What to expect before and during an ACC review process
Anon made this Official Information request to Accident Compensation Corporation
Response to this request is delayed. By law, Accident Compensation Corporation should normally have responded promptly and by (details and exceptions)
From: Anon
Dear Accident Compensation Corporation,
I have been trying to find information on line as to what to expect after lodging a complaint or questing a review. I thank you for the internal policies that are available. These are helpful, but I'm looking for something a 12-year-old would understand, or a 95-year-old granny.
Both the Community Law and AustLii have information on their websites. They use plain language. They say the review is informal - that it's more of a conversation. They say the review is an opportunity for both ACC and the Claimant to discuss the issues, to ask questions of one another and the witnesses (doctors or witnesses of the accident).
I can't find similar information on ACC's, FairWay's or ICRA's website.
My request is for guidance, best practice, training documents, training videos, and other similar information which describe and provide concrete examples of when reviewers, complaint team members, and review specialists are getting it right and when they are getting it wrong. I ask for the information held by ACC, FairWay, ICRA and the Navigation Service Providers - see section 2(5) of the OIA.
If any of the information is already publicly available, please provide me with a link. If ACC, FairWay, ICRA or the Navigation Service Providers have posted online instructional videos that show enactments of mock reviews then please send me those links. If those videos are held internally, then I request ACC provide a link to the videos on ACC's website so the public and I have access to watch them.
Ta,
An
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...
From: Government Services
Accident Compensation Corporation
Kia ora Anon
Please find attached a letter regarding your request for information.
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.
show quoted sections
From: Anon
Dear Government Services,
I request justification for your response given ACC has already provided me with responses to my other OIA requests, with no request for proof of identification. I note, ACC has not made the same requests of other individuals who have made OIA requests to ACC. ACC's response appears to me to be inconsistent with ACC's legislative obligation to be "fair". In treating me differently from every other person on this website, ACC has treated me unfairly.
Your request is also unreasonable. I refer to the ACC code of claimant's rights and ACC's legal obligations under section 54 of the Act.
I note that responding to requests for information, under the Code, does not require me to provide my proof of residency, proof of citizenship, or any other proof of ID. The Accident Compensation Act applies to any person who has an accident in NZ regardless of national origin.
Yours sincerely,
An
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...
From: Government Services
Accident Compensation Corporation
Kia ora
ACC has asked other requesters for additional information to ensure the
requirements under section 12 the Official Information Act (the Act) have
been met.
Requests for information are responded to under the Official Information
Act (the Act), not the Code of Claimant's Rights. Therefore, any decisions
on responses are made in accordance with the Act.
As mentioned in our letter of 27 October 2023, once ACC receives this
additional information from you and is satisfied that the requirements of
section 12 have been met, we will acknowledge your request and begin to
consider a decision under the Act.
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
From: Anon
Dear Government Services,
I again reiterate. Your demand is unfair and disrespectful. You have not made similar demands to others. Please refer to the Code.
Right 1 You have the right to be treated with dignity and respect
(b) We will treat you with honesty and courtesy.
Right 2 You have the right to be treated fairly, and to have your views
considered (a) We will treat you fairly.
You are legally required to provide information under the Code, not just the OIA.
Right 5 You have the right to effective communication.
(a) We will communicate with you openly, honestly, and effectively.
(b) We will respond to your questions and requests in a timely manner.
You have not communicated with me openly, honestly and effectively, You have not responded in a timely manner.
Right 6 You have the right to be fully informed
(b) We will keep you fully informed.
I have requested that you keep me, and the public fully informed, yet you are creating road blocks.
Right 7 You have the right to have your privacy respected.
(a) We will respect your privacy.
(b) We will comply with all relevant legislation relating to privacy.
You are not respecting my privacy. There is no legitimate reason for demanding my name, or any of the documents you have listed, in order to provide me with answers to my questions - which you are legally obliged under the Accident Compensation Act 2021 (ss 40, 41, 45) and the Code.
Right 8 You have the right to complain.
(a) We will work with you to address problems and concerns.
(b) We will inform you about options available for resolving problems and concerns.
I have already complained. I would like to maintain my privacy. I would like you to work with me to address this issue and concern. I would like you to resolve this issue. The way you resolve this issue is to provide me and the public with the information ACC is legally obliged to provide under the AC act and Code.
Please show me where under the AC act, you have a right to demand my particular information, in order to answer what should be simple questions, that should already be provided on your website, but is not. Why is ACC so afraid to be transparent about the review process?
Yours sincerely,
An
From: Anon
Dear Government Services,
You claim you have made similar requests to others. Please direct me to the specific OIA responses on FYI.org.nz where you have demanded the same information, especially after already replying to the persons OIA requests.
Yours sincerely,
An
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...
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...
From: Government Services
Accident Compensation Corporation
GOV 028422 Independent Reviewer Quality Framework.pdf
755K
Download
View as HTML
GOV 028422 Response.pdf
206K
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View as HTML
GOV 028422 Induction Guide.pdf
1.9M
Download
View as HTML
Kia ora Anon
Please find attached our response to your official information request
dated 16 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
Visible links
1. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
From: Anon
Dear Government Services,
I still have not been provided the information I requested. Under section 2(5) of the OIA, all documents pertaining to reviews which are held by ICRA and FairWay are considered to be held by ACC. The documents you provided to no provide any information on how reviews are to be held, or what evidence is necessary to assess whether a review was held in a manner consistent with the law.
The scoring guide states that "referencing arguments" is evidence of "principles of natural justice" and "investigatory approach". The definition of "investigate" is "to search into so as to learn the facts; inquire into systematically". This would require evidence. It would require asking questions of the decision makers. However, I'm not seeing any reference to this. There is no information about what parties will be present. The calling of witnesses. There is no information about the evidence ACC is supposed to supply for the review. There is no information about "due diligence" in decision making.
I appreciate you having provided the Resolution Services Review Guide, but I note this is instructions for ACC employees rather than reviewers. Please provide all of the documents held by ICRA and FairWay regarding the conduct of a review. Who should be present from ACC? How claimants are to call witnesses, including all decision makers on the claims so that questions can be asked of them? How the reviewer verifies that ACC has complied with all of ACC's polices and processes, such as the Resolution Services Review Guide before commencing with a review?
Please provide information as to who is responsible for ensuring that the Resolution Service Review Guide is followed (and ACC internal policies) prior to ACC scheduling a review? For instance, discussing the issues with the claimant prior to scheduling a review discussing alternative dispute resolution service (conciliation, facilitation, or mediation) and making them available to the claimant before scheduling a review, and discussing the relevant documents to be disclosed with the claimant prior to the disclosure of the documents? Please provide the information on the steps a claimant is supposed to take when the review specialist does not follow the Resolution service Review Guide or ACC's other process, guidance and/or policy documents.
Thank you for your help.
Yours sincerely,
Anon
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...
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