19 December 2016
Mr David Lawson
Sent by Email Only: Fyi.org.nz
Dear Mr Lawson
Request for Information – Review Training Manual
We write further to your request for information, made 13 November 2016 and I apologise for
the delay in responding. We note that parts of your request are made under section 23 of
the Official Information Act 1982. Whilst we are of the view that this section may not
necessarily apply in the circumstances/context of a decision made in response to a request
for official information previously made by you, we respond to you as follows. Please note
Mr Pollock is the outgoing Chief Executive, and I am currently Acting CEO.
The Reviewer Training Manual that was provided to you was the document that was
considered under the Office of the Ombudsman’s complaint process, and is what is
published on FairWay’s website. Therefore, the document as it stood and as applied under
the investigation was supplied to you. Further, this is the current version of the manual.
FairWay did not see that the Ombudsman’s opinion meant that a qualifying statement or
commentary had to be attached to release of the manual. The section of the manual as it
pertains to the Official Information Act 1982 still applies and is relevant. We do note that it is
intended that there will be a future update to the Reviewer Training Manual, which will cover
all general updates that are required, and will likely include reference to the Ombudsman’s
comments – this has not yet been prepared.
The Ombudsman’s opinion related to release of the Benchbook under the Official
Information Act and the application or otherwise of section 2(6)(b) of the Official Information
Act 1982. It made no comment or findings as to the application of ACC’s Code of Claimants’
Rights or the Privacy Act 1993.
It has always been FairWay’s view that ACC’s Code of Claimants’ Rights does not apply to
reviewers. FairWay has its own Service Charter which sets out the standards of service that
customers can expect.
The position with the Privacy Act 1993 is distinct from the Official Information Act 1982. For
that reason, there was no update to page 28 of the manual for the Privacy Act section. We
attach a copy of the 2012 case note of the Office of the Privacy Commissioner which sets
out the views and opinion of the Privacy Commissioner.
We would note that even though reviewers are not considered to be an agency for the
purposes of the Privacy Act 1993, they are still required to adhere to standard information
management processes and stil be respectful of an individual’s privacy. FairWay’s
customer service charter includes the expectation that customer’s information wil be kept
private and confidential, and for FairWay to explain why we ask customers to provide certain
information.
FairWay Resolution Limited
16 Southwark Street
P: 03 962 9000
Tā te Hinengaro Tōkeke Whakatau
Christchurch Central
www.fairwayresolution.com
Christchurch 8011
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Under the Ombudsman’s process FairWay only made submissions in relation to section
2(6)(b) of the Official Information Act. FairWay has not sought legal advice since the
Ombudsman provided his opinion regarding release of the Benchbook.
We trust this responds to your queries. You may contact the Office of the Ombudsman in
relation to this response.
Yours sincerely
Rhys West
Acting Chief Executive
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