The development of an agreed set of actions by the Medical Issues Working Group
David Lawson made this Official Information request to Accident Compensation Corporation
Response to this request is long overdue. By law Accident Compensation Corporation should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: David Lawson
Dear Accident Compensation Corporation,
I refer to the "ACC and MBIE Briefing Paper: update on the response to the
Miriam Dean Review and next phase of work to improve disputes performance, dated 12 December 2018 Briefing Paper No: BP 18-040 to the Minister and Associate minister of ACC.
Within the briefing Paper under g) ii. it states;
g) Note three key recommendations from the Miriam Dean Review have been concluded this year:
....
ii. development of an agreed set of actions by the Medical Issues Working Group, ...
OIA Request 1:
Please provide all official information associated with the referred Medical Issues Working Group, that defines what the group does, and whom it is made up of.
OIA Request 2
Please provide all official information associated with what agreed sets of actions have been developed by the Medical Issues Working Group.
OIA Request 3:
Please provide all other official information associated with both the development of an agreed set of actions by the Medical Issues Working Group, and the Medical Issues Working Group themselves.
Under s16(2) of the Official Information Act, my preferred way of receiving a response is by email to the address from which ACC received the original request, not by post.
I thank you for your time and assistance.
Yours faithfully,
David Lawson
From: Government Services
Accident Compensation Corporation
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
Depending on the nature of your request you may not receive an official
response for up to 20 working days. Be assured however, that we will
respond to your query as quickly as possible.
Our [1]website provides up to date news and information about our work.
You can also follow us on [2]Facebook and [3]Twitter. Further information
about how to contact us is also available [4]here.
Kind regards,
[5][email address]
Government Engagement & Support, ACC
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From: Government Services
Accident Compensation Corporation
Kia ora David
I refer to your 10 May 2019 request, in which you have requested the
following information under the Official Information Act 1982 (the Act):
1. “Please provide all official information associated with the referred
Medical Issues Working Group, that defines what the group does, and
whom it is made up of.
2. Please provide all official information associated with what agreed
sets of actions have been developed by the Medical Issues Working
Group.
3. Please provide all other official information associated with both
the development of an agreed set of actions by the Medical Issues
Working Group, and the Medical Issues Working Group themselves.”
ACC needs to clarify the specific details of your question for “all other
official information associated with both the development of an agreed
set of actions by the Medical Issues Working Group, and the Medical Issues
Working Group themselves” as they way your request is currently worded is
very broad in scope, and would involve substantial manual collation and
research.
ACC can provide you with key documentation associated with the Medical
Issues Working Group such as terms of reference, meeting agendas, meeting
minutes and slides from group workshops, if this is what you are after.
Can you please let us know by Wednesday 22 May confirming whether you are
happy to receive the above documentation to answer question 3. The Act
allows a 20 working day timeframe for an agency to make a decision on a
request it has received. Once ACC has received a response to this
clarification, the 20 working day response time may start again.
Ngâ mihi
Emma Coats
Emma Coats, Manager OIA Services, ACC
Tel. 0800 101 996
ACC / OIA Services 2385 / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / [1]www.acc.co.nz
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From: David Lawson
Dear Emma Coats
Thank you for your request for further clarification of the 3rd official information request in my OIA request through www.fyi.org.nz lodged on the 10 May 2019 which I quote below;
OIA Request 3:
Please provide all other official information associated with both the development of an agreed set of actions by the Medical Issues Working Group, and the Medical Issues Working Group themselves.
I confirm that in the first instance, in response to OIA Request 3, lodged on the 10 May 2019, I am happy for the Corporation to provide me the following information;
(a) official information associated with both the development of an agreed set of actions by the Medical Issues Working Group
(i) the names of the individuals, organisations and entities that were involved in the development of an agreed set of actions by the Medical Issues Working Group.
(ii) Briefing Papers (BP) to the minister that proceed the BP dated 12 December 2018 Briefing Paper No: BP 18-040 to the Minister and Associate minister of ACC which reference the development of an agreed set of actions by the Medical Issues Working Group.
(iii) submissions and papers that have been contributed to the development of an agreed set of actions by the Medical Issues Working Group from the individuals, organisations and entities named in response to OIA Request 3 Clarification (a), (i).
(b) official information associated with..........and the Medical Issues Working Group themselves.
(i) The Briefing Papers to the Minister of ACC advising him of the formation of the and the Medical Issues Working Group themselves, and the internal documentation between MBIE, and the medical working group...or those associated with the creation and formation of the group.
(iii) confirmation as to the date when the Medical Issues Working Group was actually formed.
(iii) copies of the internal ACC and MBIE documentation that details who the group is answerable to, the structure and number of memebers in the group, and whether this group has any obligation's to consult with ACC claimant advocacy groups and or ACC claimant lead feedback groups or organisations.
(iii) the minutes and agenda's of all of the Medical Working Group's meetings and communications with ACC and or MBIE.
In the event that I should need further information following ACC's provision of the official information requested on the 10 May 2019 and upon your request of May 16 2019, clarified today, I will return to you should further assistance be required.
Under s16(2) of the Official Information Act, my preferred way of receiving a response is by email to the address from which ACC received the original request, not by post.
I thank you for your time and assistance Emma.
Yours sincerely,
David Lawson
From: Government Services
Accident Compensation Corporation
Kia ora David
Please find attached our notification of partial transfer for your
official information request dated 17 May 2019.
Ngâ mihi
Emma Coats
Emma Coats, Manager OIA Services, ACC
Tel. 0800 101 996
ACC / OIA Services 2385 / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / [1]www.acc.co.nz
ACC cares about the environment – please don’t print this email
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From: Government Services
Accident Compensation Corporation
Dear Mr Lawson, please find attached a decision on your request for
information relating to the Medical Issues Working Group.
Kind regards
Emma Coats
Disclaimer:
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information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
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recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
From: Government Services
Accident Compensation Corporation
Dear Mr Lawson, please find attached a decision on your request for
information relating to the Medical Issues Working Group.
Kind regards
Emma Coats
Disclaimer:
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information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
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recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
From: David Lawson
Dear Emma Coats @ ACC Government Services,
Thank you for your update responding to my OIA Request of 10 May 2019 to which you set out ACC's prior partial transfer of my request to MBIE, and informed me of what parts of my request ACC are intending to provide official information to me for, and restrictions on what is being withheld, or not in existence.
It is noted that none of the official information that you have said has been provided to myself with your letter, and in addition your letter has not indicated either the expected date that the information that I have requested will be provided to me by ACC Government Services, or does your response include a date by which you will update me as to your progress of compiling the official information that I have requested in my OIA request of 10 May 2019.
You have made comment in your letter of 13 June 2019 that...and I quote;-
"Our decision, as set out above, complies with our obligations under section 15 of the Act, which requires that decisions on requests are made within the timeframes allowed under the Act."
I have reviewed your claim on behalf of ACC Government Services following having read section 15A Extension of time limits, of the Official Information Act 1982 which reads and I quote;
"15A Extension of time limits
(1) Where a request in accordance with section 12 is made or transferred to a department or Minister of the Crown or organisation, the chief executive of that department or an officer or employee of that department authorised by that chief executive or that Minister of the Crown or that organisation may extend the time limit set out in section 14 or section 15(1) in respect of the request if—
(a) the request is for a large quantity of official information or necessitates a search through a large quantity of information and meeting the original time limit would unreasonably interfere with the operations of the department or the Minister of the Crown or the organisation; or
(b) consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably be made within the original time limit.
(2) Any extension under subsection (1) shall be for a reasonable period of time having regard to the circumstances.
(3) The extension shall be effected by giving or posting notice of the extension to the person who made the request within 20 working days after the day on which the request is received.
(4) The notice effecting the extension shall—
(a) specify the period of the extension; and
(b) give the reasons for the extension; and
(c) state that the person who made the request for the official information has the right, under section 28(3), to make a complaint to an Ombudsman about the extension; and
(d) contain such other information as is necessary.
Section 15A: inserted, on 1 April 1987, by section 9(1) of the Official Information Amendment Act 1987 (1987 No 8).
Section 15A(1): amended, on 1 April 1988, pursuant to section 90(d) of the State Sector Act 1988 (1988 No 20)."
Official Information Act 1982,
I note that you have on behalf of ACC Government Services, in your letter of response referenced 0054329 dated 13 June 2019, by not having specified to me the period of the time extension ACC Government Services require in excess of the standard 20 working day under the OIA 1982 limit that commenced on the 10 May 2019, you have placed the Corporation in direct breach of the following sections under the Official Information Act 1982;
ACC Government Services Breach 1 of my rights under the OI Act 1982 OIA in response to my OIA 1982 Request of 10 May 2019;
Section 15 A, (4) (a) which states
(4) The notice effecting the extension shall—
(a) specify the period of the extension;
by not having advised me in your response letter (Ref:0054329) 13 June 2019, of the length of the extension ACC Government Services require to compile and then provide me with the OIA information I requested on the 10 May 2019, ACC Government Services are in breach of Section 15A (4), (a) of the OI Act 1982.
And in doing so ACC Government Services has also breached my rights under the following additional sections of the OIA 1982;
ACC Government Services Breach 2 of my rights under the OI Act 1982 OIA in response to my OIA 1982 Request of 10 May 2019;
Section 15 A (3) The extension shall be effected by giving or posting notice of the extension to the person who made the request within 20 working days after the day on which the request is received.
Section 15 A (3) has been breached since ACC Government Services has failed to effected the extension beyond the 20 working days from the 10 May 2019 being my initial OIA Request, by failing to have given or posted notice of the extension to me, since the definition of "notice" under the OIA 1982 Section 15 A (4) (b) requires ACC Government Services to have had (4) The notice effecting the extension shall—(a) specify the period of the extension; , for which ACC Government Services have failed in this instance to have had done by failing to specify the period of extension required in your letter Ms Emma Coats dated 13 June 2019.
ACC Government Services Breach 3 of my rights under the OI Act 1982 OIA in response to my OIA 1982 Request of 10 May 2019;
Section 15 A (2) Any extension under subsection (1) shall be for a reasonable period of time having regard to the circumstances.
Without ACC Government Services compliance with section 15 A (4 (a) of the OIA 1982 which states
(4) The notice effecting the extension shall—
(a) specify the period of the extension;
ACC Government Services are unable to confirm to me or any other regulatory oversight agencies that they have meet and satisfied Section 15 A (2) of the OI Act 1092 in that the Corporation by advising me of their requirement for an extension under section 15 A (1) of the OIA 1982 on the 13 June 2019 in response to my OIA requests of 10 May 2019, because the Corporation has failed to comply with section 15 A (4), (a) and specify the period of extension required, that gives effect to the notice of extension that the extended time required beyond the 20 working days from 10 May 2019 when I lodged my OIA request, was, or is, and will be reasonable under section 15A (2) of the OI Act 1982, given the fact that ACC has failed to in their letter dated 13 June 2019 (Ref: 0054329), to have specified the period of the extension ACC Government Services Require beyond the 20 working days from the 10 May 2019.
I therefore respectfully request Ms Emma Coats that you provide me on behalf of ACC Government Services with an amended letter of response as per your letter of 13 June 2019 (Ref: 0054329), with the only amendment being that of you provide within the amended letter ACC's notice under Section 15A, (4) (a) of the OI Act 1982, of the specified period of extension the Corporation requires beyond the 20 working days that has already expired since my original OIA Requests lodged with the Corporation on the 10 May 2019, to be able to forward me the Official Information I have requested. Upon confirmation of the specified period of Extension the Corporation advises I will then be in a position to be able to determine as to whether the period of extension to be advised is reasonable.
I thank you for your time and assistance Ms Coats and welcome your returned amended notification letter which satisfies completely and wholly section 15 A and it's subsections entirely for which I have addressed above, and respectfully request that this is returned to me through the www.fyi,org.nz webstie under urgency, by the end of business close on Tuesday 18 June 2019, with my reason for urgency under the OIA 1982 being for the Corporation to rectify their current breaches of my rights under sections
15A (2)
15A (3)
15A (4) (a)
Of the OI Act 1982.
Under s16(2) of the Official Information Act, my preferred way of receiving a response is by email to the address from which ACC received the original request, not by post.
Yours sincerely,
David Lawson
From: Government Services
Accident Compensation Corporation
Dear Mr Lawson, we provided you with a decision on your request as per
section 15 of the Official Information Act, which states the
organisation must make and communicate a decision on your request ‘as
soon as reasonably practicable’ and no later than 20 working days after it
was received.
We are not extending your request under section 15A of the Act.
I have included the link to the Ombudsman's guidance below on this issue:
[1]http://www.ombudsman.parliament.nz/syste....
The Ombudsman's guidance also states: "If an agency decides to release
information, it must to so without ‘undue delay’. In some cases, the
agency may be justified in releasing the information at a later date after
the decision is made, if time is required to prepare the information for
release".
We are not obligated to provide a date for when the information will be
provided. In this instance we are attempting to follow up with the
remaining members of the working group as quickly as possible, to ensure
the information is released without undue delay.
kind regards
Emma Coats
------------------- Original Message -------------------
From: David Lawson;
Received: Mon Jun 17 2019 11:33:33 GMT+1200 (New Zealand Standard Time)
To: ;
Subject: Re: Decision on your request: Information in relation to the
medical issues working group CRM:0026002
Dear Emma Coats @ ACC Government Services,
Thank you for your update responding to my OIA Request of 10 May 2019 to
which you set out ACC's prior partial transfer of my request to MBIE, and
informed me of what parts of my request ACC are intending to provide
official information to me for, and restrictions on what is being
withheld, or not in existence.
It is noted that none of the official information that you have said has
been provided to myself with your letter, and in addition your letter has
not indicated either the expected date that the information that I have
requested will be provided to me by ACC Government Services, or does your
response include a date by which you will update me as to your progress of
compiling the official information that I have requested in my OIA request
of 10 May 2019.
You have made comment in your letter of 13 June 2019 that...and I quote;-
"Our decision, as set out above, complies with our obligations under
section 15 of the Act, which requires that decisions on requests are made
within the timeframes allowed under the Act."
I have reviewed your claim on behalf of ACC Government Services following
having read section 15A Extension of time limits, of the Official
Information Act 1982 which reads and I quote;
"15A Extension of time limits
(1) Where a request in accordance with section 12 is made or transferred
to a department or Minister of the Crown or organisation, the chief
executive of that department or an officer or employee of that department
authorised by that chief executive or that Minister of the Crown or that
organisation may extend the time limit set out in section 14 or section
15(1) in respect of the request if—
(a) the request is for a large quantity of official information or
necessitates a search through a large quantity of information and meeting
the original time limit would unreasonably interfere with the operations
of the department or the Minister of the Crown or the organisation; or
(b) consultations necessary to make a decision on the request are such
that a proper response to the request cannot reasonably be made within the
original time limit.
(2) Any extension under subsection (1) shall be for a reasonable period of
time having regard to the circumstances.
(3) The extension shall be effected by giving or posting notice of the
extension to the person who made the request within 20 working days after
the day on which the request is received.
(4) The notice effecting the extension shall—
(a) specify the period of the extension; and
(b) give the reasons for the extension; and
(c) state that the person who made the request for the official
information has the right, under section 28(3), to make a complaint to an
Ombudsman about the extension; and
(d) contain such other information as is necessary.
Section 15A: inserted, on 1 April 1987, by section 9(1) of the Official
Information Amendment Act 1987 (1987 No 8).
Section 15A(1): amended, on 1 April 1988, pursuant to section 90(d) of the
State Sector Act 1988 (1988 No 20)."
Official Information Act 1982,
I note that you have on behalf of ACC Government Services, in your letter
of response referenced 0054329 dated 13 June 2019, by not having specified
to me the period of the time extension ACC Government Services require in
excess of the standard 20 working day under the OIA 1982 limit that
commenced on the 10 May 2019, you have placed the Corporation in direct
breach of the following sections under the Official Information Act 1982;
ACC Government Services Breach 1 of my rights under the OI Act 1982 OIA in
response to my OIA 1982 Request of 10 May 2019;
Section 15 A, (4) (a) which states
(4) The notice effecting the extension shall—
(a) specify the period of the extension;
by not having advised me in your response letter (Ref:0054329) 13 June
2019, of the length of the extension ACC Government Services require to
compile and then provide me with the OIA information I requested on the 10
May 2019, ACC Government Services are in breach of Section 15A (4), (a) of
the OI Act 1982.
And in doing so ACC Government Services has also breached my rights under
the following additional sections of the OIA 1982;
ACC Government Services Breach 2 of my rights under the OI Act 1982 OIA in
response to my OIA 1982 Request of 10 May 2019;
Section 15 A (3) The extension shall be effected by giving or posting
notice of the extension to the person who made the request within 20
working days after the day on which the request is received.
Section 15 A (3) has been breached since ACC Government Services has
failed to effected the extension beyond the 20 working days from the 10
May 2019 being my initial OIA Request, by failing to have given or posted
notice of the extension to me, since the definition of "notice" under the
OIA 1982 Section 15 A (4) (b) requires ACC Government Services to have had
(4) The notice effecting the extension shall—(a) specify the period of the
extension; , for which ACC Government Services have failed in this
instance to have had done by failing to specify the period of extension
required in your letter Ms Emma Coats dated 13 June 2019.
ACC Government Services Breach 3 of my rights under the OI Act 1982 OIA in
response to my OIA 1982 Request of 10 May 2019;
Section 15 A (2) Any extension under subsection (1) shall be for a
reasonable period of time having regard to the circumstances.
Without ACC Government Services compliance with section 15 A (4 (a) of the
OIA 1982 which states
(4) The notice effecting the extension shall—
(a) specify the period of the extension;
ACC Government Services are unable to confirm to me or any other
regulatory oversight agencies that they have meet and satisfied Section 15
A (2) of the OI Act 1092 in that the Corporation by advising me of their
requirement for an extension under section 15 A (1) of the OIA 1982 on the
13 June 2019 in response to my OIA requests of 10 May 2019, because the
Corporation has failed to comply with section 15 A (4), (a) and specify
the period of extension required, that gives effect to the notice of
extension that the extended time required beyond the 20 working days from
10 May 2019 when I lodged my OIA request, was, or is, and will be
reasonable under section 15A (2) of the OI Act 1982, given the fact that
ACC has failed to in their letter dated 13 June 2019 (Ref: 0054329), to
have specified the period of the extension ACC Government Services Require
beyond the 20 working days from the 10 May 2019.
I therefore respectfully request Ms Emma Coats that you provide me on
behalf of ACC Government Services with an amended letter of response as
per your letter of 13 June 2019 (Ref: 0054329), with the only amendment
being that of you provide within the amended letter ACC's notice under
Section 15A, (4) (a) of the OI Act 1982, of the specified period of
extension the Corporation requires beyond the 20 working days that has
already expired since my original OIA Requests lodged with the Corporation
on the 10 May 2019, to be able to forward me the Official Information I
have requested. Upon confirmation of the specified period of Extension the
Corporation advises I will then be in a position to be able to determine
as to whether the period of extension to be advised is reasonable.
I thank you for your time and assistance Ms Coats and welcome your
returned amended notification letter which satisfies completely and wholly
section 15 A and it's subsections entirely for which I have addressed
above, and respectfully request that this is returned to me through the
[2]www.fyi,org.nz webstie under urgency, by the end of business close on
Tuesday 18 June 2019, with my reason for urgency under the OIA 1982 being
for the Corporation to rectify their current breaches of my rights under
sections
15A (2)
15A (3)
15A (4) (a)
Of the OI Act 1982.
Under s16(2) of the Official Information Act, my preferred way of
receiving a response is by email to the address from which ACC received
the original request, not by post.
Yours sincerely,
David Lawson
-----Original Message-----
Dear Mr Lawson, please find attached a decision on your request for
information relating to the Medical Issues Working Group.
Kind regards
Emma Coats
Disclaimer:
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information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
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attachments or disclose the contents to any other person."
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hide quoted sections
From: Thomas Whyte
Dear David,
Please see the attached response to your Official Information Act request.
Regards,
Thomas Whyte
Policy Advisor – Accident Compensation Policy
Labour & Immigration Policy | Labour, Science & Enterprise
Ministry of Business, Innovation & Employment
Email: [1][email address]
15 Stout Street | PO Box 1473, Wellington 6140 | Wellington
[2]http://mbieintranet/assets/MBIE-visual-i...
[3]www.govt.nz - your guide to finding and using New Zealand government
services
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hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora David
Please find attached our response to your official information request
dated 10 May 2019. 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 [3]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 [4]here.
Ngâ mihi
Emma Coats
Emma Coats, Manager OIA Services, ACC
Tel. 0800 101 996
ACC / OIA Services 2385 / Justice Centre - Level 7
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."
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