Agreement for Services between ACC and DHB's

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 have happened across an ACC Heath Purchasing Master Agreement (Version 2) titled
AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2).

I respectfully request the following Official Information;

1). It would be appreciated if you could confirm under the Official Information Act as to when (Month and Year) that this contract (Version 2) came into force.

2). I would also appreciate you making available to me a copy of the equivalent referred ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012, and all subsequent updates to the Master Agreement's for DHB's through until present day.

3) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Waitemata District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.

4) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Auckland District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.

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 respectfully request that copies of the Official Information that I am seeking is supplied to me under the provision of urgency within the next 10 working days from todays date to allow for my use in pending review and appeal purposes.

I than you for your time and assistance.

Yours faithfully,

David Lawson

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From: Government Services
Accident Compensation Corporation

Link: [1]File-List

Dear Mr Lawson,

 

We write in relation to your two emails of 12 April 2016 (one concerning
purchase orders regarding consultations with neurosurgeons and the other
 concerning policy documents about long term claims) and that of 20 April
2017 (concerning agreements for services between ACC and DHBs).

 

1.     Request regarding purchase orders

In relation to your request concerning purchase orders, we note that you
have amended your request so that it relates to neurologists instead of 
neurosurgeons.  As you have asked that ACC deal with this matter with
urgency, and as you regularly request information from ACC and this might
inform future requests, we note that such an amendment has the effect of
allowing us to treat it as a new request under section 15(1AA) of the
Official Information act 1982 (the Act) and the response date would be
reset accordingly.

 

Notwithstanding that, after carefully considering your request, we have
reached the view that it is frivolous and the subject matter trivial. We
have accordingly decided to decline it under section 18(h) of the Act. In
taking that position, we make the observation that raising a purchase
order is a usual part of business and is neither controversial nor
particularly complicated. Any associated information will be at best
administrative in nature. 

 

2.     Request regarding policies and request concerning contracts between
ACC and DHBs

We wish to assure you that your requests are being progressed and our
response will be provided to you as soon as reasonably practicable and in
accordance with the Act, the present due dates being no later than 15 and
19 May 2017 respectively.

 

3.     Other matters

In addition to requesting the information discussed above, you have  also
raised concerns about how and when ACC should provide the information to
you, we deal with each of these in turn below.

 

Acknowledgement letters/email

While we acknowledge requests as a courtesy, there is no requirement under
the Act for an agency to do so. You will recall that we advised you of
this in a letter of 21 April 2016 (in response to a request of 11 March
2016).

 

Quoting entire request in acknowledgement

You have asked that we provide an acknowledgement letter which sets out
your requests in full in order to prove to you that we fully understand
them. We do not consider that taking the action you propose would
constitute a responsible or reasonable use of our time or resources.
Accordingly we decline to do so. In taking that position we note that in
the event we do not understand a request there is a mechanism for
addressing this. The Act imposes certain obligations on  how requests for
Official Information should be made and dealt with. Those obligations
extend not only to those responding to requests but also those making
them. Section 12 of the Act requires requests to be made with due
particularity. In the instance we are unsure or unclear about a request as
the result of a lack of due particularity, we are able to ask the
requestor to clarify or amend their request in order for it to conform
with the requirements of section 12.

 

The Ombudsman’s publication “Making official information requests”  can be
found at the following link
[2]http://www.ombudsman.parliament.nz/resou...

 

The publication provides the following guidance in respect of making a
request with due particularity:

 

            Due particularity—your obligation as a requester

            Be as specific as you can in identifying the information you
want. Be open to communicating with the agency and helping the person
responsible for answering your request to understand what it is you are
looking for.

            The information you are requesting must be specified with ‘due
particularity’.20 This means that the person receiving the request must be
able to identify the information you have asked for.

            A request that lacks due particularity will not be valid and
the requirements of the OIA and/or LGOIMA will not apply.

 

In order to ensure that you receive the precise information you seek we
also note that requests that are free of prolix, repetition  and that
clearly and concisely describe the requested information will always be
easier to process than those that are not.

 

Urgency

You have asked us to confirm that we will reply to your requests urgently.
While the Act allows a requester to ask for a request to be processed
urgently (where they specify the reason for this), agencies are not bound
by such a request. Nor does the Act provide for the requestor to
unilaterally impose due dates in relation to a request for urgency.
Whether a response can be provided under urgency will depend on various
factors, including the complexity of the request, the time required to
form a response, and the workload of the agency.

 

While we note that you have alluded to the reason for urgency relating to
“pending review and appeal proceedings” you have not advised us of the
respective filing and hearing dates. Without that information it is
difficult to assess the merits of a request for urgency. If you require
the material you have requested urgently please advise us of the relevant
due dates so that we can properly consider your request. Please note that
where we identify a need for urgency it is open to us to charge for the
work required to complete the necessary work with urgency. We would of
course advise you of the relevant charge should that be necessary and
would not commence the required work until you had confirmed you were
happy for us to proceed by paying .

 

Queries or concerns

If you have questions about this response, you can contact us at
[3][email address] or in writing to Government Services,
PO Box 242, Wellington 6140.

You have the right to complain to the Office of the Ombudsman about our
response. You can call them on 0800 802 602 between 9am and 5pm on
weekdays, or write to The Office of the Ombudsman, PO Box 10152,
Wellington 6143.

 

Yours sincerely

 

Government Services

 

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From: David Lawson

Dear Government Services,

Thank you for confirming that you have started to progress my request for Official Information of 20 April 2017, for which I respectfully requested under urgency within 10 working days of my request.

I note that my OIA request of 20 April 2017 complies with your handy tips of;

- being specific as to what I am seeking, therefore complying with the principle of due particularity.

- my request is clear, and free of prolox, repetition and concisely describes the requested official information that I have sought.

In terms of urgency, for this specific request of 20 April 2017, which you have confirmed work has commenced/progressed, and which effectively seeks confirmation of, and or the provision of copies of the following official information ;

1). It would be appreciated if you could confirm under the Official Information Act as to when (Month and Year) that this contract (Version 2) came into force.

2). I would also appreciate you making available to me a copy of the equivalent referred ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012, and all subsequent updates to the Master Agreement's for DHB's through until present day.

3) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Waitemata District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.

4) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Auckland District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.

in the event that copies of the actual agreements listed in my requests 2-4 of my OIA request dated 20 April 2017 are updated on a yearly basis, then if it would allow for my request to be returned to me within the 10 working days that I requested the supply of the information, then I am more than willing to accept copies of the specific contracts under requests 2). - 4). of my letter dated 20 April 2017, and re-listed above, that were in force as at the 1 January 2012, 1 July 2014, and 1 July 2016, if this would at all speed up the provision of this information that will be held on ACC's system and therefore should be easily located for reproduction and supply.

I note your comments about your request to be supplied with specific dates of review and appeals that I have pending, however I am unsure of the relevance of me providing such information to ACC Government Services in the context that upon receipt of the information from ACC Government Services, there is the potential for me to have to seek further clarification through FYI for matters relating to the content of the agreements that I have been provided copies of, which will compromise my reviews and appeals.

Please rest assured that I fully understand that capacity issues play a part in the provision of the official information that is requested from ACC Government Services, and am more than willing to liaise with ACC Government Services (as I have done so today), to work within ACC's capacity to see the earliest available provision of the official information that I originally requested on the 20 April 2017.

On a final note, given your response to my request for my full OIA requests to be quoted back to me in full in your letter of acknowledgements of my request, I am at a bit of a loss in respect of ACC Government Services unwillingness to work with me constructively on this issue, give the fact that in a majority of cases ACC Government Services has quoted my exact OIA requests back to me within their acknowledgement letter.

I would appreciate your clarification as to why there appears to be a level of inconsistency in the manner my OIA requests have been acknowledged with full quotations of my requests in many instances yet no reference in your written acknowledgement of my OIA requests, as has been the case in this matter.

I find the fact that the FYI website allows for the copying of text from earlier FYI communications, has enabled me to easily paste text copy into a subsequent FYI response quickly and with ease. An example is the fact that it took under 10 seconds to copy and past my requests 1).-4). re-listed above from my original request through FYI of 20 April 2015, into today's correspondence.

I thank you for your time and assistance and welcome your updated response to my communication today.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation

Dear Mr Lawson

Thank you for your further correspondence of 23 April in relation to your original request of 20 April 2017.
As indicated in our email of 21 April 2017, we are working on your request and will provide our response by 19 May 2017.

Yours sincerely

Government Services

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From: Government Services
Accident Compensation Corporation


Attachment ACC response 5 May 2017.pdf
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Attachment Standard Terms and Conditions.Final July 2014.pdf
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Attachment Standard Terms and Conditions.April.2016.pdf
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Link: [1]File-List

Good afternoon Mr Lawson

 

Attached is ACC’s response to your requests of 20 and 23 April 2017.

 

Regards

 

Government Services

 

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From: David Lawson

Dear Government Services,

I note receipt of your FYI response of 5 May 2017 to my original FYI request of April 20, 2017, and my further communication of April 23, 2017 responding to your communication dated April 21, 2017.

It is noted that ACC Government Services response May 5, 2017, to my requests for Official Information referred to above has failed to provide me with the specific official information that I requested.

It is noted that ACC Government Services have incorrectly provided me with generic copies of ACC's July 2014 and April 2016 versions of their Standard Terms and Conditions (Contract for services between Accident Compensation Corporation and [supplier], which you have advised on 5 May 2017 replaced the ACC Heath Purchasing Master Agreement (Version 2) titled
AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2).

While OIA Request 1. of my OIA request of 20 April 2017 has been answered to my satisfaction, OIA Requests- 2)., 3), and 4) which I quote below have not;

"2). I would also appreciate you making available to me a copy of the equivalent referred ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012, and all subsequent updates to the Master Agreement's for DHB's through until present day.

3) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Waitemata District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.

4) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Auckland District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present."

when in the context of my correspondence of 23 April 2017, I made it known that for my OIA Requests 2)., 3), and 4). quoted again above, to expedite ACC Government Services provision of the specified official information that I am seeking that I was prepared to receive copies of each specific Agreement named in OIA Requests 2)., 3), and 4), that were in effect as at 1 January 2012, 1July 2014 and 1 July 2016.

I now outline below, individually how ACC Government Services have failed to provide me with the official information that I sought on 20 and 23 April 2017, specifically for Requests 2)., 3), and 4), and therefore are in breach of the Official Information Act 1982 with respect to the three OIA requests noted below;
*************************
OIA Request 2 of 20 April 2017, stated;

"2). I would also appreciate you making available to me a copy of the equivalent referred ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012, and all subsequent updates to the Master Agreement's for DHB's through until present day."

with my OIA Request 2). dated 20 April 2017 adjusted 23 April 2017, to request copies of the above mentioned agreement that was in effect as at 1 January 2012, 1 July 2014 and 1 July 2016.

How is ACC Government Services in breach of my OIA Request 2).?

ACC has failed to provide me with a copy of the ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012.

I requested that ACC Government Services provide me with a copy of this agreement that was in force as at 1 January 2012 since the copy of the agreement that I happened across, did not state the date the agreement was signed off and I have no way of establishing the authenticity of the document since it was not provided to me through ACC Government Services, and for which I have been unable to locate the documentation through a verified ACC accredited source to date.

Requested Remedy for ACC Government Services breach of my OIA Request 2).-

Please remedy ACC Government Services Breach of my rights under the OIA 1982, by making available to me by the end of business close on the 21 May 2017 a copy of the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2). that was in effect as at 1 January 2012.

***********************************
OIA Request 3 of 20 April 2017, stated;

"3) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Waitemata District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.
"

with my OIA Request 3) dated 20 April 2017 adjusted 23 April 2017, to request copies of the above mentioned agreement that was in effect as at 1 January 2012, 1 July 2014 and 1 July 2016.

You have advised in your correspondence of 5 May 2017 that the "Contract for services between ACC and suppliers" replaced in July 2014 the previous AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2).

How is ACC Government Services in breach of my OIA Request 3?

Compliance with my OIA Request 3) of my OIA's of 20 and 23 April 2017, given the updating of the agreements as at July 2014 and April 2016, placed the obligation upon ACC Government Services to provide to me with copies of;

i) the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the WAITEMATA DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in effect as at 1 January 2012.

ii) the Contract for services between ACC and the WAITEMATA DISTRICT HEALTH BOARD that was in effect as at 1 July 2014, and

iii) the Contract for services between ACC and the WAITEMATA DISTRICT HEALTH BOARD that was in effect as at 1 July 2016.

for which ACC Government Services has failed to provide me with.

How has ACC Government Services breached my OIA Request 3)?

ACC have not provided to me copies of the 3 specific documents that are listed above under Request 3) listed under i), ii) and iii) above. Each document above noted as (i), ii) and iii) under Request 3) will be a complete copy of the original documents in force between the Accident Compensation Corporation (ACC) and the Waitemata District Health Board (WDHB) as at 1 January 2012, 1 July 2014 and 1 July 2016.

Naturally each document will show the signatures and names of the Authorised staff from both the ACC and THe WDHB who signed each document, and each document provided to me will include any and all amendments and annexes to the main contract/agreement

Requested Remedy for ACC Government Services breach of OIA Request 3) -

Please remedy ACC Government Services Breach of my rights under the OIA 1982, by making available to me by the end of business close on the 21 May 2017 a copies of ;

i) the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the WAITEMATA DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in effect as at 1 January 2012., and

ii) the Contract for services between ACC and the WAITEMATA DISTRICT HEALTH BOARD that was in effect as at 1 July 2014, and

iii) the Contract for services between ACC and the WAITEMATA DISTRICT HEALTH BOARD that was in effect as at 1 July 2016.

*******************************

OIA Request 4 of 20 April 2017, stated;

"3) I welcome the provision a copy of the ACC Health Purchasing Master Agreement between ACC and Auckland District Health Board that was in force as at 1 January 2012, and copies of all subsequent updates to said Agreement/s through until present.
"

with my OIA Request 3) dated 20 April 2017 adjusted 23 April 2017, to request copies of the above mentioned agreement that was in effect as at 1 January 2012, 1 July 2014 and 1 July 2016.

You have advised in your correspondence of 5 May 2017 that the "Contract for services between ACC and suppliers" replaced in July 2014 the previous AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2).

How is ACC Government Services in breach of my OIA Request 4)?

Compliance with my OIA Request 4) of my OIA's of 20 and 23 April 2017, given the updating of the agreements as at July 2014 and April 2016, placed the obligation upon ACC Government Services to provide to me with copies of;

i) the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the AUCKLAND DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in effect as at 1 January 2012., and

ii) the Contract for services between ACC and the AUCKLAND DISTRICT HEALTH BOARD that was in effect as at 1 July 2014, and

iii) the Contract for services between ACC and the AUCKLAND DISTRICT HEALTH BOARD that was in effect as at 1 July 2016.

for which ACC Government Services has failed to provide me with.

How has ACC Government Services breached my OIA Request 4)?

ACC have not provided to me copies of the 3 specific documents that are detailed above under Request 4) listed under i), ii) and iii) above. Each document above noted as (i), ii) and iii) under Request 4) which will be a complete copy of the original documents in force between the Accident Compensation Corporation (ACC) and the Auckland District Health Board (ADHB) as at 1 January 2012, 1 July 2014 and 1 July 2016.

Naturally each document will show the signatures and names of the Authorised staff from both the ACC and The ADHB who signed each document, and each document provided to me will include any and all amendments and annexes to the main contract/agreement

Requested Remedy for ACC Government Services breach of OIA Request 4) -

Please remedy ACC Government Services Breach of my rights under the OIA 1982, by making available to me by the end of business close on the 21 May 2017 a copies of ;

i) the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the AUCKLAND DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in effect as at 1 January 2012.

ii) the Contract for services between ACC and the AUCKLAND DISTRICT HEALTH BOARD that was in effect as at 1 July 2014, and

iii) the Contract for services between ACC and the AUCKLAND DISTRICT HEALTH BOARD that was in effect as at 1 July 2016.
*****************************

My official information requests for the specified agreements specific to the WDHB under OIA Request 2). and the ADHB under OIA Request 3) were made so that I can fully understand the obligations between the separate and respective DHB's in the context of the service provision by both the WDHB and the ADHB in the handling of accidental injuries between 1 January 2012 and present day.

ACC Government services incorrect provision of two generic service contracts incepted in July 2014 and April 2016, that are not the actual the specific contracts that I have requested, has now caused unnecessary delay in the provision of this information to myself.

Again I respectfully request that the official information that I requested from ACC Government Services on 20 and 23 April 2017, and for which has not been provided to me in breach of ACC Government Services' obligations to me under the Official Information Act 1982, be provided to me under urgency by the end of business close on the 21 May 2017, and as per usual 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: David Lawson

Dear Government Services,

I refer to my earlier response to ACC Government Services response dated 5 May 2017.

Having re-read my earlier correspondence also dated 18 May 2017, I note that ACC will not technically be in breach of the OIA 1982 in terms of my OIA Requests 2)., 3) and 4) until the 20th May 2017, should the information that I requested in my OIA correspondence dated 20 and 23 April 2017, not have been provided to me by the end of business close on the 19 May 2017.

I therefore respectfully request that ACC Government Services provide me in full by the end of business close on the 19 May 2017, the official information that I have listed in my earlier correspondence also dated 18 May 2017, as having not been received to date from ACC Government Services in line with my earlier request for urgency, and in association with my OIA Requests 2)., 3), and 4) of 20 and 23 April 2017.

I thank you for your time and assistance.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation

Good afternoon Mr Lawson

Thank you for your email in response to ACC's decision letter dated 5 May 2017.
We are treating your email as a new request for information under the Official Information Act 1982.

The new information request is as follows:
"1. A copy of the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2). that was in effect as at 1 January 2012.

2. i)the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the WAITEMATA DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in effect as at 1 January 2012., and

ii) the Contract for services between ACC and the WAITEMATA DISTRICT HEALTH BOARD that was in effect as at 1 July 2014, and

iii) the Contract for services between ACC and the WAITEMATA DISTRICT HEALTH BOARD that was in effect as at 1 July 2016.

Naturally each document will show the signatures and names of the Authorised staff from both the ACC and the WDHB who signed each document, and each document provided to me will include any and all amendments and annexes to the main contract/agreement

3. i) the AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the AUCKLAND DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in effect as at 1 January 2012.

ii) the Contract for services between ACC and the AUCKLAND DISTRICT HEALTH BOARD that was in effect as at 1 July 2014, and

iii) the Contract for services between ACC and the AUCKLAND DISTRICT HEALTH BOARD that was in effect as at 1 July 2016.
Naturally each document will show the signatures and names of the Authorised staff from both the ACC and the ADHB who signed each document, and each document provided to me will include any and all amendments and annexes to the main contract/agreement."

We are currently looking into your request and will be in touch with you as soon as possible and certainly by 16 June 2017.

Regards
OIA Services, Government Engagement and Support

show quoted sections

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From: David Lawson

Dear Government Services,

I note receipt of your message dated May 26, 2017 which responded to my communications dated 18 May 2017.

My communications to ACC government services on 18 May 2017 drew attention to the fact that ACC government services response dated 5 May 2017 to my request for official information submitted through FYI on 20 April 2017, substantively and materially failed the Accident Compensation's obligations to me under the Official Information Act 1982, by not having provided me with the specific official information that I had requested on 20 April 2017 in respect of my OIA Requests 2)., 3) and 4).

The communications of 18 May 2017, also brought to ACC Government Services attention that as at 19 May 2017 the Accident Compensation would be in statutory breach of the OIA 1982 in respect of the non provision of the specific information that I respectfully requested in my OIA request of 20th April 2017 in Requests 2)., 3) and 4).

My initial communication on 18 May 2017 to Government Services requested remediation under urgency by the 21 May 2017 to be applied to the provision of the specific official information requested in Requests 2)., 3) and 4). submitted 20 April 2017, that ACC Government Services has withheld without providing statutory reasons for the non provision of the official information past the 19th May 2017.

My follow up communication on the 18 May 2017, brought my request for the provision of the specific official information unreasonably withheld in ACC Government Services communication of 5 May 2017 under urgency back to the 19 May 2017, marking when the Accident Compensation Corporation became fully in breach of my statutory rights under the Official Information Act 1982, should ACC have not provided me with the specific official information requested in my OIA Requests 2)., 3) and 4) submitted to ACC through FYI on the 20 April 2017.

The Accident Compensation Corporation by the end of business close today will be 11 days in statutory breach of the Corporation's obligations to me under the Official Information Act 1982, by not having provided me with the specific official information that I requested in Requests 2).,3) and 4), of my OIA requests submitted to the Accident Compensation Corporation through www.FYI.org.nz on the 20 April 2017.

If my request for urgency had have been adhered to and the information under requests 2)., 3) and 4) had been specifically provided to me in full within the 10 working days respectfully requested on 20 April 2017, by the 5 May 2017, I would have been able to proceed and make use of the official information that currently remains outstanding, in breach of Accident Compensation Corporations obligations to me under the Official Information Act 1982 in response to my OIA requests submitted through FYI on 20 April 2017.

I respectfully request that the Accident Compensation Corporation remedy this situation immediately by providing the specific official information in full without further delay that I requested in my official information Requests 2)., 3) and 4) on 20 April 2017, and which has been unreasonably withheld past the Corporation's statutory 20 working day obligations (19 May 2017, if ACC did not apply urgency as per my request) under the Official Information Act 1982.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation


Attachment ACC letter of 7 June 2017.pdf
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Attachment Service Schedule for Pain Management Services redacted.pdf
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Good afternoon Mr Lawson

Please find attached a letter in response to your emails of 18 and 30 May 2017.

Regards
OIA Services
Government Engagement and Support

show quoted sections

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From: David Lawson

Dear Government Services,

I refer to your communication dated 7 June 2017 and note that ACC Government Services has once again failed to provide the information specifically requested on April 20 2017,and has subsequently and outside of the 20 day OIA response request of 19 May 2017, provided reasons for withholding the official information that I originally requested.

Had ACC Government Services provided indications for possible reasons on the 5 May 2017 for withholding the information that I had requested under urgency on 20 April 2017, a whole month extra would have been available for me to address ACC Government Services desire to with hold this information from a public forum.

To help speed up the information that I requested under the OIA on 20 April 2017 in the context of the background information that is provided in your latest communication dated 7 June 2017, I request that the following remedies for the outstanding Official Information be made available as indicated below, given that ACC Government Services inaction on 5th May 2017 to either justify the provision of information that did not satisfy my OIA request of 20 April 2017, and omission to have had indicated that information would be likely withheld by ACC relying on either section 18 (f), and or section 15 (1A) of the Act, which has caused at the least a full months delay in the process of me being provided the information sought.

Request for remedial action releasing the following Official Information immediately to me by ACC Government Services;

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
OIA Request 2 in my original request dated 20 April 2017 requested;

"2). I would also appreciate you making available to me a copy of the equivalent referred ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012, and all subsequent updates to the Master Agreement's for DHB's through until present day."

with my OIA Request 2). dated 20 April 2017 adjusted 23 April 2017, to request copies of the above mentioned agreement that was in effect as at 1 January 2012, 1 July 2014 and 1 July 2016.

ACC Action taken: On 5 May 2017 ACC Government Services confirmed that the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) outlined the general terms and conditions across all services and covered all District Health Boards (DHBs), and it remained in force at 1 January 2012, being finally replaced with a Contract for Services between ACC and suppliers' on 1 July 2014.

ACC Government Services has not provided me with a copy of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) Service Schedule(s) (Part 2) that was in force as at 1 January 2012.
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Requested Remedy for OIA Request 2 in my original request dated 20 April 2017 requested;

"2). I would also appreciate you making available to me a copy of the equivalent referred ACC Health Purchasing Master Agreement between ACC and DHB's that was in force as at 1 January 2012, and all subsequent updates to the Master Agreement's for DHB's through until present day."

To sped up this request I am happy to receive immediately a copy of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) that was in force as at the 1 January 2012, and the copy of (Part 1) of the Agreement that was in force on 1 July 2014.
Please confirm if (Part 2) of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Service Schedule, provides a summarised/appendexed summary of each of the service Schedules in list form as at 1 January 2012 and the 30 June 2014. If so can you please incorporate this summarised information and provide also immediately.

Following receipt and review of the above from ACC in response to request 2, I will advise further if I still require the full wordings of each of the Service Schedules, not listed below in my reply today in (Part 2) of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Service Schedule(s) (Part 2) to be provided to me, if I have not come back to you sooner.

I understand that the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Organisational Terms and Conditions (Part 1) consisted of roughly 17 pages and if combined with the summary of the Service Schedules under (Part 2) of the agreement hopefully under 10 pages, then requests for copies of the information under request 2 now stand at between an estimated 20-27 pages for each specified date of 1 January 2012 and 30 June 2014, totaling less than 50 pages if combined with my accommodation today.

Please confirm if (Part 2) of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Service Schedule, provides a summarised/appendexed summary of each of the service Schedules in list form as at 1 January 2012 and the 30 June 2014. If so can you please incorporate a copy of this summarised information and provide also immediately.

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Remedy sought for outstanding OIA Request 3 dated 20 April 2017

To satisfy my OIA request 3 of 20 April 2017 please provide to me immediately with copies of the following information;

(i) A copy of the original ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the WAITEMATA DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) that was in force as at the 1 January 2012, and the copy of (Part 1) of the Agreement that was in force on 1 July 2014.

(ii) Please confirm if (Part 2) of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION the WAITEMATA DISTRICT HEALTH BOARD FOR Service Schedule, provides a summarised/appendexed summary of each of the service Schedules in list form as at 1 January 2012 and the 30 June 2014. If so can you please incorporate a copy of this summarised information and provide also immediately.

(iii) please provide a copy of the original Contracts for services that was in effect as at 1 July 2014 and additionally 1 April 2016 between the Accident Compensation Corporation and the WAITEMATA DISTRICT HEALTH BOARD FOR that make up the documents forming the Contract listed on page 1 and being referred to as;-
1. This Cover Page, and
2. Standard Terms and Conditions.

Please confirm whether the following documents forming the Contract listed on Page 1 as at 1 July 2014 and additionally 1 April 2016;

3. Service Schedules entered into under this Contract, and
4. Any Variations made according to this Contract

are summarised/itemised and if so please provide a copy of these lists/summaries immediately for each respective year.

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Remedy sought for outstanding OIA Request 4 dated 20 April 2017

To satisfy my OIA request 3 of 20 April 2017 please provide to me immediately with copies of the following information;

(i) A copy of the original ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND the AUCKLAND DISTRICT HEALTH BOARD FOR Organisational Terms and Conditions (Part 1) that was in force as at the 1 January 2012, and the copy of (Part 1) of the Agreement that was in force on 1 July 2014.

(ii) Please confirm if (Part 2) of the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION the AUCKLAND DISTRICT HEALTH BOARD FOR Service Schedule, provides a summarised/appendexed summary of each of the service Schedules in list form as at 1 January 2012 and the 30 June 2014. If so can you please incorporate a copy of this summarised information and provide also immediately.

(iii) please provide a copy of the original Contracts for services that was in effect as at 1 July 2014 and additionally 1 April 2016 between the Accident Compensation Corporation and the AUCKLAND DISTRICT HEALTH BOARD FOR that make up the documents forming the Contract listed on page 1 and being referred to as;-
1. This Cover Page, and
2. Standard Terms and Conditions.

Please confirm whether the following documents forming the Contract listed on Page 1 as at 1 July 2014 and additionally 1 April 2016;

3. Service Schedules entered into under this Contract, and
4. Any Variations made according to this Contract

are summarised/itemised and if so please provide a copy of these lists/summaries immediately for each respective year.

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Request for the following information within 10 working days in regards to OIA Requests 2, 3, and 4, dated 20 April 2017;

In terms of my original OIA requests of 20 April 2014 under Requests 2, 3 and 4 above please provide to me a copy of the following service schedules or equivalent that were in force under;

Request 3 and 4 respectively for the Waitemata District Health Board and the Auckland District Health Board as at;

(1) 1 January 2012 for each respective district health board under the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Service Schedule (Part 2) that was in force, and

(2) 30 June 2014 for each respective district health board under the ACC Heath Purchasing Master Agreement (Version 2) titled AGREEMENT FOR SERVICES BETWEEN ACCIDENT COMPENSATION CORPORATION AND {DHB NAME] FOR Service Schedule (Part 2) that was in force, and

(3) 1 July 2014 for each respective district health board under the Contract for services between Accident Compensation and each of the WDHB and ADHB's, and

(4) 1 April 2016 for each respective district health board under the Contract for services between Accident Compensation and each of the WDHB and ADHB's,

to supply copies of the following full service schedules (or equivalent), that apply/ied to each contract at the named specific dates;

Concussion service
Enhancing Medical Assessments Services
External Medical Panels
Functional capacity evaluations
General practice (cost of treatment regulations)
High tech imaging services
Independence allowance assessments
Invoicing for MCRs and medical SDAs
Medical Case Reviews and Medical Single Discipline Assessments
Neuropsychological assessment services
Non-acute rehabilitation services
Primary response in medical emergencies (PRIME)
Specialist spinal cord injury services
Supported Activity programmes
Supported Employment service
Supported Living service
Training for Independence Services
Transition service
Urgent Care Clinic services
Vocational Medical Services
Vocational Rehabilitation services

Please also provide a summarised version of the 135 documents that you have referred to in your response dated 7 June 2017 as having applied to the WDHB and ADHB's contracts for services. Once received I can establish if all of this information is relevant.

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Requested Immediate Remedies;

It would be appreciated if you could confirm whether the original information that I have requested from each of the district health boards is held in PDF format which can simply be placed on a memory stick with ease and supplied to me in this manner.

It would also be appreciated if you could confirm whether this information that I have requested is available to the public, and whether I am able to visit an ACC office to view and disseminate so as to establish what information I require and therefore be in a position to refine my search any further.

If this information is not publicly available within each of the relevant DHB catchment areas, I would appreciate ACC Government Services providing an explanation as to why this is not the case in the mane of fairness and transparency, since the contract for services between the Accident Compensation and the DHB's or an alternative service provider effectively defines the required standards of care that should be available to an accidentally injured person, and the basis for which an ACC claimant can base their appeal and or complaint to either ACC, the Agency or any other applicable oversight agency in order to seek remedy for services that fail to meet the required standards.

I thank you for your time and assistance and look forward to receiving the above official information and clarifications in the time frames requested above.

Yours sincerely,

David Lawson

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From: Government Services
Accident Compensation Corporation


Attachment Extension notification 16 June 2017.pdf
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Good afternoon Mr Lawson

 

Please find attached a letter notifying you of an extension.

 

Yours sincerely

Government Engagement and Support

 

 

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From: Government Services
Accident Compensation Corporation


Attachment ACC response 23 June 2017.pdf
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Good morning Mr Lawson

 

Please find attached ACC’s response to your requests for information.

 

Yours sincerely

 

OIA Services

Government Engagement and Support

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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