Dear Minister for ACC,

This is an Official Information Request.

Background: ---

A footnote on page 3 of the Privacy Commissioner’s Discussion Paper No. 10 “Review of the Privacy Act (1997) – Interaction with other Laws” states; “The Cabinet Office Manual requires compliance with the Information Privacy Principles to be signified for all new Bills and Regulations and reasons for non-compliance to be explained.”

The most recent version of the AC Act was assented on 19 September 2001. Therefore it superseded the abovementioned document by some years.

Section 154(2) of the AC Act 2001 requires the ACC to provide all review hearing related information to an ACC claimant who files an appeal application and who makes a request for same, and, is clear insofar as the ACC “must” comply with the request as soon as practicable".

Please provide me with the following ---

1. A copy of the relevant page/s of the Cabinet Office Manual that relates to the requirement for compliance with the Information Privacy Principles to be signified for all new Bills and Regulations and (for) reasons for non-compliance to be explained.

2. A copy of the relevant part and section of the AC Act 2001, or any other legislative or regulatory instrument, that relates to the requirement for compliance with the Information Privacy Principles to be signified for all new Bills and Regulations and (for) reasons for non-compliance to be explained.

3. A copy of the relevant part and/or section of the AC Act 2001, or any other legislative or regulatory instrument, that ensures compliance with Section 154(2) of the AC Act.

4. An explanation of what mechanisms there are to involve the Privacy Commissioner so as to ensure that privacy right considerations are given due regard in the operation of Section 154(2) of the AC Act?

5. An explanation of the prescribed offence/s and fine/s in the event that the ACC fails - for whatever reason - to provide a claimant with information requested under Section 154(2) of the AC Act following receipt by the ACC of an appeal application.

6. An explanation of the complaints process that claimants can follow in the event that the ACC fails - for whatever reason - to provide a claimant with information requested under Section 154(2) of the AC Act following receipt by the ACC of an appeal application

7. If neither 6. or 7. above are applicable, an explanation of what recourse is available to a claimant in any New Zealand law - domestic and international - in the event that the ACC fails - for whatever reason - to provide a claimant with information requested under Section 154(2) of the AC Act following receipt by the ACC of an appeal application

Yours faithfully,

Lee M.

Dear Karen Gardner,

You advised me on 12 April 2016 that my request had been transferred. See you reply above. I am still waiting for a response and wish it to be noted that my experiences with information referrals to the Ministry of Business Innovation and Employment have not been good (Simon Bridges being the worst person I have ever dealt with for failing to reply).

If I do not receive a full reply by close of business next week Friday - 17 June 2016 - I will complain to the Privacy Commissioner.

Yours sincerely,

Lee M.