Risky claimants and claimant/client care indicators
Sue made this Official Information request to Accident Compensation Corporation
The request was refused by Accident Compensation Corporation.
From: Sue
Dear Accident Compensation Corporation,
This request is related to my request on May 29, 2024, regarding "Acts of violence by claimants against ACC employees in the work place".
I am writing to request the following information, which I request to be in the underacted form:
- ACC159 Client risk profile summary
- ACC2222 Remote Claims Unit referral form
- ACC29 File summary and overview
- ACC7408 Security guard request for ACC or a provider form (171KB).
- Activate Care Indicator
- Activate, review and remove a client Care Indicator
- Activating the Client Care Indicator
- Add a care indicator to a client's Eos record
- Advise a provider that a client has a care indicator
- Aggressive and threatening behaviour guidelines
- Arrange and order security
- Assess management plan.
- Assess RCU transfer request
- Assess Te Ara Tika transfer request
- Complete Te Ara Tika referral form
- Complete file summary and transfer ownership in Eos
- Complete RCU referral form
- Complete risk profile and make client management recommendation
- Confirm whether to issue written warning to client
- Contact client to confirm transfer.
- Create a purchase order
- Create or update management plan.
- Criteria for activating the care indicator
- Deactivate Care Indicator
- Follow up overdue management plan reviews
- Guidelines for making a client management recommendation.
- Guidelines for when to remove a care indicator
- Issuing a trespass notice
- Managing care indicated clients
- Managing unreasonable complainant conduct
- Ordering security for staff and provider safety.
- Removing a Client Care Indicator
- Request information from the police or other government agency
- Review identified management plan and assess Care Indicator
- Reviewing the Client Care Indicator
- Transfer ownership in Eos
- Transferring a client with a Client Care Indicator
- Transferring care indicated clients to another branch
- Transferring care indicated clients to Te Ara Tika
- Transferring care indicated clients to the RCU
- WorkSAFE: Dealing with aggressive/dangerous clients
If any of the above documents are no longer in effect then please provide me with the last version, and specify the date that it was archived. Please then provide me with the current equivalent, even if it is under a different name.
Please provide the information in an underacted, searchable pdf format. Ideally, this information would be provided as a list of links which are dedicated to ACC's policies, processes, forms, notices, etc. However, if that is not possible, providing them through FYI.org.nz works.
Thank you very much for all your help.
Sue
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
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.ombudsman.parliament.nz/
2. mailto:[email address]
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4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Sue
Please see the attached letter regarding your Official Information Act
request.
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
Christopher Johnston (he/him)
Manager | OIA Services
* 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: Government Services
Accident Compensation Corporation
Kia ora Sue
Please see the attached letter regarding your Official Information Act
request.
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
Christopher Johnston (he/him)
Manager | OIA Services
* 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
Rodney Whitworth left an annotation ()
Sue, I would not give an address, they will try to link it to a clients claim
From: Sue
Dear Government Services,
You have requested
a. Your full name and confirmation of your identity, and
b. the reasons for the request
I am a NZ citizen, which is sufficient for me to make a request under the OIA.
The AC Act requires ACC to make decisions which are reasonable (s 54). The Code (right 7) states ACC will respect our privacy.
ACC is only permitted to request information that is necessary for its purpose (See the Privacy Act 2020, IPP 1).
Information privacy principle 1
Purpose of collection of personal information
(1) Personal information must not be collected by an agency unless—
(a) the information is collected for a lawful purpose connected with a function or an activity of the agency; and
(b) the collection of the information is necessary for that purpose.
(2) If the lawful purpose for which personal information about an individual is collected does not require the collection of an individual’s identifying information, the agency may not require the individual’s
identifying information.
ACC's purpose is outlined in section 3 of the AC Act.
3 Purpose
The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic,
social, and personal costs), through—
(a) establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury:
(b) providing for a framework for the collection, co-ordination, and analysis of injury-related information:
(ba) ensuring that the Corporation monitors access to the accident compensation scheme by Māori and identified population groups in order to deliver services under this Act in a manner that supports access to the scheme by injured Māori and injured persons in those population groups:
(c) ensuring that, where injuries occur, the Corporation’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant’s health, independence, and participation:
(d) ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment:
(e) ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants’ Rights:
(f) ensuring that persons who suffered personal injuries before the commencement of this Act continue to receive entitlements where appropriate.
There is no reason for you to request my full name or confirmation of my identity. It does not serve ACC's legislative purpose, nor is it necessary for ACC to comply with an OIA request.
If it were necessary for ACC to make a request for my personal information, ACC can only do so after meeting the requirements set out in IPP 3 of the Privacy Act 2020.
Information privacy principle 3
Collection of information from subject
(1) If an agency collects personal information from the individual concerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of—
(a) the fact that the information is being collected; and
(b) the purpose for which the information is being collected; and
(c) the intended recipients of the information; and
(d) the name and address of—
(i) the agency that is collecting the information; and
(ii) the agency that will hold the information; and
(e) if the collection of the information is authorised or required by or under law,—
(i) the particular law by or under which the collection of the information is authorised or required; and
(ii) whether the supply of the information by that individual is voluntary or mandatory; and
(f) the consequences (if any) for that individual if all or any part of the requested information is not provided; and
(g) the rights of access to, and correction of, information provided by the IPPs.
(2) The steps referred to in subclause (1) must be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.
ACC has not provided me with the information required under IPP 3 of the Privacy Act 2020, and thus is not permitted to request my personal identifying information. This is a breach of obligations under the Privacy Act (IPP 3) and the Code (right 7).
The Privacy Act 2020 (IPP 4) states:
Information privacy principle 4
Manner of collection of personal information
An agency may collect personal information only—
(a) by a lawful means; and
(b) by a means that, in the circumstances of the case (particularly in circumstances where personal information is being collected from children or young persons),—
(i) is fair; and
(ii) does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
The Code (right 2) states: “(a) We will treat you fairly.”
I note that ACC has responded to many other OIA requests without requiring the information you have requested from me. This is not fair, and thus a breach of your obligations under the Code and the Privacy Act (IPP 4).
The only difference I can see between me and others that you have not requested personal identifiers from, is my sex. I see ACC does not require this information from men. ACC is prohibited under the Human Rights Act 1993 (s 21)from discrimination based on sex.
I have read enough of your publicly available policies and process to know that you will record these communications in EOS under my party file if I provide you with my full information. I have read enough to know that ACC has no controls in place to mitigate against unauthorised access to my personal information (required under IPP 5). Given ACC has nearly 4000 employees, with no access control, this means that I am at risk of more than 4000 people having access to my OIA requests and communications with ACC, which would occur without my knowledge or consent, without any authorisation or legitimate reason.
If I were to comply with ACC's unreasonable, unfair, and unlawful request, the result would be further breaches of my privacy (see IPP 5 and IPP 10).
As for my reason for making an OIA request. I do not have to provide you with a reason, because I am not a government employee nor do I represent a government agency. It is only government agencies, or agencies that hold personal information, that must provide reasons for decisions and requests. I refer to the OIA, the AC Act and the Privacy Act.
As a private, NZ citizen, I am entitled under the OIA - as in I have a legislative right - to request information from any NZ government agency(e.g., ACC) and ACC has a legislative obligation to provide that information.
An unfair, invasion of my privacy is not a legal reason to deny me the information.
Sue
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
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.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Sue
Please find attached a letter extending the time limit for making a
decision on your requests.
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
Christopher Johnston (he/him)
Manager | OIA Services
* 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: Government Services
Accident Compensation Corporation
Kia ora Sue
Please find attached a letter extending the time limit for making a
decision on your requests.
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
Christopher Johnston (he/him)
Manager | OIA Services
* 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: Government Services
Accident Compensation Corporation
Kia ora
Please find attached a letter in response to your below email.
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.
Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
------------------- Original Message
show quoted sections
Please use this email address for all replies to this request:
[FOI #27096 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://aus01.safelinks.protection.outlo...
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.
-------------------------------------------------------------------
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/
4. https://aka.ms/LearnAboutSenderIdentific...
5. https://fyi.org.nz/help/officers
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached a letter in response to your below email.
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.
Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
------------------- Original Message
show quoted sections
Please use this email address for all replies to this request:
[FOI #27096 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://aus01.safelinks.protection.outlo...
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.
-------------------------------------------------------------------
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/
4. https://aka.ms/LearnAboutSenderIdentific...
5. https://fyi.org.nz/help/officers
From: Sue
Dear Government Services,
You have not requested the minimal necessary information to process an OIA request which requires zero personal information. What does my name, address or any other personal information have to do with your willingness to provide copies of ACC policies?
Ask yourself who, outside of NZ, would know about or give two tosses about ACC and ACC's policies? The only people who make requests for information from ACC are claimants, family and friends of claimants who have been adversely affected by ACC decisions, claimant's legal representatives and NZ reporters.
I again note that your treatment of me is inconsistent with your treatment to others, and the only difference I can see is my gender.
Please process my request.
Yours sincerely,
Sue
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
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.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached our response to your official information request
dated 29 and 31 May 2024. 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
Christopher Johnston (he/him)
Manager | OIA Services
* 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: Government Services
Accident Compensation Corporation
Kia ora
Please find attached our response to your official information request
dated 29 and 31 May 2024. 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
Christopher Johnston (he/him)
Manager | OIA Services
* 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/
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Rodney Whitworth left an annotation ()
Sue, you should read ACC Treatment Provider Handbook, Dealing with challenging behaviour
Dealing with an aggressive patient
Patient violence against providers is uncommon in New Zealand. However, some providers may find themselves on the receiving end of verbal abuse and on rare occasions physical assault. Dealing with an aggressive or violent patient can be a huge challenge for you and your practice colleagues.
Treatment
In most cases patients are keen to get back to everyday life or work. Others, owing to injury or debilitation, take out their frustrations on treatment providers and may blame the broader accident compensation and rehabilitation system.
There may or may not be a direct connection between a patient’s behaviour and their presenting condition. Abusive or threatening behaviour can also stem from compensation issues such as entitlement, eligibility for treatment or investigation, the legitimisation of a claim, and issues of cooperation in rehabilitation.
How we can help
It’s important that you let us know about any violent and/or aggressive patients who are also our clients. We can help you to assess the situation and determine whether other known factors are contributing to the hostility.
If mental injury is a factor
If a patient has developed a mental illness post injury and this appears to contribute significantly to their aggression or violence, we can help by providing psychiatric evaluations and therapy or psychologist referrals. In these cases our staff can be crucial in working with you to rehabilitate the patient and help with your patient relationship.
If pain is a factor
If chronic pain resulting from an injury is central to a patient’s frustration and escalating hostility, we can offer pain management options. This type of support could help you with returning your patient to everyday life and work. For more information, see Managing pain.
We also train our client service staff to deal with difficult or hostile clients, so they can support you in getting information from these patients. ACC staff usually hold interviews in rooms that offer some protection and security for participants.
Preventing or handling attacks
Sudden, violent attacks are rare; most incidents are preceded by mounting tension, frustration or escalating threats. To help you recognise the warning signs and take appropriate action practical guides are available through many professional bodies, including the New Zealand Medical Association and the Royal New Zealand College of General Practitioners. Working and communicating with a patient, their family/whānau, associated staff and other providers, can go a long way to reducing or eliminating a patient’s hostility.
For example, there are steps that you can take before a patient arrives, when they make appointments, when they are on your premises, while the consultation/visit is underway, and if they become violent.
Here are some essential points to remember and develop in assessing the risks of and managing these situations:
ACC Treatment Provider Handbook 2015
Link to this