12 March 2019
[FYI request #9273 email]
Tēnā koe Anita
Your Official Information Act request, reference: 0053672
Thank you for your email of 9 February 2019, asking for the following information under the Official
Information Act 1982 (the Act):
“In response to my question 2 ("What guidance do you currently provide to staff on how to record the
gender of non-binary people?") you provided a response which addressed the advice given to staff on
how to ensure a binary gender is recorded but did not mention advice about non-binary people in
particular. Can you please confirm that this means that no advice is provided to staff specifically
about how to record the gender of non-binary people. If advice is given, could you please provide it as
it was within the scope of my original question.
In response to my question 3 ('Do you have any advice, legal opinion or other documentation
supporting the view that insisting a non-binary person choose either female or male before they can
receive cover is is not "gender-based discriminations in relation to either personal injury cover or
entitlements”') your response covered only advice which you consider is legally privileged, which I
therefore assume was from the Corporation’s legal team or an external lawyer. Can you please
confirm that this means that no advice or documentation about the issue exists from any other policy,
communications, engagement or operational function. If anything does exist, could you please
provide it as it was within the scope of my original question.
I should note that I expect that my original question 3 covers the issue of whether requiring non-
binary people to provide an inaccurate binary gender before their claim can be processed is a barrier
or disincentive, not just whether their gender is used in decision-making once their claim is accepted
ACC does not provide advice to staff about how to record the gender of non-binary people
There are no specific guidelines for recording the gender of non-binary people provided to ACC staff
beyond what has been explained in our previous response (ref 0053434).
We invite you to come and view documentation relevant to your request
ACC interpreted your previous question do you have any advice, legal opinion or other documentation
supporting the view that insisting a non-binary person chose either female or male before they can
receive cover is not “gender based discriminations in relation to either personal injury cover or
to only be for documentation in relation to that statement.
As you have broadened your question to be for “advice or documentation about the issue”
, we widened
our search to include any
advice or documentation related to access for services by non-binary people.
We have decided to meet your request by providing you with the opportunity to come to ACC and
inspect the documentation in scope. This is in accordance with section 16(2)(c) of the Act, as to release
the document (which is a draft memo) publicly would prejudice the interests protected in section 9(g)(i)
of the Act, which maintains the effective conduct of public affairs through the free and frank expression
of opinions between members of an organisation in the course of their duty.
OIA Ref: 0053672
Please get in touch with me at [email address]
to arrange a time to come in and view
the documentation. If you have any questions, please also get in touch.
You have the right to make a complaint to the Ombudsman
If you are not happy with this response, you have the right to make a complaint to the Ombudsman.
Information about how to do this is available at www.ombudsman.parliament.nz
or by phoning 0800
Nāku iti noa, nā
Manager Official Information Act Services
Government Engagement & Support
Accident Compensation Corporation
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