ACC notice of a decision - specific information required
Anon made this Official Information request to Accident Compensation Corporation
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From: Anon
Dear Accident Compensation Corporation,
To avoid any doubt, this request is made under the Code, Privacy Act, and OIA.
Please ensure that this request is referred to the team that is responsible for making policies, processes, guidelines, notices, and forms that are compliant with the Privacy Legislation.
Background:
Under the Act (sections 64), ACC is required to provide Claimants with written notices of decisions, which includes review rights.
64 Corporation must give notice of decisions
(1) The Corporation must give notice of its decision on a claim to the claimant.
(2) In the case of a claim for cover for a work-related personal injury to an employee, the Corporation must give notice of its decision on the claim for cover to every employer entitled to apply for a review of that decision.
(3) [Repealed]
(4) Every notice given under this section must—
(a) be written; and
(b) contain the reasons for the decision; and
(c) give the claimant or other person information about his or her rights to apply for review, including details of the time available to do so and an explanation of when applications can be made outside that time.
Decisions include requests for additional information from the claimant, claimant's health providers, or employer. See sections 55-58, 71, 75, 117, etc.
The ACC6300 form is a contract that states ACC will comply with the privacy legislation (Privacy Act 2020 and Health Information Privacy Code 2020). This contract states: "We’ll let you know about the types of records we need to collect, and why we need to collect them to make these decisions about your claim."
The ACC6300 form does not, in itself, give ACC the authority to seek information form third parties. See ACC Authority principles (ACC6300) in GOV-026284.
Thus, ACC is committed to providing the Claimant with a notification of ACC's decision to seek or disclose claimant information, prior to ACC seeking or disclosing that information.
Rule 2 of the HIPC, requires ACC seek the information from the claimant in the first instance. In order for a claimant to comply with ACC's request for information, the request must clearly specify the information ACC decided it required. [See ACC Authority principles (ACC6300) in GOV-026284.]. That is, ACC cannot make general requests like - all health records pertaining to X.
Rule 3 of the HIPC (or IPP 3 of the Privacy Act), requires that ACC include in the notice of their decision, the following information:
(a) the fact that the information is being collected; and
(b) the purpose for which the information is being collected; and
(c) the intended recipients of the information; and
(d) the name and address of—
(i) the health agency that is collecting the information; and
(ii) the agency that will hold the information; and
(e) whether or not the supply of the information is voluntary or mandatory and if mandatory the particular law under which it is required; and
(f) the consequences (if any) for that individual if all or any part of the requested
information is not provided; and
(g) the rights of access to, and correction of, health information provided by rules 6
and 7.
Rule 11, requires the Claimant's consent before disclosure of their information.
Request 1:
I request a copy of ACC's notice of the decision to seek specific claimant information from a claimant, or third party, which includes the necessary information under section 64 of the Act and Rule 3 of the HIPC.
Request 2:
I request a copy of ACC's notice of the decision to disclose claimant information and the reason for the disclosure, which includes the necessary information under section 64 of the Act and Rules 3 & 11 of the HIPC.
Request 3:
I request copies of all ACC template forms which may be attached to the notices, which specifies the documents that ACC seeks to obtain or intends to disclose.
I provide three examples, which are not exhaustive:
- ACC192 Vocational Independence Medical Assessment Referral Documents List, or
- ACC6246 Relevant documents list.
- ACC252 Review documents
Request 4:
I request a copy of ACC's consent form, which give explicit consent by the Claimant for ACC to seek or disclose the information specified in the notice of their decision (requests 1-3 above).
To avoid any doubt, I have not requested the ACC6300, ACC45, or the ACC46 forms, as these forms do not meet the criteria set out by the privacy legislation (Rules 2, 3, 11) or the AC Act (s 64).
Thanks,
An
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [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."
References
Visible links
1. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Anon
Thank you for your below email. Before we can begin working on your
request, we are seeking clarification from you.
We have interpreted your requests 1, 2 and 3 to be for letter templates
informing clients that ACC is seeking and disclosing information from and
to third parties. Can you please confirm if our interpretation is correct.
If not, please specify exactly what documents you would like.
Requests responded to under the OIA have a timeframe of 20 working days.
However, as we are asking you to clarify your request, the 20 days will
begin from the date we receive clarification from you.
We can be contacted via email at [email address].
Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
------------------- Original Message
show quoted sections
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27011 email]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[2]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
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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.
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email together with all attachments. If you are not the intended
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From: Anon
Dear Government Services,
You requested clarification, stating "We have interpreted your requests 1, 2 and 3 to be for letter templates informing clients that ACC is seeking and disclosing information from and
to third parties."
I don't know if ACC has a template notice for every decision. I do now that ACC is required to provide notices of all of ACC's decisions to claimants. Seeking external clinical advice is a decision under the Act (s 62) that requires written notice. The decision to disclosure or seek information are also decisions under the Act (s 55), as well as the the Privacy Act.
ACC has internal rules of what must be included in any written correspondence. Thus, to ensure consistency and compliance with the law, it would be reasonable to assume that ACC has template notices and forms for the decisions I requested.
If ACC doe not hold any template notices or forms (Request 1-4), please state that ACC does not have any such templates notices of decisions and forms. If there are no templates, I request 10 examples of such letters (with the attachments) sent to claimants from the Complex Injury Claim team (s 57 claims), with the particulars of the claimant (name, claim number, ACCID number, etc) redacted from the notice.
I reiterate my original request:
Request 1:
I request a copy of ACC's notice of the decision to seek specific claimant information from a claimant, or third party, which includes the necessary information under section 64 of the Act and Rule 3 of the HIPC.
Request 2:
I request a copy of ACC's notice of the decision to disclose claimant information and the reason for the disclosure, which includes the necessary information under section 64 of the Act and Rules 3 & 11 of the HIPC.
Request 3:
I request copies of all ACC template forms which may be attached to the notices, which specifies the documents that ACC seeks to obtain or intends to disclose.
I provide three examples, which are not exhaustive:
- ACC192 Vocational Independence Medical Assessment Referral Documents List, or
- ACC6246 Relevant documents list.
- ACC252 Review documents
Request 4:
I request a copy of ACC's consent form, which give explicit consent by the Claimant for ACC to seek or disclose the information specified in the notice of their decision (requests 1-3 above).
To avoid any doubt, I have not requested the ACC6300, ACC45, or the ACC46 forms, as these forms do not meet the criteria set out by the privacy legislation (Rules 2, 3, 11) or the AC Act (s 64).
Thanks,
An
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [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."
References
Visible links
1. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora
Please see the attached letter regarding your Official Information Act
request.
If you have any questions about the response you can contact us at
this [1]address. 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 [2]here.
Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
show quoted sections
From: Anon
Dear Government Services,
Your response to me is makes no sense. You have tried this stunt before. Please refer to my response on to you on November 08, 2023 in GOV-028422. You may find it here. https://fyi.org.nz/request/24454-what-to...
You have already provided responses to my OIA requests. Thus, it is unreasonable and irrational to be asking for this information again, when you have already decided I am legally entitled to information held by ACC.
I again reiterate my point that ACC has a legislative requirement to respect my privacy (right 7 of the Code).
Yours sincerely,
An
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [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."
References
Visible links
1. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached a letter in response to your below email.
If you have any questions about the response you can contact us at this
[1]address.
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 [2]here.
Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
show quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora Anon
Please find attached our response to your official information request
dated 27 May 2024. If you have any questions you can contact us at this
[1]address.
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 [2]here.
Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
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."
References
Visible links
1. mailto:[email address]
2. https://get.adobe.com/nz/reader/
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