Method of lodgement of claims - s 48 or s 49

Anon made this Official Information request to Accident Compensation Corporation

The request was refused by Accident Compensation Corporation.

From: Anon

Dear Accident Compensation Corporation,

I request the following information. Please provide me with the instructions on how a claimant (person who experiences a personal injury, from an accident) lodges a claim with ACC.

Please provide me with copies of any forms that must be completed.

Please specify who may lodge a claim on behalf of the claimant (e.g.,claimant, spouse, parent, advocate, lawyer, or health professional).

Please provide me with the the web address where this information is made publicly available.

Ta,
An

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff 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 staff names.

 

Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.

 

Ngâ mihi,

Government Engagement Team

 

Government Engagement, ACC

' 0800 101 996
* Box 242, Wellington 6011

[6]www.acc.co.nz

 

 

Disclaimer:

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From: Government Services
Accident Compensation Corporation


Attachment GOV 028421 Attachment.pdf
703K Download View as HTML


Kia ora  

 

Thanks for your request. Please find attached the relevant documentation. 

 

Further information about who can lodge a claim can be found on the ACC
website, here: [1]www.acc.co.nz/for-providers/lodging-claims/ and
[2]www.acc.co.nz/assets/oia-responses/claims-lodgement-policy-oia-response-gov-026247.pdf.
 

 

Ngā mihi 

 

Sara Freitag (she/her) 
Acting Manager | OIA Services 
 
' 027 973 7330 
* 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

Link to this

From: Anon

Dear Government Services,

Thank you for the single policy; however, you have not included a response or the information I requested. I requested the following:
(1) Instructions on how a claimant (person who experiences a personal injury, from an accident) lodges a claim with ACC.
(2) A list of person who may lodge a claim on behalf of the claimant (e.g.,claimant, spouse, parent, advocate, lawyer, or health professional).
(3) A copy of the form that must be completed in order for a claimant to lodge a claim.
(4) The web-address where members of the public can find the information described in (1)-(3) above.

What you provided me was the process that an ACC employee follows when registering a claim after a person lodges a claim.

Please only provide the information which is targeted at members of the public, not the processes or policies for ACC employees.

Ta,

An

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff 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 staff names.

 

Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.

 

Ngâ mihi,

Government Engagement Team

 

Government Engagement, ACC

' 0800 101 996
* Box 242, Wellington 6011

[6]www.acc.co.nz

 

 

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."

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From: Anon

Dear Accident Compensation Corporation,

This is just a friendly reminder that I have not received a response to my OIA request from October 16, 2023 and to remind you that the response is due on November 14, 2023. Please note the information you initially provided me was not what I requested.

Yours faithfully,

Anon

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff 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 staff names.

 

Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.

 

Ngâ mihi,

Government Engagement Team

 

Government Engagement, ACC

' 0800 101 996
* Box 242, Wellington 6011

[6]www.acc.co.nz

 

 

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

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Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 028561 Response.pdf
262K Download View as HTML


Kia ora Anon
Please find attached our response to your official information request
dated 24 October 2023. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternati... give us a
call on 0800 101 996.
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 [3]here. 
Ngâ mihi

Sara Freitag (she/her)
Acting Manager | OIA Services

' 027 973 7330
* 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

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2. https://www.acc.co.nz/contact/
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From: Anon

Dear Sara Freitag,

So just to be clear, are you saying it is ACC's position is that a claimant is not permitted or authorised to lodge their own claim with ACC? Are you saying it is ACC's position that section 48 of the Accident Compensation Act is null and void?

Who, specifically, is authorised to lodge a claim for a claimant, other than a registered health provider?

Thank you for the clarification.

Yours sincerely,

An

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff 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 staff names.

 

Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.

 

Ngâ mihi,

Government Engagement Team

 

Government Engagement, ACC

' 0800 101 996
* Box 242, Wellington 6011

[6]www.acc.co.nz

 

 

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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 029176 Response.pdf
306K Download View as HTML


Kia ora Anon
Please find attached our response to your official information request
dated 24 November 2023. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternati... give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download the latest version of
this freeware please click [3]here. 
Ngâ mihi

Sara Freitag (she/her)
Acting Manager | OIA Services

' 027 973 7330
* 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
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2. https://www.acc.co.nz/contact/
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From: Anon

Dear Government Services,
Thank you for your response GOV-029176. The ACC has repeatedly stated that claimants may not lodge their own claims under section 48 of the Act. See:
-- OIA Response REF: 0050867 dated 16 Nov 20107;
-- OIA Response ref GOV-016506 dated 24 Feb 2022;
--- OIA Response ref GOV-028561 dated 14 Nov 2023.

In these responses, the ACC refused requests for policies, processes, guidelines, and all other information regarding lodgement of claims under s 48 of the Act under s 18(e) claiming such information does not exist. However, in your response dated 13 December 2023 (GOV-029176) you have stated "in some cases, ACC may exercise operational discretion to accept lodgement of a claim that has been lodged otherwise than in accordance with the required process", where the required process is lodgement under s 49 of the Act.

Again, is it ACC's position that section 48 is null and void, and that ACC is not required "to provide information on how to make a claim for cover and entitlements" (right 6) independent of a provider (s 48)?

Please provide all of the documents which informed your response that it is ACC's policy to only accept claims lodged by a medical practitioner or health provider, along with those policies, and the discretionary policies, process, rules, or other documents, regarding the other methods of lodgement. Clearly these do exist, since you have stated there are operational discretion, and clearly ACC's earlier response that no such documents exist are inaccurate.

Please provide me with a reference to the case law in which the Courts have upheld ACC's policy that claimants may not lodge their own claims under section 48 of the Act and must lodge claims only under s 49 of the Act.

Yours sincerely,

An

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff 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 staff names.

 

Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.

 

Ngâ mihi,

Government Engagement Team

 

Government Engagement, ACC

' 0800 101 996
* Box 242, Wellington 6011

[6]www.acc.co.nz

 

 

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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora Anon

In our response dated 13 December 2023 (GOV-029176), we clarified that our
usual process is for treatment providers to lodge claims, however, in some
cases we may exercise operational discretion to accept lodgement in
another way. This will be on a case-by-case basis.

As we have already responded to numerous questions about our process for
lodging claims, and provided our process documents related to lodgement,
we are refusing to respond to your questions as we have no new information
to provide. We have made this decision under section 18(h) of the OIA,
because we consider your request to be frivolous or vexatious.

If you are not happy with this response, you can 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 (she/her)
Manager | OIA Services

' 027 973 7330
* 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

Please use this email address for all replies to this request:
[FOI #24451 email]

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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information. If you believe you have received this email in error, please
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email together with all attachments. If you are not the intended
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attachments or disclose the contents to any other person."

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From: Anon

Dear Government Services,

Please provide me with the instructions that ACC provides individuals who ACC, in their discretion and on a case by case basis, decides to allow a claimant to lodge a claim under section 48 of the Act. Please provide copies of all forms used for lodgement by claimants under section 48, as well as all internal documents, rules, guidelines, advice, or any other information which informs those discretionary decisions by ACC employees to permit claimants to exercise their rights under section 48 of the Act. \

Please provide me with a list of roles who hold the authority to make these discretionary decisions - the discretionary decisions to permit individuals to exercise their rights under section 48 of the Act.

Yours sincerely,

Anon

Link to this

From: Government Services
Accident Compensation Corporation

Kia ora

 

Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.

 

We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. Please note that the period from 25 December 2023
to 15 January 2024 (inclusive) are not counted as working days under the
Official Information Act 1982, and our offices will be closed from 25
December to 7 January. OIA requests submitted after 27 November 2023 may
take a bit longer than you expected. You can check the [1]Ombudsman OIA
response calculator to find when your request for official information
will be due.

 

In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.

 

The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. We may need to consult our staff 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 staff names.

 

Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.

 

Ngâ mihi,

 

Government Engagement, ACC

' 0800 101 996
* Box 242, Wellington 6011

[6]www.acc.co.nz

 

 

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. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...

Link to this

From: Government Services
Accident Compensation Corporation


Attachment GOV 030177 RESPONSE.pdf
205K Download View as HTML


Kia ora 

Please find attached our response to your official information request
dated 25 January 2024. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.

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 [3]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

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