Revise decision 'Commercial Position' Re:Withheld Invoice Dr Timmings
Anthony Jordan made this Official Information request to Accident Compensation Corporation
The request was successful.
From: Anthony Jordan
Dear Accident Compensation Corporation,
Further to a letter dated 24 October 2012 from the ACC in reply to an earlier request using the OIact. Request for information relating to Dr Paul Leonard Timmings Neurologist of Hamilton.
A request was made to the ACC for a copy of an invoice forwarded to the ACC by Dr Timmings for an assessment he carried out onsite in his Hamilton Clinic Anglesea Street Hamilton. The ACC provided a Purchase Order for a Neurological Assessment coded SDA33 Quantity approved 1.0 (one). The purchase order approval was for $300.00.
The letter dated 24 October 2012 (regretfully) declined to provide copy of the invoice forwarded to the ACC from his Practice, due to “….because its release would prejudice the commercial position of the person who supplied or who is the subject of the information.”
A letter from the ACC dated 20 July 2012 in reply to an earlier request went on to advice “I note your query regarding the protocol where an assessor identifies that the cost of an assessment is going to exceed that approved by any purchase order/contract. Contracted providers operate on strict payment grounds and cannot negotiate outside of these parameters for individual cases.”
When referring to the statement above, there should not be nor ever have been potential for ‘prejudice of commercial position’ if we are to assume ‘providers operate on strict payment grounds’.
A formal Purchase Order provided by ACC to Dr Timmings authorising funding under a contract rate for an assessment has been obtained, the contents and ‘hand editing’ contained in this document would question previous Official Information act disclosures of ACC ethical and legal policies. To obtain a copy of this invoice would be vital to prove or disprove any allegations.
Would the ACC reconsider their reasoning for declining the request for invoice relating to earlier correspondence?
Yours faithfully,
Anthony Jordan
From: Anthony Jordan
Dear Accident Compensation Corporation,
Please be advised there has been an oversight in this request and it is now overdue.
A internal review into reason(s) for this oversight would be welcome and appreciated
Yours faithfully,
Anthony Jordan
Rowan Crawford left an annotation ()
More on point: "make a complaint to the Ombudsman" is what it should have shown you. Try here: http://fyi.org.nz/help/unhappy
From: Anna Mildenhall
Accident Compensation Corporation
ACC response 23 April 2013.pdf
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Official Information Request withheld invoice.txt
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Good afternoon Mr Jordan
A response was emailed to you on 23 April 2013.
A copy is attached
Regards
Anna Mildenhall
Anna Mildenhall, Senior Advisor, Government Services
ACC cares about the environment - please don't print this email
unless it is really necessary. Thank you.
-----Original Message-----
From: Anthony Jordan
[mailto:[OIA #811 email]]
Sent: Friday, 17 May 2013 9:20 a.m.
To: Information Website Mail
Subject: Internal review of Official Information Act request - Revise
decision 'Commercial Position' Re:Withheld Invoice Dr Timmings
Dear Accident Compensation Corporation,
Please be advised there has been an oversight in this request and
it is now overdue.
A internal review into reason(s) for this oversight would be
welcome and appreciated
Yours faithfully,
Anthony Jordan
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From: Anthony Jordan
Dear Anna Mildenhall,
Thank you Anna for response. Could the ACC please provide an internet link or PDF download referring to the part of act to support comments made in reply dated 23 April 2013.
Yours sincerely,
Anthony Jordan
From: Anna Mildenhall
Accident Compensation Corporation
Good afternoon Mr Jordan
I'm not sure which Act you are actually referring to. Or, to which
specific comments made in ACC's letter of 23 April 2013. Legislation can
be found at www.legislation.govt.nz/
With regard to ACC's original decision to withhold a copy of Dr
Timming's invoice dated 17 July 2008. That decision remains, however,
ACC reconsidered its position and provided further information to satsfy
its obligation under the OIA.
As previously advised, if you remain unhappy with ACC's decision you
have the right to make a complaint to the Ombudsman.
Regards
Anna Mildenhall
Anna Mildenhall, Senior Advisor, Government Services
ACC cares about the environment - please don't print this email
unless it is really necessary. Thank you.
-----Original Message-----
From: Anthony Jordan
[mailto:[OIA #811 email]]
Sent: Friday, 17 May 2013 15:14
To: Anna Mildenhall
Subject: Re: FW: Internal review of Official Information Act request -
Revise decision 'Commercial Position' Re:Withheld Invoice Dr Timmings
Dear Anna Mildenhall,
Thank you Anna for response. Could the ACC please provide an
internet link or PDF download referring to the part of act to
support comments made in reply dated 23 April 2013.
Yours sincerely,
Anthony Jordan
-----Original Message-----
Good afternoon Mr Jordan
A response was emailed to you on 23 April 2013.
A copy is attached
Regards
Anna Mildenhall
Anna Mildenhall, Senior Advisor, Government Services
ACC cares about the environment - please don't print this email
unless it is really necessary. Thank you.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[OIA #811 email]
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your
web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
--------------------------------------------------------------------------------------
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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From: Anna Mildenhall
Accident Compensation Corporation
ACC response 27 Aug 13.pdf
296K
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Dr Timmings invoice.pdf
179K
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Good afternoon Mr Jordan
Please find attached ACC's further response to your request of 26
September 2012 and 4 April 2013.
Regards
Anna Mildenhall
Anna Mildenhall, Senior Advisor, ACC
ACC / Government Services / Justice Centre - Level 7
PO Box 242 / Wellington 6011 / New Zealand / www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
--------------------------------------------------------------------------
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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Rowan Crawford left an annotation ()
Unfortunately you've encountered a bug as there are no such things as internal review in New Zealand. I'll have to investigate how you managed to see the option to request an internal review. My apologies for any confusion.
Link to this