Claimant's Rights - Care indicators, communication plans, and redirection of emails
Sue made this Official Information request to Accident Compensation Corporation
This request has an unknown status. We're waiting for Sue to read recent responses and update the status.
From: Sue
Dear Accident Compensation Corporation,
My earlier request was about ACC's rights. I now make a request for information about claimants' rights.
There are many Acts that confer rights on individuals, and obligations on ACC. The Accident Compensation Act, the Code of ACC Claimants’ Rights, the Privacy Act, the Health Information Privacy Code, the Official Information Act, the NZ Bill of Rights Act, the Human Rights Act, and the HDC’s Code Consumers' Rights are just a few.
The Accident Compensation Act provides a right to have ACC's decisions reviewed.
The purpose of the Code includes:
(a) conferring rights on claimants and imposing obligations on ACC in relation to how ACC should deal with claimants;
(b) providing for the procedure for lodging and dealing with complaints about breaches of this Code by ACC; and
(c) providing for the consequences of, and remedies for, a breach of this Code by ACC; and
(d) describing how and to what extent ACC must address situations where its conduct is not consistent with, or does not uphold, the rights of claimants under this Code; and
(e) explaining a claimant’s right to a review of a decision made under this Code about a claimant’s complaint.
The NZ Bill of Rights Act affirms the following rights to people, not agencies.
14 Freedom of expression
Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.
21 Unreasonable search and seizure
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence
or otherwise.
27 Right to justice
(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.
In reading ACC's polices, processes, rules, guidelines, procedures, I see no reference to how ACC ensures that:
(1) claimants are informed of ACC's decisions regarding care indicators; and
(2) claimants are provided an opportunity to correct any information in ACC’s care indicators (because if you don’t know they exist, you cannot ask for a correction); and
(3) claimants are given an opportunity to be heard and challenge the decisions by ACC to
(i) implement a care indicator,
(ii) implement a communication plan, or
(iii) implement a plan that involves the redirection of their personal communications to an unintended recipient, without their informed consent.
These policies, documents, rules, guidelines and other documents all appear to be inconsistent with the law, advice by the Ombudsman, the Privacy Commissioner, and the Courts.
Request 1: I request ACC's position regarding claimant's rights to review ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.
Please specify if it is ACC's position that the claimant's right to review the decision occurs before or after ACC implements:
(a) a care indicator,
(b) a communication plan, and/or
(c) a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.
Request 2. I request ACC's position regarding the claimants' right to the principles of natural justice (NZ BoRA, s 27), which is a right to be heard or challenge ACC's decision, prior to ACC’s implementation of ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.
Request 3. If ACC's position is that ACC has the obligation to uphold the claimant's right to principles of natural justice or right to review, I request the policy, process, guidelines, procedures, rules or other documents, or, if no document exists, a description of the steps taken by ACC to ensure that the claimant's rights to the principles of natural justice and review are upheld prior to the implementation of ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.
Request 4. If it is ACC's position is that ACC DOES NOT have an obligation to uphold the Claimant's right to principles of natural justice (NZBoRA, s 27) or a right to review ACC's decision, please direct me to the specific Act and section of the Act, that states ACC is excluded from obligations under NZBoRA or that such decisions are excluded from review.
The description of the care indicators, communications plans, and the redirection of personal communications, all appear to be consistent with breaches of ACC's obligations under the
(a) the Accident Compensation Act (sections 40, 41, 45 and 54),
(b) the Code of ACC's Claimants' Rights (in the entirety),
(c) the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9, IPP10, and IPP 11),
(d) the OIA (s 12, 21-24; and
(e) NZBoRA (rights 14, 21 and 27).
Request 5: l request a list of all of the authorities (government agencies, including names of the specific advisors), statutes, advisory panels, reports, case law, etc, which informed ACC's procedures, policies, guidelines, and rules and other documents, for:
(a) implementing a care indicator,
(b) implementing a communication plan, and/or
(c) implementing a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.
Request 6: I request all documents, consultation notes, reports, third party advice, and any other document, which shows that ACC took all reasonable steps to make sure that ACC was not breaching ACC's obligations under the Act (sections 40, 41, 45 and 54), the Code (in the entirety), the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9, IPP10, and IPP 11), the OIA (s 12, 21-24), NZBoRA (rights 14, 21 and 27), and any other Act, when ACC developed ACC's procedures, policies, guidelines, and rules to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.
ACC’s response have lacked transparency. I have seen no documentation of:
(1) how ACC implements the redirection of personal communications to an unintended third party; and
(2) who within ACC has the delegated authority to implement a plan that involves the redirection of personal communications to an unintended third party; and
(3) steps taken to ensure that the decision was reviewed by a neutral third party (such as a reviewer, Court, Ombudsman, the Privacy Commissioner, or that all sides were properly heard before ACC implements such drastic measures.
Request 7. I respectfully request explicit details as to:
(a) how ACC implements the redirection of personal communications; and
(b) whether it is with the consent of the sender; and
(c) whether it is with the consent of the intended recipients; and
(d) whether the sender is informed of the redirection prior to implementation, and the actual effect of that redirection; and
(e) where the consent and communications to the affected party are documented by ACC; and
(f) whether the intended recipient receives the personal communication in their inbox, then forwards the communication to a third party, or
(g) whether the redirection occurs at the server, which means that the intended recipient does not receive the personal communication, but an unintended person does receive the communication; and
(h) which ACC documents detail the names of the individuals, roles, and departments, who have the authority to implement redirection of personal communications.
Request 8. I request a copy of the delegation framework, signed by the CEO, which specifies who has the delegated authority to implement the redirection of persona communications sent by parties outside ACC, without the sender’s informed consent, and the steps those persons must take before implementing such a plan – such as providing notice to the affected person and a right of review (adherence to the principles of natural justice).
I look forward to your response.
Yours faithfully,
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 see the attached letter regarding your Official Information Act
request.
If you have any questions about this letter 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.
------------------- Original Message -------------------
From: Sue <[FOI #27100 email]>;
Received: Fri May 31 2024 18:04:00 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - Claimant's Rights - Care
indicators, communication plans, and redirection of emails
[You don't often get email from
[FOI #27100 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
My earlier request was about ACC's rights. I now make a request for
information about claimants' rights.
There are many Acts that confer rights on individuals, and obligations on
ACC. The Accident Compensation Act, the Code of ACC Claimants’ Rights, the
Privacy Act, the Health Information Privacy Code, the Official Information
Act, the NZ Bill of Rights Act, the Human Rights Act, and the HDC’s Code
Consumers' Rights are just a few.
The Accident Compensation Act provides a right to have ACC's decisions
reviewed.
The purpose of the Code includes:
(a) conferring rights on claimants and imposing obligations on ACC in
relation to how ACC should deal with claimants;
(b) providing for the procedure for lodging and dealing with complaints
about breaches of this Code by ACC; and
(c) providing for the consequences of, and remedies for, a breach of this
Code by ACC; and
(d) describing how and to what extent ACC must address situations where
its conduct is not consistent with, or does not uphold, the rights of
claimants under this Code; and
(e) explaining a claimant’s right to a review of a decision made under
this Code about a claimant’s complaint.
The NZ Bill of Rights Act affirms the following rights to people, not
agencies.
14 Freedom of expression
Everyone has the right to freedom of expression, including the freedom to
seek, receive, and impart information and opinions of any kind in any
form.
21 Unreasonable search and seizure
Everyone has the right to be secure against unreasonable search or
seizure, whether of the person, property, or correspondence
or otherwise.
27 Right to justice
(1) Every person has the right to the observance of the principles of
natural justice by any tribunal or other public authority which has the
power to make a determination in respect of that person’s rights,
obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or
recognised by law have been affected by a determination of any tribunal or
other public authority has the right to apply, in accordance with law, for
judicial review of that determination.
(3) Every person has the right to bring civil proceedings against, and to
defend civil proceedings brought by, the Crown, and to have those
proceedings heard, according to law, in the same way as civil proceedings
between individuals.
In reading ACC's polices, processes, rules, guidelines, procedures, I see
no reference to how ACC ensures that:
(1) claimants are informed of ACC's decisions regarding care indicators;
and
(2) claimants are provided an opportunity to correct any information in
ACC’s care indicators (because if you don’t know they exist, you cannot
ask for a correction); and
(3) claimants are given an opportunity to be heard and challenge the
decisions by ACC to
(i) implement a care indicator,
(ii) implement a communication plan, or
(iii) implement a plan that involves the redirection of their personal
communications to an unintended recipient, without their informed consent.
These policies, documents, rules, guidelines and other documents all
appear to be inconsistent with the law, advice by the Ombudsman, the
Privacy Commissioner, and the Courts.
Request 1: I request ACC's position regarding claimant's rights to review
ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Please specify if it is ACC's position that the claimant's right to review
the decision occurs before or after ACC implements:
(a) a care indicator,
(b) a communication plan, and/or
(c) a plan that involves the redirection of their personal communications
to an unintended third party, without the claimant's informed consent.
Request 2. I request ACC's position regarding the claimants' right to the
principles of natural justice (NZ BoRA, s 27), which is a right to be
heard or challenge ACC's decision, prior to ACC’s implementation of ACC's
decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Request 3. If ACC's position is that ACC has the obligation to uphold the
claimant's right to principles of natural justice or right to review, I
request the policy, process, guidelines, procedures, rules or other
documents, or, if no document exists, a description of the steps taken by
ACC to ensure that the claimant's rights to the principles of natural
justice and review are upheld prior to the implementation of ACC's
decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Request 4. If it is ACC's position is that ACC DOES NOT have an obligation
to uphold the Claimant's right to principles of natural justice (NZBoRA, s
27) or a right to review ACC's decision, please direct me to the specific
Act and section of the Act, that states ACC is excluded from obligations
under NZBoRA or that such decisions are excluded from review.
The description of the care indicators, communications plans, and the
redirection of personal communications, all appear to be consistent with
breaches of ACC's obligations under the
(a) the Accident Compensation Act (sections 40, 41, 45 and 54),
(b) the Code of ACC's Claimants' Rights (in the entirety),
(c) the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9,
IPP10, and IPP 11),
(d) the OIA (s 12, 21-24; and
(e) NZBoRA (rights 14, 21 and 27).
Request 5: l request a list of all of the authorities (government
agencies, including names of the specific advisors), statutes, advisory
panels, reports, case law, etc, which informed ACC's procedures, policies,
guidelines, and rules and other documents, for:
(a) implementing a care indicator,
(b) implementing a communication plan, and/or
(c) implementing a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Request 6: I request all documents, consultation notes, reports, third
party advice, and any other document, which shows that ACC took all
reasonable steps to make sure that ACC was not breaching ACC's obligations
under the Act (sections 40, 41, 45 and 54), the Code (in the entirety),
the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9, IPP10,
and IPP 11), the OIA (s 12, 21-24), NZBoRA (rights 14, 21 and 27), and any
other Act, when ACC developed ACC's procedures, policies, guidelines, and
rules to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
ACC’s response have lacked transparency. I have seen no documentation of:
(1) how ACC implements the redirection of personal communications to an
unintended third party; and
(2) who within ACC has the delegated authority to implement a plan that
involves the redirection of personal communications to an unintended third
party; and
(3) steps taken to ensure that the decision was reviewed by a neutral
third party (such as a reviewer, Court, Ombudsman, the Privacy
Commissioner, or that all sides were properly heard before ACC implements
such drastic measures.
Request 7. I respectfully request explicit details as to:
(a) how ACC implements the redirection of personal communications; and
(b) whether it is with the consent of the sender; and
(c) whether it is with the consent of the intended recipients; and
(d) whether the sender is informed of the redirection prior to
implementation, and the actual effect of that redirection; and
(e) where the consent and communications to the affected party are
documented by ACC; and
(f) whether the intended recipient receives the personal communication in
their inbox, then forwards the communication to a third party, or
(g) whether the redirection occurs at the server, which means that the
intended recipient does not receive the personal communication, but an
unintended person does receive the communication; and
(h) which ACC documents detail the names of the individuals, roles, and
departments, who have the authority to implement redirection of personal
communications.
Request 8. I request a copy of the delegation framework, signed by the
CEO, which specifies who has the delegated authority to implement the
redirection of persona communications sent by parties outside ACC, without
the sender’s informed consent, and the steps those persons must take
before implementing such a plan – such as providing notice to the affected
person and a right of review (adherence to the principles of natural
justice).
I look forward to your response.
Yours faithfully,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27100 email]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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.
-------------------------------------------------------------------
------------------- Original Message -------------------
From: Sue <[email address]>;
Received: Fri May 31 2024 17:06:09 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - ACC's Rights - Communication plans
and Email redirection
[You don't often get email from
[email address]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
This is a request for information pertaining to ACC's rights.
In the Review a Communication Plan procedure, step (1)(a), there is a Note
that reads:
NOTE Is there a limit on how many times a notice to retain the
communication plan can be sent out to the client?
No. As long as the notification is sent out minimum six months apart and
the client's behaviour is not improving, ACC has the right to retain the
client's communication plan.
Request 1: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement a care indicator; and
(b) any legislative limits to the information that may be included in the
care indicator: and
(c) any legislative limits to the information as to whom may have access
to the care indicator information; and
(d) any legislative requirements that ACC must fulfil before implementing
a care indicator (e.g., such as consent, right to be heard and challenge
the decision, right to correction, or a right of review of the decision).
Request 2: I request the reference to the specific Act, and specific
section of that Act, that gives ACC
(a) a right to implement or retain a claimant's communication plan; and
(b) any legislative limits on the types of communication plans that may be
imposed on a claimant; and
(c) any legislative limits on how those communication plans may be
implemented.; and
(d) any legislative requirements that ACC must fulfil before implementing
a communication plan.
Request 3: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement or retain a plan which involves the redirection
of personal communications to an unintended recipient; and
(b) any legislative limits on the redirection of personal communications
to an unintended recipient; and
(c) any legislative limits on how the redirection of the personal
communications may be implemented; and
(d) any legislative requirements that ACC must fulfil before redirecting
claimant's personal communications to an unintended recipient.
Request 4: If there is no such enactment, that confers a right to ACC to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of claimant's personal
communications to an unintended recipient, then please provide me with the
case law, secondary legislation or any other legal document which affirms
ACC has these rights.
Request 5: I request the policy, process, guidelines, procedures, rules
and all other documents, or, if no document exists, a description of the
steps taken by ACC to
(a) obtain the claimant's consent to have their private communications
redirected to an unintended recipient; and
(b) obtain the intended recipient's informed consent to have the personal
communications redirected to an unintended recipient; and
(c) obtain the claimant's informed consent to have the claimant's care
indicator accessible to all ACC employees who have access to EOS
(including phone operators); and
(d) obtain the claimant’s consent to disclose the care indicator
information to third parties.
If this is an argument of "necessity" or allegedly, a "health and safety"
thing, please provide that argument and why it would be applicable to ACC
employees spread all around NZ, including people the claimant will never
meet or engage with (like the call centre personnel).
Thank you,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[8]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]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/change_request/new?bo...
6. https://fyi.org.nz/help/officers
7. https://aka.ms/LearnAboutSenderIdentific...
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers
hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora
Please see the attached letter regarding your Official Information Act
request.
If you have any questions about this letter 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.
------------------- Original Message -------------------
From: Sue <[FOI #27100 email]>;
Received: Fri May 31 2024 18:04:00 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - Claimant's Rights - Care
indicators, communication plans, and redirection of emails
[You don't often get email from
[FOI #27100 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
My earlier request was about ACC's rights. I now make a request for
information about claimants' rights.
There are many Acts that confer rights on individuals, and obligations on
ACC. The Accident Compensation Act, the Code of ACC Claimants’ Rights, the
Privacy Act, the Health Information Privacy Code, the Official Information
Act, the NZ Bill of Rights Act, the Human Rights Act, and the HDC’s Code
Consumers' Rights are just a few.
The Accident Compensation Act provides a right to have ACC's decisions
reviewed.
The purpose of the Code includes:
(a) conferring rights on claimants and imposing obligations on ACC in
relation to how ACC should deal with claimants;
(b) providing for the procedure for lodging and dealing with complaints
about breaches of this Code by ACC; and
(c) providing for the consequences of, and remedies for, a breach of this
Code by ACC; and
(d) describing how and to what extent ACC must address situations where
its conduct is not consistent with, or does not uphold, the rights of
claimants under this Code; and
(e) explaining a claimant’s right to a review of a decision made under
this Code about a claimant’s complaint.
The NZ Bill of Rights Act affirms the following rights to people, not
agencies.
14 Freedom of expression
Everyone has the right to freedom of expression, including the freedom to
seek, receive, and impart information and opinions of any kind in any
form.
21 Unreasonable search and seizure
Everyone has the right to be secure against unreasonable search or
seizure, whether of the person, property, or correspondence
or otherwise.
27 Right to justice
(1) Every person has the right to the observance of the principles of
natural justice by any tribunal or other public authority which has the
power to make a determination in respect of that person’s rights,
obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or
recognised by law have been affected by a determination of any tribunal or
other public authority has the right to apply, in accordance with law, for
judicial review of that determination.
(3) Every person has the right to bring civil proceedings against, and to
defend civil proceedings brought by, the Crown, and to have those
proceedings heard, according to law, in the same way as civil proceedings
between individuals.
In reading ACC's polices, processes, rules, guidelines, procedures, I see
no reference to how ACC ensures that:
(1) claimants are informed of ACC's decisions regarding care indicators;
and
(2) claimants are provided an opportunity to correct any information in
ACC’s care indicators (because if you don’t know they exist, you cannot
ask for a correction); and
(3) claimants are given an opportunity to be heard and challenge the
decisions by ACC to
(i) implement a care indicator,
(ii) implement a communication plan, or
(iii) implement a plan that involves the redirection of their personal
communications to an unintended recipient, without their informed consent.
These policies, documents, rules, guidelines and other documents all
appear to be inconsistent with the law, advice by the Ombudsman, the
Privacy Commissioner, and the Courts.
Request 1: I request ACC's position regarding claimant's rights to review
ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Please specify if it is ACC's position that the claimant's right to review
the decision occurs before or after ACC implements:
(a) a care indicator,
(b) a communication plan, and/or
(c) a plan that involves the redirection of their personal communications
to an unintended third party, without the claimant's informed consent.
Request 2. I request ACC's position regarding the claimants' right to the
principles of natural justice (NZ BoRA, s 27), which is a right to be
heard or challenge ACC's decision, prior to ACC’s implementation of ACC's
decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Request 3. If ACC's position is that ACC has the obligation to uphold the
claimant's right to principles of natural justice or right to review, I
request the policy, process, guidelines, procedures, rules or other
documents, or, if no document exists, a description of the steps taken by
ACC to ensure that the claimant's rights to the principles of natural
justice and review are upheld prior to the implementation of ACC's
decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Request 4. If it is ACC's position is that ACC DOES NOT have an obligation
to uphold the Claimant's right to principles of natural justice (NZBoRA, s
27) or a right to review ACC's decision, please direct me to the specific
Act and section of the Act, that states ACC is excluded from obligations
under NZBoRA or that such decisions are excluded from review.
The description of the care indicators, communications plans, and the
redirection of personal communications, all appear to be consistent with
breaches of ACC's obligations under the
(a) the Accident Compensation Act (sections 40, 41, 45 and 54),
(b) the Code of ACC's Claimants' Rights (in the entirety),
(c) the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9,
IPP10, and IPP 11),
(d) the OIA (s 12, 21-24; and
(e) NZBoRA (rights 14, 21 and 27).
Request 5: l request a list of all of the authorities (government
agencies, including names of the specific advisors), statutes, advisory
panels, reports, case law, etc, which informed ACC's procedures, policies,
guidelines, and rules and other documents, for:
(a) implementing a care indicator,
(b) implementing a communication plan, and/or
(c) implementing a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
Request 6: I request all documents, consultation notes, reports, third
party advice, and any other document, which shows that ACC took all
reasonable steps to make sure that ACC was not breaching ACC's obligations
under the Act (sections 40, 41, 45 and 54), the Code (in the entirety),
the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9, IPP10,
and IPP 11), the OIA (s 12, 21-24), NZBoRA (rights 14, 21 and 27), and any
other Act, when ACC developed ACC's procedures, policies, guidelines, and
rules to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal
communications to an unintended third party, without the claimant's
informed consent.
ACC’s response have lacked transparency. I have seen no documentation of:
(1) how ACC implements the redirection of personal communications to an
unintended third party; and
(2) who within ACC has the delegated authority to implement a plan that
involves the redirection of personal communications to an unintended third
party; and
(3) steps taken to ensure that the decision was reviewed by a neutral
third party (such as a reviewer, Court, Ombudsman, the Privacy
Commissioner, or that all sides were properly heard before ACC implements
such drastic measures.
Request 7. I respectfully request explicit details as to:
(a) how ACC implements the redirection of personal communications; and
(b) whether it is with the consent of the sender; and
(c) whether it is with the consent of the intended recipients; and
(d) whether the sender is informed of the redirection prior to
implementation, and the actual effect of that redirection; and
(e) where the consent and communications to the affected party are
documented by ACC; and
(f) whether the intended recipient receives the personal communication in
their inbox, then forwards the communication to a third party, or
(g) whether the redirection occurs at the server, which means that the
intended recipient does not receive the personal communication, but an
unintended person does receive the communication; and
(h) which ACC documents detail the names of the individuals, roles, and
departments, who have the authority to implement redirection of personal
communications.
Request 8. I request a copy of the delegation framework, signed by the
CEO, which specifies who has the delegated authority to implement the
redirection of persona communications sent by parties outside ACC, without
the sender’s informed consent, and the steps those persons must take
before implementing such a plan – such as providing notice to the affected
person and a right of review (adherence to the principles of natural
justice).
I look forward to your response.
Yours faithfully,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27100 email]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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.
-------------------------------------------------------------------
------------------- Original Message -------------------
From: Sue <[email address]>;
Received: Fri May 31 2024 17:06:09 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - ACC's Rights - Communication plans
and Email redirection
[You don't often get email from
[email address]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
This is a request for information pertaining to ACC's rights.
In the Review a Communication Plan procedure, step (1)(a), there is a Note
that reads:
NOTE Is there a limit on how many times a notice to retain the
communication plan can be sent out to the client?
No. As long as the notification is sent out minimum six months apart and
the client's behaviour is not improving, ACC has the right to retain the
client's communication plan.
Request 1: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement a care indicator; and
(b) any legislative limits to the information that may be included in the
care indicator: and
(c) any legislative limits to the information as to whom may have access
to the care indicator information; and
(d) any legislative requirements that ACC must fulfil before implementing
a care indicator (e.g., such as consent, right to be heard and challenge
the decision, right to correction, or a right of review of the decision).
Request 2: I request the reference to the specific Act, and specific
section of that Act, that gives ACC
(a) a right to implement or retain a claimant's communication plan; and
(b) any legislative limits on the types of communication plans that may be
imposed on a claimant; and
(c) any legislative limits on how those communication plans may be
implemented.; and
(d) any legislative requirements that ACC must fulfil before implementing
a communication plan.
Request 3: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement or retain a plan which involves the redirection
of personal communications to an unintended recipient; and
(b) any legislative limits on the redirection of personal communications
to an unintended recipient; and
(c) any legislative limits on how the redirection of the personal
communications may be implemented; and
(d) any legislative requirements that ACC must fulfil before redirecting
claimant's personal communications to an unintended recipient.
Request 4: If there is no such enactment, that confers a right to ACC to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of claimant's personal
communications to an unintended recipient, then please provide me with the
case law, secondary legislation or any other legal document which affirms
ACC has these rights.
Request 5: I request the policy, process, guidelines, procedures, rules
and all other documents, or, if no document exists, a description of the
steps taken by ACC to
(a) obtain the claimant's consent to have their private communications
redirected to an unintended recipient; and
(b) obtain the intended recipient's informed consent to have the personal
communications redirected to an unintended recipient; and
(c) obtain the claimant's informed consent to have the claimant's care
indicator accessible to all ACC employees who have access to EOS
(including phone operators); and
(d) obtain the claimant’s consent to disclose the care indicator
information to third parties.
If this is an argument of "necessity" or allegedly, a "health and safety"
thing, please provide that argument and why it would be applicable to ACC
employees spread all around NZ, including people the claimant will never
meet or engage with (like the call centre personnel).
Thank you,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[8]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]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/change_request/new?bo...
6. https://fyi.org.nz/help/officers
7. https://aka.ms/LearnAboutSenderIdentific...
8. https://fyi.org.nz/change_request/new?bo...
9. https://fyi.org.nz/help/officers
hide quoted sections
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
Please find attached the extension letter to your official information
request dated 31 May 2024.
If you have any questions about the letter 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.
------------------- Original Message -------------------
From: Sue <[email address]>;
Received: Fri May 31 2024 17:06:09 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - ACC's Rights - Communication plans
and Email redirection
[You don't often get email from
[email address]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
This is a request for information pertaining to ACC's rights.
In the Review a Communication Plan procedure, step (1)(a), there is a Note
that reads:
NOTE Is there a limit on how many times a notice to retain the
communication plan can be sent out to the client?
No. As long as the notification is sent out minimum six months apart and
the client's behaviour is not improving, ACC has the right to retain the
client's communication plan.
Request 1: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement a care indicator; and
(b) any legislative limits to the information that may be included in the
care indicator: and
(c) any legislative limits to the information as to whom may have access
to the care indicator information; and
(d) any legislative requirements that ACC must fulfil before implementing
a care indicator (e.g., such as consent, right to be heard and challenge
the decision, right to correction, or a right of review of the decision).
Request 2: I request the reference to the specific Act, and specific
section of that Act, that gives ACC
(a) a right to implement or retain a claimant's communication plan; and
(b) any legislative limits on the types of communication plans that may be
imposed on a claimant; and
(c) any legislative limits on how those communication plans may be
implemented.; and
(d) any legislative requirements that ACC must fulfil before implementing
a communication plan.
Request 3: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement or retain a plan which involves the redirection
of personal communications to an unintended recipient; and
(b) any legislative limits on the redirection of personal communications
to an unintended recipient; and
(c) any legislative limits on how the redirection of the personal
communications may be implemented; and
(d) any legislative requirements that ACC must fulfil before redirecting
claimant's personal communications to an unintended recipient.
Request 4: If there is no such enactment, that confers a right to ACC to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of claimant's personal
communications to an unintended recipient, then please provide me with the
case law, secondary legislation or any other legal document which affirms
ACC has these rights.
Request 5: I request the policy, process, guidelines, procedures, rules
and all other documents, or, if no document exists, a description of the
steps taken by ACC to
(a) obtain the claimant's consent to have their private communications
redirected to an unintended recipient; and
(b) obtain the intended recipient's informed consent to have the personal
communications redirected to an unintended recipient; and
(c) obtain the claimant's informed consent to have the claimant's care
indicator accessible to all ACC employees who have access to EOS
(including phone operators); and
(d) obtain the claimant’s consent to disclose the care indicator
information to third parties.
If this is an argument of "necessity" or allegedly, a "health and safety"
thing, please provide that argument and why it would be applicable to ACC
employees spread all around NZ, including people the claimant will never
meet or engage with (like the call centre personnel).
Thank you,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached the extension letter to your official information
request dated 31 May 2024.
If you have any questions about the letter 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.
------------------- Original Message -------------------
From: Sue <[email address]>;
Received: Fri May 31 2024 17:06:09 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - ACC's Rights - Communication plans
and Email redirection
[You don't often get email from
[email address]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
This is a request for information pertaining to ACC's rights.
In the Review a Communication Plan procedure, step (1)(a), there is a Note
that reads:
NOTE Is there a limit on how many times a notice to retain the
communication plan can be sent out to the client?
No. As long as the notification is sent out minimum six months apart and
the client's behaviour is not improving, ACC has the right to retain the
client's communication plan.
Request 1: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement a care indicator; and
(b) any legislative limits to the information that may be included in the
care indicator: and
(c) any legislative limits to the information as to whom may have access
to the care indicator information; and
(d) any legislative requirements that ACC must fulfil before implementing
a care indicator (e.g., such as consent, right to be heard and challenge
the decision, right to correction, or a right of review of the decision).
Request 2: I request the reference to the specific Act, and specific
section of that Act, that gives ACC
(a) a right to implement or retain a claimant's communication plan; and
(b) any legislative limits on the types of communication plans that may be
imposed on a claimant; and
(c) any legislative limits on how those communication plans may be
implemented.; and
(d) any legislative requirements that ACC must fulfil before implementing
a communication plan.
Request 3: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement or retain a plan which involves the redirection
of personal communications to an unintended recipient; and
(b) any legislative limits on the redirection of personal communications
to an unintended recipient; and
(c) any legislative limits on how the redirection of the personal
communications may be implemented; and
(d) any legislative requirements that ACC must fulfil before redirecting
claimant's personal communications to an unintended recipient.
Request 4: If there is no such enactment, that confers a right to ACC to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of claimant's personal
communications to an unintended recipient, then please provide me with the
case law, secondary legislation or any other legal document which affirms
ACC has these rights.
Request 5: I request the policy, process, guidelines, procedures, rules
and all other documents, or, if no document exists, a description of the
steps taken by ACC to
(a) obtain the claimant's consent to have their private communications
redirected to an unintended recipient; and
(b) obtain the intended recipient's informed consent to have the personal
communications redirected to an unintended recipient; and
(c) obtain the claimant's informed consent to have the claimant's care
indicator accessible to all ACC employees who have access to EOS
(including phone operators); and
(d) obtain the claimant’s consent to disclose the care indicator
information to third parties.
If this is an argument of "necessity" or allegedly, a "health and safety"
thing, please provide that argument and why it would be applicable to ACC
employees spread all around NZ, including people the claimant will never
meet or engage with (like the call centre personnel).
Thank you,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora Sue
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.
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 [2]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 -------------------
From: Sue <[email address]>;
Received: Mon Jun 24 2024 09:03:27 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Re: OIA Request Ref GOV-032830 CRM:0284244
[You don't often get email from
[email address]. Learn why this is
important at [3]https://aka.ms/LearnAboutSenderIdentific... ]
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
-----Original Message-----
Kia ora
Please see the attached letter regarding your Official Information Act
request.
If you have any questions about this letter you can contact us at this
[1]address, for all other matters please use our contact form
at:
[2]https://aus01.safelinks.protection.outlo...
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.
------------------- Original Message
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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.
-------------------------------------------------------------------
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[email address]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]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://get.adobe.com/nz/reader/
3. https://aka.ms/LearnAboutSenderIdentific...
4. https://fyi.org.nz/help/officers
hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora Sue
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.
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 [2]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 -------------------
From: Sue <[email address]>;
Received: Mon Jun 24 2024 09:03:27 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Re: OIA Request Ref GOV-032830 CRM:0284244
[You don't often get email from
[email address]. Learn why this is
important at [3]https://aka.ms/LearnAboutSenderIdentific... ]
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
-----Original Message-----
Kia ora
Please see the attached letter regarding your Official Information Act
request.
If you have any questions about this letter you can contact us at this
[1]address, for all other matters please use our contact form
at:
[2]https://aus01.safelinks.protection.outlo...
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.
------------------- Original Message
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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.
-------------------------------------------------------------------
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[email address]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]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://get.adobe.com/nz/reader/
3. https://aka.ms/LearnAboutSenderIdentific...
4. https://fyi.org.nz/help/officers
hide quoted sections
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 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.
------------------- Original Message -------------------
From: Sue <[email address]>;
Received: Fri May 31 2024 17:06:09 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - ACC's Rights - Communication plans
and Email redirection
[You don't often get email from
[email address]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
This is a request for information pertaining to ACC's rights.
In the Review a Communication Plan procedure, step (1)(a), there is a Note
that reads:
NOTE Is there a limit on how many times a notice to retain the
communication plan can be sent out to the client?
No. As long as the notification is sent out minimum six months apart and
the client's behaviour is not improving, ACC has the right to retain the
client's communication plan.
Request 1: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement a care indicator; and
(b) any legislative limits to the information that may be included in the
care indicator: and
(c) any legislative limits to the information as to whom may have access
to the care indicator information; and
(d) any legislative requirements that ACC must fulfil before implementing
a care indicator (e.g., such as consent, right to be heard and challenge
the decision, right to correction, or a right of review of the decision).
Request 2: I request the reference to the specific Act, and specific
section of that Act, that gives ACC
(a) a right to implement or retain a claimant's communication plan; and
(b) any legislative limits on the types of communication plans that may be
imposed on a claimant; and
(c) any legislative limits on how those communication plans may be
implemented.; and
(d) any legislative requirements that ACC must fulfil before implementing
a communication plan.
Request 3: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement or retain a plan which involves the redirection
of personal communications to an unintended recipient; and
(b) any legislative limits on the redirection of personal communications
to an unintended recipient; and
(c) any legislative limits on how the redirection of the personal
communications may be implemented; and
(d) any legislative requirements that ACC must fulfil before redirecting
claimant's personal communications to an unintended recipient.
Request 4: If there is no such enactment, that confers a right to ACC to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of claimant's personal
communications to an unintended recipient, then please provide me with the
case law, secondary legislation or any other legal document which affirms
ACC has these rights.
Request 5: I request the policy, process, guidelines, procedures, rules
and all other documents, or, if no document exists, a description of the
steps taken by ACC to
(a) obtain the claimant's consent to have their private communications
redirected to an unintended recipient; and
(b) obtain the intended recipient's informed consent to have the personal
communications redirected to an unintended recipient; and
(c) obtain the claimant's informed consent to have the claimant's care
indicator accessible to all ACC employees who have access to EOS
(including phone operators); and
(d) obtain the claimant’s consent to disclose the care indicator
information to third parties.
If this is an argument of "necessity" or allegedly, a "health and safety"
thing, please provide that argument and why it would be applicable to ACC
employees spread all around NZ, including people the claimant will never
meet or engage with (like the call centre personnel).
Thank you,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached our response to your official information request
dated 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.
------------------- Original Message -------------------
From: Sue <[email address]>;
Received: Fri May 31 2024 17:06:09 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - ACC's Rights - Communication plans
and Email redirection
[You don't often get email from
[email address]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
This is a request for information pertaining to ACC's rights.
In the Review a Communication Plan procedure, step (1)(a), there is a Note
that reads:
NOTE Is there a limit on how many times a notice to retain the
communication plan can be sent out to the client?
No. As long as the notification is sent out minimum six months apart and
the client's behaviour is not improving, ACC has the right to retain the
client's communication plan.
Request 1: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement a care indicator; and
(b) any legislative limits to the information that may be included in the
care indicator: and
(c) any legislative limits to the information as to whom may have access
to the care indicator information; and
(d) any legislative requirements that ACC must fulfil before implementing
a care indicator (e.g., such as consent, right to be heard and challenge
the decision, right to correction, or a right of review of the decision).
Request 2: I request the reference to the specific Act, and specific
section of that Act, that gives ACC
(a) a right to implement or retain a claimant's communication plan; and
(b) any legislative limits on the types of communication plans that may be
imposed on a claimant; and
(c) any legislative limits on how those communication plans may be
implemented.; and
(d) any legislative requirements that ACC must fulfil before implementing
a communication plan.
Request 3: I request the reference to the specific Act, and specific
section of that Act, that gives ACC:
(a) a right to implement or retain a plan which involves the redirection
of personal communications to an unintended recipient; and
(b) any legislative limits on the redirection of personal communications
to an unintended recipient; and
(c) any legislative limits on how the redirection of the personal
communications may be implemented; and
(d) any legislative requirements that ACC must fulfil before redirecting
claimant's personal communications to an unintended recipient.
Request 4: If there is no such enactment, that confers a right to ACC to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of claimant's personal
communications to an unintended recipient, then please provide me with the
case law, secondary legislation or any other legal document which affirms
ACC has these rights.
Request 5: I request the policy, process, guidelines, procedures, rules
and all other documents, or, if no document exists, a description of the
steps taken by ACC to
(a) obtain the claimant's consent to have their private communications
redirected to an unintended recipient; and
(b) obtain the intended recipient's informed consent to have the personal
communications redirected to an unintended recipient; and
(c) obtain the claimant's informed consent to have the claimant's care
indicator accessible to all ACC employees who have access to EOS
(including phone operators); and
(d) obtain the claimant’s consent to disclose the care indicator
information to third parties.
If this is an argument of "necessity" or allegedly, a "health and safety"
thing, please provide that argument and why it would be applicable to ACC
employees spread all around NZ, including people the claimant will never
meet or engage with (like the call centre personnel).
Thank you,
Sue
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[email address]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[6]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/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this request