Dear Privacy Commissioner,

This is a request for information. For each year calendar year since 01/01/2010, the total number of complaints the OPC has:
(1) received about ACC; and
(2) declined to investigate; and
(3) referred to another agency after first consulting with that agency; and
(4) referred to another agency without having consulted with the other agency; and
(5) mediated a settlement; and
(6) investigated to completion and provided an investigation certificate; and
(7) partially investigated but did not complete for what ever reason; and
(8) otherwise fobbed the person's complaint off; and
(9) found there had been a breach of the persons privacy; and
(10) found there had been no breach of the persons privacy.

This is a request for information as to the number of complaints pertaining to ACC's use of "communication plans", which has the effect of hindering claimants ability to communicate effectively with ACC and resulted in breaches to rights under the privacy act.

The number of complaints the OPC has received about ACC engaging in communication plans where emails are not received by the intended recipient, but are re-routed electronically, through the use of interception capabilities by ACC employees.

All case notes and decisions regarding complaints against ACC, specifically ACC's use of broad brushed forms (e.g. ACC6300 or ACC45 or ACC46 forms), to obtain or disclose health records without having
(1) attempted to seek the information from the claimant (rules 2, 3);
(2) providing reasons why it was necessary for ACC to seek records directly from a third party rather than from the claimant (rules 2-4, 8);
(3) notifying the claimant that ACC was going to obtain records or disclose records or who will have access (rules 3, 4, 5, 8, 10, 11)
(4) ensured that the information was relevant to the claim (rule 1, 3, 4, 5, 8);
(5) notified the claimant that ACC had obtained information about the claimant to allow them access and to make corrections (rules 6, 7) and
(6) used and maintained unrelated or unskillfully obtained information in their decision making (rule 1, 4, 5, 8, 9, 10).

I note your website only has 18 cases notes or court decisions ranging from 1994-2015, yet I'm certain there have been 10's if not 100's of complaints about ACC each year. Conspicuousness, there are no notes pertaining to decisions about ACC which came under the Privacy Act 2020. In fact, there are only 12 decisions which come under the Privacy Act 2020, which begs to question whether the OPC is actually doing their legislative duty.

Ta

An

Dear OIA,

Thank you for the information. Would you please proved the the number of complaints that were received and declined to be investigated during the triage process for each of the years in your response.

Yours sincerely,

An

Dear OIA,

This is a follow up request from 28 January 2024, where I requested " the number of complaints that were received and declined to be investigated during the triage process for each of the years in your response."

Of those complaints that were received and declined to be investigated during the triage process for each of the years in your response form 26 January 2024:
(1) please state the number of certificates that were issued for those complaints; and
(2) the number of complainants who received notices of their rights to appeal the OPC’s decision at Human Rights Review Tribunal.
(3) the reasons given for declining to investigate and the number of those complaints that were not investigated for that reason.

For (3) above, please specify the legal reason given for not investigating the complaint. [Please refer to sections 73 – 74 of the Privacy Act 2020 or sections 70-71 of the Privacy Act 1993]. If section 74(2) of the PA 2020 (or 71(2) of the PA 1993) applied, please provide the specific reasons given, and the number of complaints that were not investigated for that reason.

Thanks,
An

Dear OIA,

This is a follow up request from 28 January 2024, where I requested " the number of complaints that were received and declined to be investigated during the triage process for each of the years in your response."

Of those complaints that were received and declined to be investigated during the triage process for each of the years in your response form 26 January 2024:
(1) please state the number of certificates that were issued for those complaints; and
(2) the number of complainants who received notices of their rights to appeal the OPC’s decision at Human Rights Review Tribunal.
(3) the reasons given for declining to investigate and the number of those complaints that were not investigated for that reason.

For (3) above, please specify the legal reason given for not investigating the complaint. [Please refer to sections 73 – 74 of the Privacy Act 2020 or sections 70-71 of the Privacy Act 1993]. If section 74(2) of the PA 2020 (or 71(2) of the PA 1993) applied, please provide the specific reasons given, and the number of complaints that were not investigated for that reason.

Thanks,
An