Process to determine secure funding for 24 hour rape phone line in Auckland
Julie Fairey made this Official Information request to Accident Compensation Corporation
The request was partially successful.
From: Julie Fairey
Dear Accident Compensation Corporation,
Please supply a timeline for the work to date, since December 2011, on confirming a secure funding stream for the 24 hour phone line operated by Auckland Sexual Abuse HELP.
Further details of the cross-agency working party that were tasked to work on this can be found in this media article http://www.stuff.co.nz/auckland/local-ne...
Please also confirm the funding sources and amounts for this phone line from 2002 to the present day.
Yours faithfully,
Julie Fairey
From: Loren Bennett
Accident Compensation Corporation
Dear Ms Fairey
Thank you for your information request of 16 October 2012.
There are some aspects of your request that it would be helpful to have
clarified, which I've listed below.
1. Are you looking for a timeline of all agencies' involvement in
confirming funding for the 24 hour phone line at Auckland Sexual Abuse
HELP (ASAH), or just ACC's? As you know, several agencies have been
involved in this work stream, which was lead/co-ordinated by the
Ministry of Social Development.
2. Following on from the above question, are you looking for the amounts
paid to ASAH by ACC only, or by the other agencies involved?
Thanks for your time.
Kind regards
Loren
Loren Bennett, Advisor - Government Services, ACC
ACC / Governance, Policy & Research / Vogel Centre/ 19 Aitken Street
PO Box 242 / Wellington / New Zealand / www.acc.co.nz
ACC cares about the environment - please don't print this email
unless it is really necessary. Thank you.
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From: Julie Fairey
Dear Loren Bennett,
Thank you for your prompt reply seeking clarification.
1. Yes I am interested in a timeline of the work of all the agencies.
2. Yes I am looking for the amounts from all the agencies involved, not just ACC.
I wasn't sure which agency to direct the OIA to so picked ACC as I thought it most likely to be directing the work, but as it seems MSD is leading it then I am happy for you to transfer the request to them.
Yours sincerely,
Julie Fairey
From: Loren Bennett
Accident Compensation Corporation
Dear Ms Fairey
Thanks very much for your clarification.
I am transferring your request to Ministry of Social Development. A
formal letter of transfer is attached for your records. Someone from
MSD should be in touch with you in due course.
Kind regards
Loren
Loren Bennett, Advisor - Government Services, ACC
ACC cares about the environment - please don't print this email
unless it is really necessary. Thank you.
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From: OIA_Requests (MSD)
Dear Julie Fairey,
please find attached a letter regarding your Official Information Act
request.
Regards
Official and Parliamentary Information team | Ministerial and Executive
Services
Ministry of Social Development
------------------------------- This email and any attachments may contain
information that is confidential and subject to legal privilege. If you
are not the intended recipient, any use, dissemination, distribution or
duplication of this email and attachments is prohibited. If you have
received this email in error please notify the author immediately and
erase all copies of the email and attachments. The Ministry of Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------
From: OIA_Requests (MSD)
Dear Ms Fairey
Please find attached a letter in relation to your Official Information Act
request.
Kind regards
Official and Parliamentary Information team | Ministerial and
Executive Services
Ministry of Social Development
------------------------------- This email and any attachments may contain
information that is confidential and subject to legal privilege. If you
are not the intended recipient, any use, dissemination, distribution or
duplication of this email and attachments is prohibited. If you have
received this email in error please notify the author immediately and
erase all copies of the email and attachments. The Ministry of Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------
Accident Compensation Corporation
Dear Ms Fairey
Thank you for your request for official information, received via partial
transfer by the Ministry of Health on 12 November 2012.
Your request has been received and logged. As required under the Official
Information Act 1982, the Ministry will respond to your request within 20
working days. You should receive a response on or before 10 December
2012.
If a large amount of information has been requested or if the Ministry
needs to consult in order to make a decision, we may need to extend this
date (this is provided for in Section 15A of the Act). We will advise you
if such an extension is necessary.
The Ministry's reference number for your request is: H201203684
Yours sincerely
Government Relations
Corporate Services
Ministry of Health
[1]mailto:[email address]
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References
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1. mailto:[email address]
From: Mary Clarke
Accident Compensation Corporation
Dear Ms Fairey
ACC needs more time to work on your request for information
On 16 October 2012, you asked for the amounts ACC has contributed to
Auckland Sexual Abuse Help line from 2002 to the present day. ACC is
still gathering this information as consultations necessary to make a
decision on the request are such that a proper response to the request can
not reasonably be made within the original time limit.
What happens now
ACC needs an extra 12 working days until 30 November 2012 to get the
information. This extension complies with Section 15A of the Official
Information Act 1982.
I am happy to answer your questions
Please call me on 04 5289218] if you would like to talk about this letter.
I’ll be happy to answer any questions or, if you have any concerns, work
with you to resolve these.
If you’re still not happy, you may make a complaint to the Office of the
Ombudsmen. You can call them on 0800 802 602, 9am to 5pm weekdays, or
write to:
The Office of the Ombudsmen
P O Box 10 152
WELLINGTON 6143
Yours sincerely
Mary Clarke
Mary Clarke, Senior Advisor, Government Services, ACC
Work Days are Monday, Wednesday, Friday. Tel DDI 04 8167422 / Fax
04 8167352
Corporate Office, Governance Policy and Research, Vogel Centre,
Level 7, 19 Aitken Street, PO Box 242, Wellington 6140, New
Zealand [1]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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1. http://www.acc.co.nz/
From: Mary Clarke
Accident Compensation Corporation
Good afternoon
Please find attached ACC's response to the above request.
Kind regards
Mary
Mary Clarke, Senior Advisor, Government Services, ACC
Work Days are Monday, Wednesday, Friday. Tel DDI 04 8167422 / Fax
04 8167352
Corporate Office, Governance Policy and Research, Vogel Centre,
Level 7, 19 Aitken Street, PO Box 242, Wellington 6140, New
Zealand [1]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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References
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1. http://www.acc.co.nz/
From: Julie Fairey
Dear Mary Clarke,
Thank you for the information provided, which relates to the funding ACC has provided for the ASAH (Help) phone line.
I note that I am still awaiting a response to the other parts of my request, which I understand are sitting with MSD.
Yours sincerely,
Julie Fairey
From: Mary Clarke
Accident Compensation Corporation
Hi Julie
I'm sorry I can't assist you with your enquiry that's currently with MSD, you will need to follow up with them direct.
Regards
Mary
Mary Clarke, Senior Advisor, Government Services, ACC
Work days are Monday, Wednesday, Friday. Tel DDI 048167422 / Fax 04 8167352
ACC cares about the environment - please don't print this email
unless it is really necessary. Thank you.
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From: Julie Fairey
Dear OIA_Requests (MSD),
Please note that you extended the deadline for the information regarding the timeline to December 4th 2013, which is today, and I have yet to receive this information.
The parts of the request around funding amounts which were transferred to other departments have partly been met by those other agencies.
Yours sincerely,
Julie Fairey
From: OIA_Requests (MSD)
Dear Ms Fairey,
We apologise for the delay in response you to your Official Information Act request. The delay is in part due to the high volumes of work that we are experiencing. The status of your request for information is in the final stages of sign-out. We hope to be able to provide you with a response either by the end of the week or early next week.
Regards,
Official Parliamentary Team
Ministerial and Executive Services
Ministry of Social Development
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Accident Compensation Corporation
Dear Ms Fairey
Please find attached a scanned copy of the response to your OIA request
regarding funding for the Auckland Sexual Abuse Helpline. The hard copy is
in the post today to you also.
Regards
Lisa
Lisa Young
Team Administrator
Infrastructure
Public Health
National Services Purchasing
National Health Board
Ministry of Health
DDI: +64 4 816 3929
[1]mailto:[email address]
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Accident Compensation Corporation
Dear Ms Fairey
The Ministry does not have a mailing address to post the hard copy of the
response to you.
If you wish to have a hard copy posted to you please provide your postal
address to me by return email.
Thanks
Lisa
Lisa Young
Team Administrator
Infrastructure
Public Health
National Services Purchasing
National Health Board
Ministry of Health
DDI: +64 4 816 3929
[1]mailto:[email address]
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1. mailto:[email address]
From: THOMSON, Raewyn
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
From: OIA_Requests (MSD)
Dear Ms Fairey
We apologise for the delay in responding to your Official Information Act
request. The delay is in part due to the high volumes of work that we are
experiencing. The status of your request for information is in the final
stages of sign-out. The Ministry’s response will be with you no later than
31 January 2013 however, I anticipate that the request will be released
before this date.
Regards,
Official and Parliamentary Information team | Ministerial and Executive
Services
Ministry of Social Development
------------------------------- This email and any attachments may contain
information that is confidential and subject to legal privilege. If you
are not the intended recipient, any use, dissemination, distribution or
duplication of this email and attachments is prohibited. If you have
received this email in error please notify the author immediately and
erase all copies of the email and attachments. The Ministry of Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------
From: Julie Fairey
Dear OIA_Requests (MSD),
You have stated in your response:
"The delay is IN PART due to the high volumes of work that we are experiencing. " [my emphasis]
My understanding is that this is not a sufficient reason for such a lengthy delay. The response to my request has supposedly been in the final stages of sign-off since at least 4th December.
Can you please confirm what the other reasons for the delay are, beyond the workload.
Yours sincerely,
Julie Fairey
Julie Fairey left an annotation ()
I have now received by post a letter of acknowledgement from the Ombudsman.
From: OIA_Requests (MSD)
Dear Julie Fairey,
please find attached the Ministry's response to your Official Information
Act request of 15 October 2012.
Regards
Official and Parliamentary Information team | Ministerial and Executive
Services
Ministry of Social Development
------------------------------- This email and any attachments may contain
information that is confidential and subject to legal privilege. If you
are not the intended recipient, any use, dissemination, distribution or
duplication of this email and attachments is prohibited. If you have
received this email in error please notify the author immediately and
erase all copies of the email and attachments. The Ministry of Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------
From: Julie Fairey
Dear OIA_Requests (MSD),
Thank you for this response, however it does not provide the information requested which was:
"Please supply a timeline for the work to date, since December 2011, on confirming a secure funding stream for the 24 hour phone line operated by Auckland Sexual Abuse HELP."
I would expect a timeline to include the dates of contacts and meetings undertaken in this workstream. The only reference to this work in your response is:
"Throughout 2012, officials from these agencies in addition to the Ministry of Women's Affairs and ADHB have been working with ASAH to look at how it can provide a sustainable service model."
As you are aware, the Ombudsman is now involved in resolving this request. I would appreciate a prompt response on this matter, as it is now over two months since my original request.
Yours sincerely,
Julie Fairey
Accident Compensation Corporation
As requested by my Manager, I am resending the Ministry's response to your
OIA request. Please confirm receipt. If you would like the hard copy of
the letter, please provide me with an address to mail it to.
Thanks
Lisa
Lisa Young
Team Administrator
Infrastructure
Public Health
National Services Purchasing
National Health Board
Ministry of Health
DDI: +64 4 816 3929
[1]mailto:[email address]
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From: Julie Fairey
Dear Accident Compensation Corporation,
Thank you Lisa Young, I acknowledge receipt of the funding amounts and years from the National Health Board.
Yours faithfully,
Julie Fairey
From: OIA_Requests (MSD)
Dear Julie
Apologies for the delay in acknowledging your email clarifying the type of information you are after in respect to the requested timeline.
The Ministry is currently giving consideration to your request for dates of contacts and meetings undertaken and you can expect a response as soon as possible.
Kind regards
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
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From: OIA_Requests (MSD)
Dear Julie Fairey,
Please find attached the Ministry’s response to your Official Information
Act request of 19 December 2012.
Regards
Official and Parliamentary Information team | Ministerial and
Executive Services
Ministry of Social Development
------------------------------- This email and any attachments may contain
information that is confidential and subject to legal privilege. If you
are not the intended recipient, any use, dissemination, distribution or
duplication of this email and attachments is prohibited. If you have
received this email in error please notify the author immediately and
erase all copies of the email and attachments. The Ministry of Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------
From: Julie Fairey
Dear OIA_Requests (MSD),
Thank you for the response and apologies for my delay in replying further.
I am now requesting the meeting notes and action points from the specific discussions with Auckland Sexual Abuse HELP identified in the most recent response, namely:
- 18th January 2012
- 23rd February 2012
- 15th March 2012
- 30th May 2012
- 18th July 2012
- 16th August 2012
- 21st September 2012
- 30th October 2012
I am also requesting copies of any emails from and to ASAH in regard to this matter, from AFTER the last meeting on 30th October 2012 (inclusive of that date).
I understand that this will form a new request and as such the time requirements begin again.
Yours sincerely,
Julie Fairey
From: OIA_Requests (MSD)
Dear Julie Fairey
Thank you for your email received 3 April 2013, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Please note that Anzac Day does not count as a 'working day' in respect of the Act. Due to this holiday, your request would be due on 2 May 2013.
Regards
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
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From: OIA_Requests (MSD)
Dear Ms Fairey
Please find enclosed a letter concerning your Official Information Act
request of 3 April 2013.
Regards
Official and Parliamentary Information team | Ministerial and
Executive Services
Ministry of Social Development
------------------------------- This email and any attachments may contain
information that is confidential and subject to legal privilege. If you
are not the intended recipient, any use, dissemination, distribution or
duplication of this email and attachments is prohibited. If you have
received this email in error please notify the author immediately and
erase all copies of the email and attachments. The Ministry of Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------
From: OIA_Requests (MSD)
Dear Julie Fairey
Please find attached the Ministry's response to your Official Information Act Request of 3 April 2013.
Regards
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
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Joshua Grainger left an annotation ()
Just a quick note about the withholding of advice under s9(2)(f)(iv) and s9(2)(g)(i). I recently completed a legal research project on these two grounds so this reply interested me.
First, it should be noted that s9(2)(f)(iv) requires that information be 'advice' in order for it to be withheld. This means that it must be subjective opinion: factual information will not qualify (see casenote W39491). I would find it hard to believe that information about 'funding and outcomes' would all be advice, because information is likely to be factual, or at least statistical (which was said to not be advice in cases 1161 and 1162).
Second, the Ombudsman has stated that there is no "right to undistributed consideration" of advice (see the Ombudsman's list of common misconceptions around the OIA). What needs to be shown is that there would be a negative impact. The Ministry points to the fact that if this information was released officials may not be so frank in the future with their advice. This is what is known as a 'candour' argument, and it was rejected a long time ago: see Burmah Oil Co v Bank of England [1979] 3 WLR 722, and Brightwell v Accident Compensation Corporation [1985] 1 NZLR 158.
In case 1076 Ombudsman Robertson said "Section 9(2)(g)(i) applie[s] only where the comments were free and frank plus something extra deriving from the nature of the subject matter or the context in which the opinions were expressed… [e]xpressions of opinion, and differences of opinion… are a normal part of the governmental process and are to be expected". In Case 23 it was stated that the withhholding ground is reserved for "those especially frank opinions which only the assurance of complete confidentiality induces". Here, we have not been told what why the advice was especially frank so that it justifies withholding under s9(2)(g)(i) or s9(2)(f)(iv). It rather appears to be pretty matter of fact and ordinary.
Third, a requirement of withholding information under s9(2)(f)(iv) is that there is no counterveiling public interest that outweighs the interest in withholding the information. I would have thought that given the important work that these organisations do, and their reliance on public funding, there would be a public interest in information regarding their future funding.
Okay, that note didn't turn out to be quite as 'quick' as I thought ;)
Joshua Grainger left an annotation ()
Actually, just one more thing. The Ministry uses s9(2)(g)(i) to withhold information between an official and a member at ASAH. Recently, the Court of Appeal found in Jeffries v Attorney General [2010] NZCA 38 that s9(2)(g)(i) only applies to "communications between Ministers and on communications between Ministers and officers and employees of their departments" [see paragraph 50]. Communications between officials and outsiders are not covered. Due to this, withholding the information in email of the 1st of February is likely not justified under s9(2)(g)(i).
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Julie Fairey left an annotation ()
I have now written to the Ombudsman regarding the overdue response from MSD to the first part of my request, as below:
Significantly overdue response to an OIA request. You can follow the whole thing on FYI here:
http://fyi.org.nz/request/process_to_det...
Some of the agencies involved have responded to the second part of my request, in regard to funding amounts. Some of these have fallen outside the appropriate timeframe.
However my main area of complaint is the lack of an answer to the first part of my query, namely:
"Please supply a timeline for the work to date, since December 2011,
on confirming a secure funding stream for the 24 hour phone line
operated by Auckland Sexual Abuse HELP."
I first requested this information on 15th October, from ACC, which appeared to be the lead agency involved from media reports. ACC indicated that MSD were the appropriate agency to respond to that portion of the request and it was transferred to them around October 17th. It is now nearly two months since that date. MSD gave themselves an extension to 4th December but that date has also now passed.
Thank you for your assistance with this matter.
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