ACC's Clinical Advisory Panel

David Lawson made this Official Information request to Accident Compensation Corporation

Response to this request is long overdue. By law Accident Compensation Corporation should have responded by now (details and exceptions). You can complain to the Ombudsman.

From: David Lawson

Dear Accident Compensation Corporation,

I refer to Lee M's OIA request to the Minister for ACC dated 20 September 2016 which can be found at https://fyi.org.nz/request/4631-clinical... and for which was transferred by the Ministers Secretary under s14 of the OI Act 1982.

As I am in need of the same information it would be appreciated if you would provide to me the following information under the OIA returned through the FYI website:

1) Documented history of the inception of the ACC's Clinical Advisory Panel (CAP) explaining when, how and why it was started, etc.

2) All policies, procedures, guidelines, rules and similar documents pertaining to the subject of the ACC's Clinical Advisory Panel (CAP).

The information that Lee M requested has public interest to myself and it would have been helpful if the information supplied to Lee M had have been made publicly available through the FYI website, thus negating me having to have had made a second request to ACC Government Services for the same information as Lee M.

Under s16(2) of the Official Information Act, my preferred way of receiving a response is by email to the address from which ACC received the original request, not by post.

Furthermore since the information has already been compiled and provided to Lee M on or around 19 October 2016, and I require this information for pending review and appeal purposes, I respectfully request that having confirmed why I require this already compiled information urgently that Government Services make the information available to me pursuant to Section 16(2) in the manner that I prefer which is through the FYI website by the end of business close on 15th November 2016.

In addition to the above OIA request I also request under section 23 of the Official Information Act 1982, a written statement from the Head of the Clinical Advisory Panel which convened and declined acceptance of cover under claim number 10031989043, as to why ACC did not seek information from an independant neurosurgeon once the neurosurgeon had examined me physically and taken my accident and medical history in relation to the claim for facial nerve treatment injury that came about through the treatment of my cervical spine by a physiotherapist manipulating my neck at C1/2 and preforming acupuncture with 45 mm deep dry needles which lead to the new injury. Again this information is requested under urgency and required for pending review and appeals.

I appreciate your time and assistance.

Yours faithfully,

David Lawson

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From: Government Services
Accident Compensation Corporation

Dear Mr Lawson

 

Official Information Act request

 

Thank you for your requests of 9 - 15 November 2016 requesting the
following information under the Official Information Act 1982 (the Act):

 

·         ACC’s Clinical Advisory Panel

·         Request for Official Information re ACC’s Recover Independence
Service/s Units

·         ACC policy and procedure on placing ACC claimants on a
communications plan

·         Names of the medical, vocational and medical case review
independent assessors contract to ACC

·         Request for the disclosure of Reviewers’ appointed by the
Accident Compensation Corporation prior employment history with the
Accident Compensation Corporation

·         Request for copies of ACC’s contract for services that apply to
reviewers

 

We apologise for the delay in acknowledging your requests. Due to the
impact of the North Canterbury earthquake, ACC’s Head Office was closed
over the period 14 to 23 November 2016.

 

This email is to inform you that we require an extension of time to
prepare responses to your requests until 6 March 2017. This is to allow
for consultation to make decisions on your requests, and as the requests
necessitate a search through a large quantity of information.

 

This extension complies with section 15A(1)(a) and (b) of the Act.

 

ACC will do all it can to respond to your request before the new due date,
if that is at all possible.

 

In the meantime, if you have any questions we will be happy to work with
you to resolve these. We can be contacted by email at
[1][email address].

 

 

Kind regards

 

Government Services

 

 

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From: David Lawson

Dear Government Services,

I note your correspondence dated 7 December 2016 in response to my OIA Request titled ACC's Clinical Advisory Panel lodged with ACC through the FYI website on 7 November 2016.

I note that the following Official Information that I requested on the 9 December 2016 titled Clinical Advisory Panel consisting of my request to be provided with;

"1) Documented history of the inception of the ACC's Clinical Advisory Panel (CAP) explaining when, how and why it was started, etc.

2) All policies, procedures, guidelines, rules and similar documents pertaining to the subject of the ACC's Clinical Advisory Panel (CAP)."

ACC's Government Services confirmed that their substantial response was to be provided to Lee M on 19 October 2016.

This component of my OIA request made on 9 November 2016 was made under urgency for the purposes of review matters, and requested to be provided by the 15 November 2016. Since ACC Government Services had already provided Lee M with their substantial response over 2 1/2 weeks prior to my OIA request, their remained no valid reason why ACC could not have actioned my request under urgency by Monday 28th November 2016.

The remaining component of my OIA request being;

"In addition to the above OIA request I also request under section 23 of the Official Information Act 1982, a written statement from the Head of the Clinical Advisory Panel which convened and declined acceptance of cover under claim number 10031989043, as to why ACC did not seek information from an independant neurosurgeon once the neurosurgeon had examined me physically and taken my accident and medical history in relation to the claim for facial nerve treatment injury that came about through the treatment of my cervical spine by a physiotherapist manipulating my neck at C1/2 and preforming acupuncture with 45 mm deep dry needles which lead to the new injury. Again this information is requested under urgency and required for pending review and appeals."

....was also requested under urgency for review and appeal purposes and therefore the 13 working days (with the office closure factored in) that were available to ACC Government Services was more than sufficient under urgency for ACC Government Services between 9 November 2016 and 7 December 2016 to provide me with the Head of the Clinical Advisory Panel who convened and declined acceptance for cover under claim number 10031989043 to provide their written statement as to why ACC did not seek information from an independent neurosurgeon once the neurosurgeon had examined me physically and taken my accident and medical history in relation to the claim for facial nerve treatment injury that came about through the treatment of my cervical spine by a physiotherapist manipulating my neck at C1/2 and preforming acupuncture with 45 mm deep dry needles which lead to the new injury.

ACC's non provision of the requested information that has already been provided to Lee M (and therefore in existence and readily available) and non provision of the specific written statement detailed above requested pursuant to section 23 of the Official Information Act 1982, without ACC providing a valid reason as to why ACC has not met my request for urgency, and subsequently has sought to defer providing me with the official information sought originally on 9 Novmeber 2016 under urgency by the 15th November 2016, through until the 6 March 2016, is vexatious, requiring me to return to ACC Government Serviuces and repeat my request to be provided with this official information under urgency for a second time.....action and inaction upon ACC Government Services part which I suggest reflect a lack of good faith displayed upon the part of ACC Government Services.

The official information sought in my original request made 9 November 2016, remains valid, is specific, and does not require a search through a large quantity of information and given ACC Government Services tactics to delay the provision of this information under request, through ACC Govt Services inaction remains even more so required under urgency now.

I therefore respectfully request that ACC Government Services provide to me in full the official information requested in my OIA request titled "ACC's Clinical Advisory Panel" requested through FYI on the 9 November 2016, by the end of business close on 16th December 2016, and that this information is returned to me in the manner I have requested which is through the FYI website, pursuant to section 16 (2) of the Official Information Act 1982.

I thank you for your time and assistance.

Yours sincerely,

David Lawson

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From: David Lawson

Dear Government Services,

I refer to my earlier email today, specifically to my mistaken reference to the original date of my OIA request which was 9 November 2016 and not the 9 December 2016 as noted incorrectly in the second paragaph quoyed below;

"I note that the following Official Information that I requested on the 9 December 2016 titled Clinical Advisory Panel consisting of my request to be provided with;"

Please note for your the records going forward that the above paragraph/sentence should read;

"I note that the following Official Information that I requested on the 9 November 2016 titled Clinical Advisory Panel consisting of my request to be provided with;"

I await your provision of the official information that I have sought under urgency within the next 5 working days.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation

Dear Mr Lawson,

 

Thank you for you emails of 12 December 2016 requesting the release of
some of the information you requested between 9-15 November 2016.

 

In the extension notice sent to you on 7 December 2016, we advised you
that we require time for consultation to make decisions on your requests.
This is in addition to the time needed to search through a large quantity
of information. The work required to respond to your requests is
considerable and so we consider the extension we have put in place until 6
March 2017 to be appropriate in the circumstances.

 

However, we note that there is similar information regarding communication
plans and the use of care indicators already on the fyi.org.nz website,
which you may find useful in the mean time.

 

The following link contains our response to your request of 9 March 2016,
which included a request for information on communication plans (refer to
response to request four):

 

[1]https://fyi.org.nz/request/3731-intricat...

 

The following link also covers the topic of communication plans:

 

[2]https://fyi.org.nz/request/3314-acc-and-...

 

We also refer you to the following link for information on care
indicators:

 

[3]https://fyi.org.nz/request/1888-care-ind...

 

 

Kind regards,

 

Government Services

 

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://fyi.org.nz/request/3731-intricat...
2. https://fyi.org.nz/request/3314-acc-and-...
3. https://fyi.org.nz/request/1888-care-ind...

Link to this

From: David Lawson

Dear Government Services,

Thank you for your communications of 7th and 16th December 2016 responding to my specific Official information request of 9 November 2016 which requested the supply of the following official information as quoted directly from my original OIA request through the FYI Website of 9 November 2016;

"From: David Lawson

November 09, 2016

Dear Accident Compensation Corporation,

I refer to Lee M's OIA request to the Minister for ACC dated 20 September 2016 which can be found at https://fyi.org.nz/request/4631-clinical... and for which was transferred by the Ministers Secretary under s14 of the OI Act 1982.

As I am in need of the same information it would be appreciated if you would provide to me the following information under the OIA returned through the FYI website:

1) Documented history of the inception of the ACC's Clinical Advisory Panel (CAP) explaining when, how and why it was started, etc.

2) All policies, procedures, guidelines, rules and similar documents pertaining to the subject of the ACC's Clinical Advisory Panel (CAP).

The information that Lee M requested has public interest to myself and it would have been helpful if the information supplied to Lee M had have been made publicly available through the FYI website, thus negating me having to have had made a second request to ACC Government Services for the same information as Lee M.

Under s16(2) of the Official Information Act, my preferred way of receiving a response is by email to the address from which ACC received the original request, not by post.

Furthermore since the information has already been compiled and provided to Lee M on or around 19 October 2016, and I require this information for pending review and appeal purposes, I respectfully request that having confirmed why I require this already compiled information urgently that Government Services make the information available to me pursuant to Section 16(2) in the manner that I prefer which is through the FYI website by the end of business close on 15th November 2016.

In addition to the above OIA request I also request under section 23 of the Official Information Act 1982, a written statement from the Head of the Clinical Advisory Panel which convened and declined acceptance of cover under claim number 10031989043, as to why ACC did not seek information from an independant neurosurgeon once the neurosurgeon had examined me physically and taken my accident and medical history in relation to the claim for facial nerve treatment injury that came about through the treatment of my cervical spine by a physiotherapist manipulating my neck at C1/2 and preforming acupuncture with 45 mm deep dry needles which lead to the new injury. Again this information is requested under urgency and required for pending review and appeals.

I appreciate your time and assistance.

Yours faithfully,

David Lawson"

I am looking forward to receiving this specific official information by the end of business close today, being the 6 March 2017, in line with the OIA section 15 (1) (a) and (b) extension ACC Government Services advised on 7th December 2016 to allow for ACC Government Services to the supply to me the official information requested in my specific OIA request of 9 November 2016.

I note that these specific OIA requests which were stand alone OIA requests relate to the provision/supply to me of copies of the following official information as requested under the provisions of the OIA Act 1982;

1) Documented history of the inception of the ACC's Clinical Advisory Panel (CAP) explaining when, how and why it was started, etc.

2) All policies, procedures, guidelines, rules and similar documents pertaining to the subject of the ACC's Clinical Advisory Panel (CAP).

3) In addition to the above OIA request I also request under section 23 of the Official Information Act 1982, a written statement from the Head of the Clinical Advisory Panel which convened and declined acceptance of cover under claim number 10031989043, as to why ACC did not seek information from an independant neurosurgeon once the neurosurgeon had examined me physically and taken my accident and medical history in relation to the claim for facial nerve treatment injury that came about through the treatment of my cervical spine by a physiotherapist manipulating my neck at C1/2 and preforming acupuncture with 45 mm deep dry needles which lead to the new injury.

It is noted that the official information I have requested in requests 1) and 2) of my original OIA request lodged 9 November 2016, had already been forwarded on the 9 December 2016, to Lee M at their private address (and hence was not publicly accessible to me or any other person interested in the same information through the FYI website).

I quote below ACC Government Services FYI response of 9 December 2016 to Lee M's OIA request of 20 September 2016 (being the same information that I am in need of and hence requested under urgency on the 9 December 2016, since the information was not provided in the public interest through the FYI website in the first instance.). ACC Government Services quoted response of 9 December 2016 through the FYI website can be found at https://fyi.org.nz/request/4631-clinical..., which I quote below;

"From: Government Services

December 09, 2016

Dear Lee M

A response to this request has been provided to your private address. This decision is in line with section 16(2)(a) of the Act.

Yours sincerely
Government Services"

In terms of my specific section 23 OIA request of 9 November 2016, noted above in my correspondence today as OIA request:- 3), ACC Government Services have now had 67 business working days (reduced from 78 working days since the Office of the Ombudsman does not count the 11 working days between the 25th December 2016 and the 15th January 2017 for the purposes of number of days available) since 9 November 2016 when I made my original request for the section 23 OIA information under urgency for ACC to provide me with the written statement from the Head of the Clinical Advisory Panel which convened and declined acceptance of cover under claim number 10031989043, as to why ACC did not seek information from an independant neurosurgeon once the neurosurgeon had examined me physically and taken my accident and medical history in relation to the claim for facial nerve treatment injury that came about through the treatment of my cervical spine by a physiotherapist manipulating my neck at C1/2 and preforming acupuncture with 45 mm deep dry needles which lead to the new injury.

As per my original OIA request of 9 November 2016, under s16(2) of the Official Information Act, my preferred way of receiving a response is by email to the address from which ACC received the original request, not by post.

I thank you for your time and assistance.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation


Attachment RESPONSE 1.pdf
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Attachment DOCUMENTS FOR RELEASE.pdf
6.7M Download View as HTML


Dear Mr Lawson

 

Please find attached our response to your requests for information under
the Official Information Act 1982, dated 9, 13 and 15 November 2016.

 

Yours sincerely

 

Government Services

 

 

 

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."

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