Requested OIA Information regarding Reviewers.
The request was refused by FairWay Resolution Limited.
From: David Lawson
Dear FairWay Resolution Limited,
On 26 May 2016, Miriam R Dean CNZM QC released her findings titled "INDEPENDENT REVIEW OF THE ACCLAIM OTAGO (INC) JULY 2015 REPORT INTO ACCIDENT COMPENSATION DISPUTE RESOLUTION PROCESSES".
On page 21 of Miriam Dean's report under the heading "The FairWay process" Miriam Dean writes and I quote directly;
"FairWay currently has 30 reviewers (20 employees and 10 contractors). Twenty-five are legally qualified and all are trained in alternative dispute resolution methods.51 One full-time mediator is also employed to mediate reviews where ACC and the claimant agree to this."
OIA Request 1:
It would be appreciated if you could supply to me under the provisions of the Official Information Act, as at the date that the information was provided to Miriam Dean by FairWay Resolution Limited the following information:-
(a) The names and legal qualifications, of the 25 reported legally qualified reviewer out of the 30 reviewers that Miriam Dean has stated that FairWay has, of which it is stated 20 are employees and 10 were contractors, at the same time confirming whether they were contractors, or employees.
(b) the names of the 5 remaining reviewers that were not legally qualified at the time advice was provided to Miriam Dean and of these 5 reviewers whether these reviewers were either employees or contrators;
(c) of the 5 reviewers not legally qualified, please provide confirmation of those reviewers that have held past employment or who have provided contracted services for financial reward to:
(i) the Accident Compensation Corporation,
(ii) the Accident Compensation Corporation's previously titled Office of the Complaint's Investigator,
(iii) Dispute Resolution Services Limited
(iv) The Office of the Privacy Commission,
(v) the Office of the Privacy Commission's, Complaint Investigation team.
along with the dates that the 5 reviewers held positions within the above Government owned entities.
(d) the name and legal qualifications of the one full-time mediator who at the time of Miriam Dean's inquiry was reported to be employed to mediate reviews where ACC and the claimant agree to this.
(e) Please confirm whether the employee refereed to in (d) above has been included in the 30 reviewers (20 employees and 10 contractors) that Miriam Dean has been advised of, or whether the inclusion of this employee is addition to the number of 30 reviewrs reported.
(f) Please provide copies of the policy associated with the use of the one full-time mediator that is also employed to mediate reviews where ACC and the claimant agree to this, which outlines the criteria for the engagement of this one full time mediator within the review process. Please also confirm the statutory legislation that govern this employees role.
OIA Request 2
It would be appreciated if you could confirm the following and providing confirmations of the rates of remuneration;
(a) confirmation as to whether there was increased pricing/remuneration for the services of the 10 contractors as opposed to the 20 employees, or vice versa for the provision of the same services.
(b) confirmation of whether the pricing/remuneration made to reviewers increases depending upon the level of experience, and qualifications that the reviewer brings to the role.
(c) please confirm whether there is provision within the remuneration of reviewers for ACC to pay additional monies to the reviewer in reviews that are more complex in nature, and if so how is the additional time provided by the reviewer invoiced to ACC...by the hour or by the review of a fixed fee/payment per review.
I appreciate your time and assistance in this matter and respectfully request that my request today be returned under urgency within the next 15 working days, being by the end of business close on the 1 August 2017. In satisfying section 12 subsection (3) of the OIA Act I advise that the reason that I am seeking this information is for use in pending appeal purposes, and that the information is readily held by FairWay Resolution making the information easily retrievable for the provision to me.
It would be appreciated if you could return the OIA information that I have asked for in this request back to me via the fyi.org.nz website.
Thank you for your time and assistance.
From: Rebecca Lee
FairWay Resolution Limited
Dear Mr Lawson
Thank you for your request. FairWay is no longer an organisation subject to the Official Information Act 1982. FairWay has undergone a change of ownership. With the change of ownership we not do fall within the provisions of the Act and as such there is no requirement to respond to your queries. This is for any request made in reliance on the Official Information Act 1982, and regardless of the date to which the information applies, i.e. pre or post the change of ownership.
We would comment that information that may be relevant to your request in terms of staffing numbers is available publicly at the New Zealand Parliament with the 2014/15 Annual Review being published.