19 August 2021
Anthony Jordan
[FYI request #16230 email]
[email address]
Tēnā koe Anthony
Your Official Information Act request, reference: GOV-012980
Thank you for your email of 27 July 2021, asking for the following information under the Official
Information Act 1982 (the Act):
1.
Financial Assistance available to Claimants to have their files uplifted from an Asbestos restricted
site such as DHB etc
2.
Assistance whereby the ACC could contract an approved individual or approved company to
enter an Asbestos affected site and uplift archived Claimants records
In a second email of 28 July 2021
, you asked for
the fol owing information under the Act
:
1.
Process the ACC uses, when a Claimant brings to the attention to the ACC, that a Claimant
cannot Obtain Living Files from an Asbestos Restricted archive Room/Facility
2.
Process the ACC uses to Eliminate/Minimize Predjudice outcomes to a Claimant Conciliation
Hearing when such files can not be obtained (out of the control of Claimant)
3.
Process the ACC uses to Eliminate/Minimize Predjudice outcomes to a Claimant Review Hearing
when such files can not be obtained (out of the control of Claimant)
4.
Process the ACC uses to Eliminate/Minimize Predjudice outcomes to a Claimant District Court
Hearing when such files can not be obtained (out of the control of Claimant)
5.
Process the ACC uses to Eliminate/Minimize Predjudice outcomes to a Claimant High Court
Hearing when such files can not be obtained (out of the control of Claimant)
As al your questions are about restrictions preventing a claimant from obtaining their medical files, we
are responding to both requests in this letter.
Financial assistance
There is no financial assistance available from ACC for a claimant to retrieve or uplift their medical
records from any treatment provider, whether the facility has been identified as an asbestos restricted
site or not.
If ACC requires medical records to help make a cover or an entitlement decision on an ACC claim, we will
request the claimant’s medical information directly from their treatment providers, such as their
General Practitioner, District Health Board, physiotherapist, chiropractor etc. ACC pays the provider
directly for any cost they incurred to provide a claimant’s medical records.
If a person requests information about themselves from a public health sector agency (eg a District
Health Board), the person cannot be charged a fee for this. If a person requests information from a
private sector agency, such as a dentist, they may incur a charge if the dental agency has provided the
same information to the requester in the last twelve months.
GOV-012980
The process ACC uses to eliminate/minimise prejudice outcomes when a claimant cannot obtain living
files from an Asbestos Restricted archive Room/Facility
ACC does not have a process relating to the scenario you have described. Therefore, we are refusing
your request for this information because it does not exist. This decision is made under section 18(e) of
the Act.
Who to contact
If you have any questions, you can email me at
[email address].
If you are not happy with this response, you have the right to make a complaint to the Ombudsman.
Information about how to do this is available at
www.ombudsman.parliament.nz or by phoning 0800
802 602.
Nāku iti noa, nā
Sasha Wood
Manager Official Information Act Services
Government Engagement & Support
Accident Compensation Corporation
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