27 June 2024

Karl Bloxham
[FYI request #27068 email]

Kia ora Karl

Your Official Information Act request, reference: GOV-032739
Thank you for your email of 30 May 2024, asking for the fol owing information under the Official
Information Act 1982 (the Act):
I request information in relation to ACC’s Treatment Providers Handbook in particular
“Medical certificates (ACC18)” under this section is a subsection “Discussing
confidentialities” which states “If you’d like to talk to us about matters that you’re not
comfortable writing onto a client’s ACC18, please tick the option I would like to discuss this
with the client’s case manager.
Please advise, if the client request a copy of the information held by ACC about them, will
ACC release the details of the conversation between the medical practitioner, or will it be
withheld as its confidential?
Please advise on what basis does ACC invite a medical practitioner to break the
confidentially and privacy of a patient?

Release of client information
Clients can request a copy of information held by ACC about them under the Privacy Act 2020. Information
about an individual can only be refused if one of the withholding grounds within the Privacy Act applies. For
example, if one of the grounds within section 49 applies, then information could be withheld. However, this
would depend on the nature of the information.

You can read the withholding grounds online here:
https://www.legislation.govt.nz/act/public/2020/0031/latest/LMS23223.html

Discussing confidentialities
The Health Information Privacy Code 2020 applies to health agencies (including doctors and nurses)
regarding col ecting and disclosing health information about individuals. Rule 11 provides limits on
disclosure of health information. Rule 11(2) includes exceptions to these limits. One of these exceptions
might be the reason a provider chooses to disclose information without the client’s authority. You can read
about this here: https://www.privacy.org.nz/assets/New-order/Privacy-Act-2020/Codes-of-practice/Health-
information-privacy-code-2020/HIPC-Amendment-No-1/Consolidated-Code-incorporating-Amendment-No-
1.pdf

Please also find attached the following relevant internal process documents:
•  ‘Track Recovery’ (see page 3, and the final note of section 2.0(c)). ‘
•  ‘Limits on using and disclosing information Policy’

GOV-032739 Page 1 of 2

As staff names were not requested, they have been deemed out of the scope of your request and removed.

If you have any questions about this response, please get in touch
You can email me at [email address].

Ngā mihi

Christopher Johnston
Manager Official Information Act Services
Government Engagement

GOV-032739 Page 2 of 2

Document Outline