26 May 2016
Anthony Jordan
[FYI request #3949 email]
Dear Mr Jordan
Official Information Act Request
Thank you for your email of 1 May 2016.
Your request
You asked for the following under the Official information Act 1982 (the Act):
“Official Information Act request –
Clients/Claimants
requirement to Comply with Current Health and Safety Law in
Workplace whilst in ACC ‘Care”
(…)
Please provide information which covers the Corporation and
Claimants whilst placements are active in any Workplace or
Vocational environment (ie: workplace/environment for the
purpose of imminent reintegration to workforce)”
Clarification of request
Thank you also for your response to ACC’s request to clarify your request which we
received on 9 May 2016. In this response you asked for the following:
“1/ Is the Corporation obliged to take into consideration current
Health and Safety laws when entering claimants into any
workplace rehab whether vocational, casual, Part time etc.
In layman's words...Provide information whereby the ACC is
liable for prosecution if a claimant is proven to have caused
injury (due to any injury pre-existing injuries) to himself or
others in a workplace whilst in the care of ACC approved
providers, Funded specialists or any ACC directive itself”
Our response
Responding to your request would require that ACC form a legal opinion. We note a
distinction under the Act exists between a request for information already known to
and held by an agency (official information); and a request to an agency to form an
opinion or provide an explanation or comment and thus create new information to
answer the request (not official information).
Accordingly, we will not be providing you with an opinion on the matters you have
raised.
Queries or concerns
If you have any questions, ACC will be happy to work with you to answer these. You
can contact us at
[email address] or in writing to
Government
Services, PO Box 242, Wellington 6140.
You have the right to complain to the Office of the Ombudsman about our
decision. You can call them on 0800 802 602 between 9am and 5pm on weekdays,
or write to
The Office of the Ombudsman, PO Box 10152, Wellington 6143.
Yours sincerely
Government Services