3 July 2023
Sarah Brodrick
By email: <[FYI request #22875 email]>
Tēnā koe Ms Brodrick
Re:
Information request
Our ref:
E23HDC00923
Thank you for your email
of
21 May 2023, received 22 May 2023, requesting:
1. “All Official information about the Health and Disability Commissioner's
role in reasonably accommodating to a complainant who identifies as a
disabled persons
2. All Official information about the Health and Disability Commissioner and
funding to support disabled persons and the complaint process
3. All Official information about the Health and Disability Commissioner and
funding for educational and navigation purposes of disabled persons,
complaints and navigation of healthcare providers with the complaint
process
4. All Official information about the Health and Disability Commissioner and
any statistical information of complainants who have identified as
disabled persons (statistical information, I'm not requesting for any
specific information about the complaints, or complainants)
5. All Official information about the Health and Disability Commissioner's
survey which is part of the acknowledgement email that is sent to a
complainant, after a submission of a complaint
6. a) I would like to know the lawful purpose of the HDC in asking census
questions about persons who have disabilities and the relevance of asking
Auckland Office: P O Box 1791 Auckland 1140; Wel ington Office: PO Box 11934, Wel ington 6142
Freephone: 0800 11 22 33; Email: [Health and Disability Commissioner request email]; Website: www.hdc.org.nz
2
such invasive questions of complainants when the Human Rights
Commissioner is not actively engaged in the treatment and care of disabled
persons
b) I would like to know why the HDC is requesting for complainants to
provide identifiable information including providing a first name, a
surname and or the complaint reference as part of the ''voluntary survey'
included into the email acknowledgement of a complainant's first
complaint
submission
c) I would like know what is the lawful purpose of the HDC to require
identifiable information of a complainant, when filling in a ''voluntary
survey'' and where is the personal information of the complainants being
stored
and
used
d) I would like know why the HDC does not provide an anonymous survey,
if
it
is
voluntary.
e) Does the HDC use any of the survey information and personal details of
complainants
to
seek
funding
f) Does the HDC be provide any of the survey information and personal
details of complainants to any third parties and to whom, and why.”
We have considered your request under the Official Information Act 1982
and the Privacy Act 2020.”
We have considered your request under the Official Information Act 1982.
In response:
Question 1: All Official information about the Health and Disability Commissioner's role
in reasonably accommodating to a complainant who identifies as a disabled persons
Response: We endeavour to be reasonably accommodating with HDC's core material
by presenting it in accessible formats, with certain material (the complaint form and
the code of rights by way of examples) translated into an easily read format. You may
wish to visit the disability page on HDC's website for further information on HDC's
disability specific resources. We also draw upon the expertise of the nationwide health
and disability advocacy service and, more specifically, seek the assistance of advocates
to support people in their engagement with HDC and with the resolution of their
complaints. It is also important to note that HDC is committed to meeting our
obligations under the Accessibility for New Zealanders Bill when it is passed into
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legislation, and we recognise there is further work to be done in the ways we support
people with accessibility needs. This will continue to be an area we focus on.
Questions 2 & 3: All Official information about the Health and Disability
Commissioner and funding to support disabled persons and the complaint process
and All Official information about the Health and Disability Commissioner and
funding for educational and navigation purposes of disabled persons, complaints and
navigation of healthcare providers with the complaint process
Response: We have interpreted your question as being for a breakdown of how HDC
funds support, education and navigation for disabled persons and healthcare
providers. HDC's annual report details HDC appropriations and how its funding is
assigned to the various output classes. The Annual Report is the extent to which we
can provide breakdowns of funding in relation to your question. Certain population
groups (including disabled consumers) are prioritised with the provision of education
sessions, networking and residential visits, but this level of detail is not broken down
in the audited accounts of the annual report. Please refer to our
Annual Report on our
website and in particular page 67 of the 2022 report, section 6.5.
Question 4: All Official information about the Health and Disability Commissioner and
any statistical information of complainants who have identified as disabled persons
(statistical information, I'm not requesting for any specific information about the
complaints, or complainants)
Response: HDC began collecting data on complainants who have identified as
disabled persons on 24 April 2023. Of all of the complainants since 24 April 2023,
56% have chosen to provide this information. Of the complainants who have chosen
to provide this information, 23% indicated they are a person with a disability.
Question 5: All Official information about the Health and Disability Commissioner's
survey which is part of the acknowledgement email that is sent to a complainant,
after a submission of a complaint
Response: HDC asks complainants to fill out a demographics survey. The information
gathered from this survey allows HDC to track which communities it is receiving
complaints from. We have a responsibility to ensure that HDC is as accessible and
responsive as possible to consumers’ needs. If you require a more specific response
please advise as the question as it stands is too broad.
Question 6(a) and (b): I would like to know the lawful purpose of the HDC in asking
census questions about persons who have disabilities and the relevance of asking such
invasive questions of complainants when the Human Rights Commissioner is not
actively engaged in the treatment and care of disabled persons [and] I would like to
know why the HDC is requesting for complainants to provide identifiable information
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including providing a first name, a surname and or the complaint reference as part of
the ''voluntary survey'' included into the email acknowledgement of a complainant's
first complaint
Response: HDC invites complainants to fill out a demographics survey. The survey is
optional and voluntary and it does not affect the assessment of a complaint if they
choose not to fill it out. The information gathered from this survey allows HDC to track
which communities it is receiving complaints from. We have a responsibility to ensure
that HDC is as accessible and responsive as possible to consumers’ needs. The
information gathered from the survey is used to help HDC resolve complaints in a way
that is appropriate to the complainant’s needs. The information from the survey may
be used to determine whether or not it is appropriate for HDC to refer a complainant
to an advocate to assist in the complaints process.
The questions which we ask about disability are adapted from the Washington Group
Short Set of Questions on Disability. These questions are designed for accurate data
collection on disability in a way that is culturally neutral and reasonably standardised.
To gather information about disability, HDC uses a mixture of the Washington Group
Short Set of Questions on Disability, and self-identification.
Question 6(c): I would like know what is the lawful purpose of the HDC to require
identifiable information of a complainant, when filling in a ''voluntary survey'' and
where is the personal information of the complainants being stored and used
Response: HDC stores this information in our complaints management system where
it is only accessed by those staff members who have a legitimate need to access it.
This information is collected in order to assist in the assessment of a complaint (that
is to ensure that all relevant equity factors are taken into consideration and that we
are resolving the complaint in a way that meets the consumer's needs). It is also used,
at a high level, to measure and monitor the extent to which different communities
access our service and their experience of care. The demographic information across
all complaints is collated together in a non-identifiable way to measure who is
accessing our service and what they are complaining about. This assists us to both
monitor the extent to which HDC is accessible and to leverage change in the health
system.
Question 6(d) I would like know why the HDC does not provide an anonymous survey,
if it is voluntary.
Anyone can choose to not answer the survey. The survey is not anonymous as the
information is used to ensure that we are considering all the relevant equity factors
when assessing a complaint.
Question 6 (e) and (f): Does the HDC use any of the survey information and personal
details of complainants to seek funding [and] Does the HDC be provide any of the
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survey information and personal details of complainants to any third parties and to
whom, and why
Response: No, we do not use the survey information and personal details of
complainants to seek funding and we do not provide survey information and personal
details of complainants to any third parties.
You may seek a review of this decision from the Office of the Ombudsman.
Nāku iti noa, nā
Dr Craig Goodwillie
Senior OIA Advisor
