Request for IHC/IDEA Services policies and list of policies
Mr Wild made this Official Information request to Ministry of Health
Response to this request is long overdue. By law Ministry of Health should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Mr Wild
Dear Ministry of Health,
To facilitate disclosures under the Protected Disclosures Act 2000 I request the following information under the OIA:
* A comprehensive list of all IHC/IDEA Services staff policies and procedures.
NB: The Christchurch Employment Court referred several times in case law (2013 NZEmpC 155 CRC 22/10 ) to IDEA Services having "more than 170" staff policies.
* Release of the following IHC/IDEA Services documentation:
• All staff procedure manuals (as referred to in section 4, page 8, IDEA Services Operations Manual)
• Health and Safety Policy Statement
• Allocation of Housing - Policy and procedures
• Electronic Communication Policy
• Personal Computer Usr Handbook
• Information Security Policy
• EPiC Performance Appraisal Policy
• Fraud Policy
• Senior Support Worker job description
• All HR policies from HRP-1 though to HRP-50
• The ‘House Rules’ (as referred to in section 5, page 9, Human Resources Policy)
• IHC’s Human Resources Manual (as referred to section 5, page 9, Human Resources)
I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.
With regards to s12 of the OIA, I am a NZ citizen and in NZ.
Yours faithfully,
Mr Wild
From: Mr Wild
Dear Ministry of Health,
Please be advised that by law I should have received a response to my Official Information Act request no later that August 09 2016.
Please respond accordingly.
Yours faithfully,
Mr Wild
Ministry of Health
Dear Mr Wild,
We have no record of having received a request under the Official
Information Act 1982 in your name or from this email but will be happy to
process one within the 20 working days as stipulated by the Act if you
send it through again.
Kind regards,
Melissa Buckle l OIA Co-ordinator
[MOH request email]
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1]http://www.health.govt.nz
From: Mr Wild <[FOI #4245 email]>
To: OIA/LGOIMA requests at MOH <[MOH request email]>,
Date: 11/08/2016 09:23 a.m.
Subject: Re: Official Information request - Request for IHC/IDEA
Services policies and list of policies
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Dear Ministry of Health,
Please be advised that by law I should have received a response to my
Official Information Act request no later that August 09 2016.
Please respond accordingly.
Yours faithfully,
Mr Wild
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4245 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[2]https://fyi.org.nz/help/officers
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.
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legal privilege.
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References
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1. http://www.health.govt.nz/
2. https://fyi.org.nz/help/officers
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Sent request to Ministry of Health again.
Ministry of Health
Dear Mr Wild
Please find attached a letter regarding your request for official
information.
Kind regards,
Samantha Irons l OIA Co-ordinator
[MOH request email]
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1]http://www.health.govt.nz
****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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References
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1. http://www.health.govt.nz/
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From: Mr Wild
Dear Ministry of Health,
Thank-you for your latest response.
Requests to access IDEA Services policy's have been consistantly denied me on numerous occasion both in my capacity as an employee, as an E tu Union delegate and when requested on my behalf by an E tu Union representative. Additionally when they were (wrongfully) requested via an OIA to IDEA Services (who I was later informed are not subject to the OIA).
On taking this matter up with the Senior lawyer Emma Leach at the Ombudsman office the response from Ms Leach was as follows:
"Application of Official Information Act to IDEA: I understand from your 23 June email that IDEA has ‘denied you access to staff policies’. As previously advised, if you are seeking this information under the Official Information Act (OIA), it should be requested from the Ministry of Health, as IDEA is not scheduled under the OIA. Information held by an independent contractor engaged by the Ministry is deemed to be held by the Ministry under the OIA, to the extent that it relates to that contract. As previously advised, it is not possible to give definitive advice at this stage as to whether private disability organisations are independent contractors to the Ministry of Health for the purposes of the OIA, but this may be a moot point if the documents sought are directly held by the Ministry. If you request the policies from the Ministry of Health, and it refuses to provide them, it would be open to you to complain to this Office"
Based on Ms Leach's advices can my OIA request be reconsidered prior to raising a complaint with the Ombudsman office.
Yours faithfully,
Mr Wild
Ministry of Health
Dear Mr Wild,
We are currently looking into whether the Ministry holds this information
and will get back to you shortly.
Kind regards,
Melissa Buckle l OIA Co-ordinator
[MOH request email]
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1]http://www.health.govt.nz
From: Mr Wild <[FOI #4245 email]>
To: OIA/LGOIMA requests at MOH <[MOH request email]>,
Date: 29/08/2016 04:24 p.m.
Subject: Re: Response to your request for official information -
H20160 3267
--------------------------------------------------------------------------
Dear Ministry of Health,
Thank-you for your latest response.
Requests to access IDEA Services policy's have been consistantly denied me
on numerous occasion both in my capacity as an employee, as an E tu Union
delegate and when requested on my behalf by an E tu Union representative.
Additionally when they were (wrongfully) requested via an OIA to IDEA
Services (who I was later informed are not subject to the OIA).
On taking this matter up with the Senior lawyer Emma Leach at the
Ombudsman office the response from Ms Leach was as follows:
"Application of Official Information Act to IDEA: I understand from your
23 June email that IDEA has ‘denied you access to staff policies’. As
previously advised, if you are seeking this information under the Official
Information Act (OIA), it should be requested from the Ministry of Health,
as IDEA is not scheduled under the OIA. Information held by an independent
contractor engaged by the Ministry is deemed to be held by the Ministry
under the OIA, to the extent that it relates to that contract. As
previously advised, it is not possible to give definitive advice at this
stage as to whether private disability organisations are independent
contractors to the Ministry of Health for the purposes of the OIA, but
this may be a moot point if the documents sought are directly held by the
Ministry. If you request the policies from the Ministry of Health, and it
refuses to provide them, it would be open to you to complain to this
Office"
Based on Ms Leach's advices can my OIA request be reconsidered prior to
raising a complaint with the Ombudsman office.
Yours faithfully,
Mr Wild
-----Original Message-----
Dear Mr Wild
Please find attached a letter regarding your request for official
information.
Kind regards,
Samantha Irons l OIA Co-ordinator
[MOH request email]
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1][2]http://www.health.govt.nz
References
Visible links
1. [3]http://www.health.govt.nz/
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4245 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************
--------------------------------------------------------------------------
This e-mail message has been scanned for Viruses and Content and cleared
by the Ministry of Health's Content and Virus Filtering Gateway
--------------------------------------------------------------------------
References
Visible links
1. http://www.health.govt.nz/
2. http://www.health.govt.nz/
3. http://www.health.govt.nz/
4. https://fyi.org.nz/help/officers
hide quoted sections
Ministry of Health
Dear Mr Wild
While IDEA Services are funded by the Ministry of Health to provide
disability support services, the information you are seeking relates to
IDEA's internal policies, and is not information held by IDEA relating to
its contract with the Ministry (they are internal staff policies). It is
therefore, not information that would be considered to be held on behalf
of the Ministry in accordance with section 2(5) of the Official
Information Act 1982.
I can confirm the Ministry does not hold copies of the documents you are
seeking nor does the Ministry consider that there are any grounds to
request copies of IDEA's internal polices, under the existing contract for
the sole purpose of responding to your request.
I regret we are unable to assist you.
Kind regards,
Liz McMillan
Manager
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1]http://www.health.govt.nz
From: Mr Wild <[FOI #4245 email]>
To: OIA/LGOIMA requests at MOH <[MOH request email]>,
Date: 29/08/2016 04:24 p.m.
Subject: Re: Response to your request for official information -
H20160 3267
--------------------------------------------------------------------------
Dear Ministry of Health,
Thank-you for your latest response.
Requests to access IDEA Services policy's have been consistantly denied me
on numerous occasion both in my capacity as an employee, as an E tu Union
delegate and when requested on my behalf by an E tu Union representative.
Additionally when they were (wrongfully) requested via an OIA to IDEA
Services (who I was later informed are not subject to the OIA).
On taking this matter up with the Senior lawyer Emma Leach at the
Ombudsman office the response from Ms Leach was as follows:
"Application of Official Information Act to IDEA: I understand from your
23 June email that IDEA has ‘denied you access to staff policies’. As
previously advised, if you are seeking this information under the Official
Information Act (OIA), it should be requested from the Ministry of Health,
as IDEA is not scheduled under the OIA. Information held by an independent
contractor engaged by the Ministry is deemed to be held by the Ministry
under the OIA, to the extent that it relates to that contract. As
previously advised, it is not possible to give definitive advice at this
stage as to whether private disability organisations are independent
contractors to the Ministry of Health for the purposes of the OIA, but
this may be a moot point if the documents sought are directly held by the
Ministry. If you request the policies from the Ministry of Health, and it
refuses to provide them, it would be open to you to complain to this
Office"
Based on Ms Leach's advices can my OIA request be reconsidered prior to
raising a complaint with the Ombudsman office.
Yours faithfully,
Mr Wild
-----Original Message-----
Dear Mr Wild
Please find attached a letter regarding your request for official
information.
Kind regards,
Samantha Irons l OIA Co-ordinator
[MOH request email]
Government Relations l Ministerial, Executive and Government Services l
Office of the Director General
[1][2]http://www.health.govt.nz
References
Visible links
1. [3]http://www.health.govt.nz/
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #4245 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers
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.
-------------------------------------------------------------------
****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
****************************************************************************
--------------------------------------------------------------------------
This e-mail message has been scanned for Viruses and Content and cleared
by the Ministry of Health's Content and Virus Filtering Gateway
--------------------------------------------------------------------------
References
Visible links
1. http://www.health.govt.nz/
2. http://www.health.govt.nz/
3. http://www.health.govt.nz/
4. https://fyi.org.nz/help/officers
hide quoted sections
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Oliver Lineham (FYI.org.nz volunteer) left an annotation ()
I have examined our mail logs and found that the initial email was blocked by the ministry's mail server. This was not targeted at FYI.org.nz; rather one of the IP addresses of our mail provider was on a spam blacklist.
Link to this