concerns, the matter is escalated to the Privacy, Employment Relations or Integrity services
team to investigate. ACC has tools available that help inform the decision on this allegation. For example,
we can run a Digital Footprint on a client’s claim as part of an investigation into inappropriate access.
Information about this process is provided in the attached
Complete Digital Footprint Request policy.
Timeframes to resolve complaints
Each complaint is unique and, despite not having a legislative timeframe to satisfy or respond to an
allegation of inappropriate access to client’s files, we wil set out for each client our expected response time
as required by the Code of Claimants’ Rights (the Code).
However, complaints of breach of the Health Information Privacy Code 2020 must be acknowledged within
5 days and resolved within 20 working days.
GOV-022288 Page 1 of 2
Where an employee is found to be in breach of their employment obligations due to accessing Claimant
files, the Discipline Policy wil apply
Under this policy, an employee’s conduct is considered against a range of potential outcomes based on all
of the circumstances, actions taken can include warnings or dismissal. We have provided this policy to you.
No, ACC’s claims management system cannot be accessed without a trace of who may have accessed a
claim or client record.
If you have any questions about this response, please get in touch
You can email me a
t [email address].
If you are not happy with this response, you can also contact the Ombudsman via
[email address] or by phoning 0800 802 602. Information about how to make a complaint
is available
at www.ombudsman.parliament.nz.
Ngā mihi
Sara Freitag
Acting Manager Official Information Act Services
Government Engagement
GOV-022288 Page 2 of 2
Document Outline
