List of all injury prevention projects, programmes and 'one off' funding allocations by ACC during the 2018/19 financial year
Julie Chambers made this Official Information request to Accident Compensation Corporation
The request was partially successful.
From: Julie Chambers
Dear Accident Compensation Corporation,
Please provide a list of all projects, programmes and 'one off' funding allocations ACC budgeted to be provided for the purpose of injury prevention activity, separately for each of the following financial years - the 2016/17 year; and the 2017/18 year; and the 2018/19 year.
For each of these programmes, projects or fund allocations please identify, separately for each of the financial years, the:
a) Identifier, that is, name used as the reference for the programme, project or fund allocation;
b) Total sum of funding allocated by ACC for each of these, during each financial year.
c) The names of all, or any government organisations (including ministries, departments, crown entities, and crown owned companies) to be in receipt of all, or any of this funding for each of these programmes, projects or fund allocations.
d) the names of all, or any other organisations (including non-government agencies, organisations, and or private companies) to be in receipt of all, or any of this funding for each of these programmes, projects or fund allocations.
Please provide these reports electronically as a preference.
Please note that 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 faithfully,
Julie Chambers
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.
Depending on the nature of your request you may not receive an official
response for up to 20 working days. We will try to respond 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.
Ngâ mihi
OIA Services Team
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
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From: Government Services
Accident Compensation Corporation
Kia ora Julie,
Thank you for your email of 22 November, asking for the following
information under the Official Information Act 1982 (the Act):
1. A list of all projects, programmes and 'one off' funding allocations
ACC budgeted to be provided for the purpose of injury prevention activity,
separately for each of the following financial years - the 2016/17
year; and the 2017/18 year; and the 2018/19 year.
2. For each of these programmes, projects or fund allocations please
identify, separately for each of the financial years, the:
a) Identifier, that is, name used as the reference for the programme,
project or fund allocation;
b) Total sum of funding allocated by ACC for each of these, during each
financial year.
c) The names of all, or any government organisations (including
ministries, departments, crown entities, and crown owned companies) to be
in receipt of all, or any of this funding for each of these programmes,
projects or fund allocations.
d) the names of all, or any other organisations (including non-government
agencies, organisations, and or private companies) to be in receipt of
all, or any of this funding for each of these programmes, projects or fund
allocations.
Consideration of your request
We have recently been able to extract the requested data allowing us to
thoroughly consider the size and scope of your request.
The information you have requested includes more than 100 ACC injury
prevention programmes with funding provided to more than 800 organisations
involved in the provision of these programmes.
As the requested information pertains to parties other than ACC, we are
required to consult with each party whose information would be released.
Because in this instance there is a substantial number of parties we need
to obtain the relevant contact information for we are considering whether
this request should be refined, extended or declined in part. The
Christmas period is not included in the legislated working timeframe for
OIA requests and therefore early indications of an extension timeframe
would sit around the eight-week mark.
Options
We have considered the options available which would allow us to provide
information to you We ask that you consider whether any of the below
options would be suitable to you and if you’d agree to refine your request
in line with these:
1. We can provide a list of all injury prevention programmes, the
allocated funding of each over the specified years and their identifier
codes, satisfying parts 1, 2(a) & 2(b) of your request;
2. We can provide a list of all injury prevention programmes, the
allocated funding of each over the specified years, their identifier codes
and the individual payments made with the organisation names either
redacted or anonymised, satisfying parts 1,2(a) & 2(b) of your request in
full, and parts 2(c) and 2(d) in part; or
3. You may wish to suggest another form of refinement which would be
suitable to you.
If none of the above options are suitable to you, we will continue to work
on your request and notify you of our decision, on or before Friday 20
December 2019 (20 working days from the date of your request) as required
under the Act.
I look forward to your response.
Kind Regards
Sasha Wood
Acting Manager Official Information Act Services
Government Engagement & Support
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From: Julie Chambers
Dear Accident Compensation Corporation (Sasha Wood) ,
Thank you for your reply cited below - You state that:
"The information you have requested includes more than 100 ACC injury
prevention programmes with funding provided to more than 800 organisations
involved in the provision of these programmes..."
You have offered a reply which will exclude the identification of those organisations to whom ACC has provided funding,on the basis that -
" As the requested information pertains to parties other than ACC, we are
required to consult with each party whose information would be released..."
Please can you identify the exact section, clause or words of legislation that requires ACC to consult the crown organisations, companies (public and private), incorporated societies, charitable trusts, trusts and other non-private persons to whom ACC has provided monies (in return for injury prevention services), before identifying those organisations as recipients of ACC funding and releasing this as part of the response to my request?
If this reference is not available, please proceed as requested.
For payments of ACC monies made in circumstances where ACC has provided funding to private persons (for injury prevention programmes), then the redaction of the name of that private person is acceptable, where this is accompanied by all other information (as requested and offered) in regards to that payment (as per point 2 of your reply). Thank you.
Yours sincerely,
Julie Chambers
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.
Depending on the nature of your request you may not receive an official
response for up to 20 working days. We will try to respond 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.
Summer holidays information:
· Please note, the three weeks between Christmas Day and 15
January the following year don't count as working days if you are
requesting official information. For more information please see the
Ombudsman OIA response calculator at:
[5]https://www.ombudsman.parliament.nz/.
· Government Services will be closed between Christmas Day and 5
January 2020.
Ngā mihi
OIA Services Team
OIA Services, ACC
Tel. 0800 101 996
ACC / OIA Services 2385 / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / [6]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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2. https://www.facebook.com/ACCNewZealand/
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5. https://www.ombudsman.parliament.nz/
6. http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Julie,
Thank you for your response regarding our request to refine the scope of
your OIA.
The OIA permits agencies to complete consultation, including allowing the
extension of timeframes under Section 15A(1)(b) when necessary to make a
decision on the request.
The Ombudsman’s
([1]https://www.ombudsman.parliament.nz/reso...)
guide states that agencies should consider if consultation is necessary
and appropriate in the circumstances of a particular case, specifically
considering if the information at issue:
* Is about a third party;
* Was supplied by a third party; or
* Could adversely affect a third party if released eg, impact on their
privacy or lead to harassment, risk their safety, breach an obligation
of confidence, or prejudice their commercial position.
Considering the above, ACC believes we should provide the third parties
the opportunity to comment on the financial information we propose to
release. We therefore again request that you consider refining your
request, and advise us your decision by 5pm Friday 13 December.
Kind Regards
Sasha Wood
Acting Manager, OIA Services
Government Engagement & Support
------------------- Original Message
show quoted sections
Please use this email address for all replies to this request:
[FOI #11707 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://fyi.org.nz/help/officers
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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From: Julie Chambers
Dear ACC,
1. My OIA request was to receive a list of all projects, programmes and 'one off' funding allocations ACC budgeted for injury prevention activities, for each of the financial years - 2016/17; 2017/18; 2018/19. This included the names of organisations to be funded and the amount of funding allocated to each.
2. You replied: “The information you have requested includes more than 100 ACC injury prevention programmes with funding provided to more than 800 organisations. As the information pertains to parties other than ACC, we are required to consult with each party whose information would be released...” Bold emphasis is mine.
3. You suggested I modify my request, offering several options.
4. I responded by requesting reference to legislation which requires ACC to consult third parties prior to releasing information requested under the OIA Act.
5. You referred to an Ombudsman’s Guide and explained that before responding to an Official Information Act request which releases information about a third party, ACC must consider whether consultation with that third party is appropriate.
6. In contrast, the Ombudsman Guide states, “Consultation with third parties on an OIA request is permitted, but not required under the OIA” .
7. The Ombudsman’s Guide states that consideration should be to consultation given when, if released to the public, any information might “lead to harassment, risk their safety, breach an obligation of confidence, or prejudice their commercial position”. You stated, “Considering the above, ACC believes we should provide the third parties the opportunity to comment on the financial information we propose to release.”
8. ACC’s decision to withhold the names of organisations on this basis of this perplexing because;
a. First, a portion of the 800 organisations are state sector organisations, to whom the OIA applies. Yet you claim a requirement to consult them due to their vulnerability.
b. Second, as evidenced by the frequent display of ACC logos in the community, service providers appear proud to advertise their association with ACC, and their obvious receipt of public funding from it.
c. Third, many ACC provider contracts permit and require the identification of ACC as a funder.
d. Finally, it is not simply credible for ACC to claim the issues outlined by the Ombudsman (such as this will pose a risk to safety or prejudice a commercial position) would result from releasing information about the payment of public money to public sector organisations, incorporated societies, charitable trusts or businesses so they can deliver public health (injury prevention) programmes.
9. In summary, as ACC, you are claiming it is necessary to withhold the names of all organisations funded to deliver injury prevention interventions because, you claim, consultation is required for all 800 organisations, because in ACC's judgement, the release of this information might be adverse to all of those organisations.
10. Please be advised my request stands as originally submitted.
11. However, I invite ACC to look at the names of the organisations on the list (as you have previously said you have) and redact the names of any parties you believe will experience any of the various negative consequences outlined by the Ombudsman’s Guide, should the public be advised that particular organisation was (or are) in receipt of ACC funding for injury prevention services. Thank you.
Yours sincerely,
Julie Chambers
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.
Depending on the nature of your request you may not receive an official
response for up to 20 working days. We will try to respond 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.
Summer holidays information:
· Please note, the three weeks between Christmas Day and 15
January the following year don't count as working days if you are
requesting official information. For more information please see the
Ombudsman OIA response calculator at:
[5]https://www.ombudsman.parliament.nz/.
· Government Services will be closed between Christmas Day and 5
January 2020.
Ngā mihi
OIA Services Team
OIA Services, ACC
Tel. 0800 101 996
ACC / OIA Services 2385 / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / [6]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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
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.facebook.com/ACCNewZealand/
3. https://twitter.com/accnz?lang=en
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5. https://www.ombudsman.parliament.nz/
6. http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Julie,
Please see the attached letter regarding ACC's decision to extend your OIA
request.
Please do not hesitate to contact us should you have any questions.
Kind Regards
Sasha Wood
Acting Manager, OIA Services
Government Engagement & Support
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
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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
Kia ora Julie
A number of the organisations that we have consulted with, with respect to the information about them that we propose to release to you, have asked if we can provide the name of the requestor.
As you made your request on a public facing website, your name is already public - therefore we propose to advise those organisations that requested this information your name.
Kind Regards
Sasha Wood
Acting Manager Official Information Act Services Government Engagement & Support
show quoted sections
From: Julie Chambers
Kia ora ACC,
Thank you advising me ACC intends to personally identify me in its correspondence as an individual seeking to know which organisations ACC has identified as skilled in the delivery of public health (injury prevention) services, what programme(s) those organisations were involved in delivering and how much funding ACC allocated, for that purpose.
Thank you for this advice. You are correct in pointing out this request is made on a public website.
I remind you of my invitation for ACC to redact the names of any parties ACC believes will experience any negative consequences outlined by the Ombudsman’s Guide, should the public be advised that particular organisation was in receipt of ACC funding (in full or part) for delivering injury prevention services. This means the names of organisations released in ACC's public response, will be released at ACC's discretion.
Kind regards,
Julie Chambers PhD
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.
Depending on the nature of your request you may not receive an official
response for up to 20 working days. We will try to respond 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.
Ngā mihi
OIA Services Team
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:
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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
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: Government Services
Accident Compensation Corporation
GOV 002715 Appendix 1.pdf
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GOV 002715 Appendix 2.pdf
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GOV 002715 Response.pdf
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Kia ora Julie
Please find attached our response to your official information request
dated 22 November 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 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
Sasha Wood, Acting Manager OIA Services, ACC
ACC cares about the environment – please don’t print this
email
unless it is really necessary. Thank you.
Disclaimer:
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information. If you believe you have received this email in error, please
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From: Julie Chambers
Dear ACC
1. Injury prevention is a primary purpose of the Accident Compensation Corporation (ACC).
2. This Official Information Act request was submitted on 22 November 2019. with the simple objective of better understanding the projects and programmes ACC undertakes to achieve that purpose. Information was sent, but the substance of the request was declined.
3. The legislation defining ACC states its purpose is to enhance the public good and reinforce the social contract represented by the first Accident Compensation Scheme. ACC must achieve this by reducing the incidence and severity of personal injury, delivering rehabilitation services and providing compensation for personal injury (Accident Compensation Act (2001) Part 1 Section 3).
4. The term ‘public good’ is used in the Act and sets the expectation that ACC will deliver measures to minimise the incidence and severity of injury events across for all New Zealanders (Accident Compensation Act (2001) Part 1 Section 3).
5. What is effective for injury prevention is known. Injury prevention science has advanced significantly since the Scheme’s inception. National injury prevention priorities can be very adequately informed by injury surveillance methods and many injury events prevented through the effective and sustained delivery of proven interventions. Those interventions can be evaluated, and their impact understood by best practice data management and robust research methodology (WHO – Injuries and inequalities; Guidance for addressing inequalities and unintentional injuries 2014).
6. ACC repeatedly claims a return on investment for its injury prevention interventions. Given this performance, and the resources ACC has available for delivering its legislated purpose, New Zealand could be an exemplar and a world leader in avoidable injury prevention (ACC Annual Reports 2012-2019).
7. Yet New Zealand’s injury prevention delivery remains patchy. There is considerable evidence in of significant inequalities in health and injury impact between New Zealand socioeconomic groups, ethnic groups, people living in different geographical regions and between males and females (Acheson, 1988; Howden-Chapman & Tobias, 2000).
8. A recent OCED report on New Zealand’s workplace mental illness services identified major inadequacies in comparison to other OECD countries. The report states “many support and prevention services and initiatives are insufficiently resourced and have to draw their resources from several government and non-government donors. Most initiatives are initially set-up as experiments, and many remain in a trial phase for years if not forever. Trials rarely cover the entire country and even if a service is rolled-out nationally, it appears that the accessibility and availability of support varies considerably across the country” (OECD; Mental health and work 2018).
9. The Accident Compensation Act prevents individuals from bringing action for compensation due to injury (Accident Compensation Act (2001) Part 9 Section 317). This constraint is somewhat tempered by s.319 which provides that nothing prevents a person from bringing proceedings for exemplary damages in respect of the personal injury covered by the present or former Acts. This is a penalty, not compensation and is not based on liability in the civil sense of negligence, but is against "the irresponsible, malicious or oppressive use or power if accompanied by an insult, or contumely, which touch the life or ordinary men and women” Cooke P. Donselaar v Donselaar [1982]1 NZLR 97 (CA).
10. Given the Accident Compensation Act’s removal of the right of individuals to take legal action for compensation in the event of injury, Justice Woodhouse’s emphasis on ‘community responsibility’ as a founding principle of the Scheme and the legislative imperative for ACC to enhance the ‘public good’, it is reasonable to expect that ACC will strive to deliver best practice injury prevention. It is also a reasonable expectation that ACC, with its standing as a government agency and substantial resources, will have the confidence to openly engage in consultation with the wider community about its injury prevention programmes.
11. Justice Woodhouse also envisaged future ACC leadership would apply the philosophy and principles on which the scheme is based (Compensation for personal injury in New Zealand – Report of the Royal Commission of Inquiry 1967; Clause 495).
12. Re ACC’s OIA response: Thank you for providing detail of monies paid to organisations for the delivery of injury prevention programmes during each of the three consecutive financial years (2016/17; 2017/18; 2018/19). This information is appreciated but it is not the information requested.
13. The request made in November 2019 was for "...funding allocations ACC budgeted to be provided for the purpose of injury prevention activity...". Therefore, my request did not require ACC to release details of monies paid, but of estimates made by ACC for their projected expenditure.
14. In the process of replying to my request, you informed me ACC proposed to advise organisations of my name and the fact I had personally requested the release of their information. You stated you could do so, because my request was posted on the www.FYI.org.nz website.
15. The explanation given by ACC for not providing the requested information is that "ACC does not set specific funding allocations or budgets for injury prevention projects. We forecast the estimated spend for injury prevention business cases that have been approved or are to be considered for the upcoming financial year." The phrase "forecast estimated spend” is synonymous with the word 'budget'. A budget is the estimated (forecast) spend (expenditure) for an upcoming financial year. This means you have confirmed the existence of budget estimates for annual injury prevention expenditure.
16. Please confirm that ACC are declining to release the information requested and the reasons for doing so under the Act.
Yours sincerely Julie Chambers
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.
Depending on the nature of your request you may not receive an official
response for up to 20 working days. We will try to respond 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.
Ngā mihi
OIA Services Team
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."
References
Visible links
1. https://www.acc.co.nz/
2. https://www.facebook.com/ACCNewZealand/
3. https://twitter.com/accnz?lang=en
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Julie,
Thank you for your email of 25 February 2020 seeking to further clarify
ACC’s OIA response of 21 February 2020 (ref GOV-002715).
I can confirm that the information we provided you in Appendix 1 is ACC’s
annual Injury Prevention Expenses estimates. These are completed for the
upcoming financial year in February. Please note that these estimates are
not completed at a more granular level than that provided ie we complete
estimates at a programme level, not a provider/business level.
The numbers provided to you in our response are not actual spend, but
forecast or budgeted spend as requested by you. These numbers are forecast
estimates only, and may differ to the final end-of-year spend.
ACC is satisfied that it has responded to your request and that the only
information withheld is as outlined in our response letter. If you are not
happy with ACC’s response, you have the right to make a complaint to the
Ombudsman. Information about how to do this is available at
[1]www.ombudsman.parliament.nz or by phoning 0800 802 602.
Kind Regards
Sasha Wood
Acting Manager Official Information Act Services
Government Engagement & Support
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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