Dear Privacy Commissioner

At your website link https://www.privacy.org.nz/the-privacy-a... there is an explanation of "Exemptions from the (Privacy) Act" in which it is stated;

"Only a few organisations and people are not 'agencies'. Other rules exist to govern how they manage personal information, so the Privacy Act does not cover what they do. Organisations that aren't covered by the Privacy Act include: (inter alia) --- courts and tribunals, in relation to their judicial functions".

I would appreciate you providing me with the following information under the Official Information Act:

1. Please provide me with copies of the "other rules" that you referred to in the abovementioned quotation and that apparently exist to govern how reviewers - contracted by Fairway Resolution Limited under a dispute resolution services agreement entered into between the ACC and Fairway Resolution Limited in relation to certain obligations that the ACC has under the AC Act - manage personal information that they collect, source, share, use, disclose and store in the course of fulfilling their duties, responsibilities and functions under Part 5 of the AC Act. This particular request takes into consideration your Case Note 232848 [2012] NZ PrivCmr 3 which commented as follows: "Outside the appeal process it is each independent reviewer, rather than DRSL (now Fairway Resolution Limited), who is the custodian of the records of each review hearing."

2. What legislation, regulations, policies, or guidelines - if any - exist to govern how reviewers - as described above - manage personal information as described above? And please provide me with copies of same or direct me to where I can readily access this information.

3. You have determined that a reviewer is not "an agency" for the purposes of the Privacy Act 1993. One of two reasons given by you for this is that a reviewer seeking information on a matter is - for the purposes of the Privacy Act 1993 - a "tribunal acting in relation to its judicial functions". Please provide me with a copy of your aforementioned determination as well as copies of all information that your office and management and staff hold in relation thereto, and how and when it was reached. This includes, but is not limited to, all hard-copy, electronic and 'stored in the head' information. Please also provide me with copies of all information sought and received from any external sources, including the ACC and Fairway Resolution Limited, in relation to this matter and request.

4. Reviewers act "in the nature of a tribunal". Neither they nor Fairway Resolution Limited are a statutorily established "court or tribunal". If your determination that a reviewer is not "an agency" for the purposes of the Privacy Act 1993 has been tested in a court of law in New Zealand, please provide me with copies of all information that your office and management and staff hold in relation to such a case or cases. This includes, but is not limited to, all hard-copy, electronic and 'stored in the head' information. Please also provide me with copies of all information sought and received from any external sources, including the ACC and Fairway Resolution Limited, in relation to this matter and request.

5. Privacy Commissioner complainants who are ACC claimants and who have applications for review yet to be heard, or who have applications for review that have already been heard, by Fairway Resolution Limited are routinely being advised, albeit in a somewhat unclear and implied fashion, by your management and staff that their complaints cannot be investigated because Fairway Resolution Limited - the organisation - is (also) not "an agency" for the purposes of the Privacy Act 1993. This seems to be an extension or addition to the determination by you that "reviewers" are not "an agency" for the purposes of the Privacy Act 1993.. Please provide me with a copy of the determination by your office that supports the aforementioned advice, views and opinions of your management and staff .. Please also provide me with copies of all information that your office and management and staff hold in relation to the aforementioned determination, how and when it was reached. This includes, but is not limited to, all hard-copy, electronic and 'stored in the head' information. In addition, please provide me with copies of all information sought and received from any external sources, including the ACC and Fairway Resolution Limited, in relation to this matter and request.

If any part of this request is not clear, please let me know and I will attempt to clarify as best as I am able.

Yours faithfully

Lee M.