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Official Information request-IT Sweep the secret emails in your file

#41 User is offline   Campy 

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Posted 28 January 2012 - 06:22 PM

View Postnot their victim, on 28 January 2012 - 01:48 PM, said:

Xxxx Date



Name:
acc number
Email:

Mr Tony Lahman
Manager, Intelligence & Support Services
ACC
PO Box 1426
WELLINGTON

By Email: [email protected]

Dear Mr Lahman

I-Name- Request Information – Under the Official Information and Privacy Acts

Under the provisions of the Official Information and Privacy Acts, I request that you provide me with all information in its entirety that the ACC Fraud Investigation Unit holds or may hold on me from the period of the date up to an inclusive of approximately date you require – or up to the date that ACC has completed my requests – whichever occurs first.


In providing me with this information under the provisions of the IOA and Privacy Acts, I also specifically request that you provide me with the following information:-

1. That ACC advise me if any information has been withheld, deleted or blacked out in any way and if so, for what lawful reason that this has been done;

2. That ACC advise me by Email only, when the documents are available to me at which time I will provide ACC with a physical address to courier the documents to me;

3. That ACC ensures that I receive copies of all communications in whatever forum this may take (e.g. Fax, Email, Letter, Records of ‘phone discussions etc.), both internally and externally. And that these pages are numbered and sequential.

4. That ACC ensures all computer generated information is converted into hardcopy and provided to me through this request.

5. That ACC also ensures that an ‘IT’ Sweep is completed in respect of any such information that the ACC Fraud Investigation Office may or may hold on me and, be provided to me in the same manner as per my requests in No’s 1-4, above.


Please take this letter forwarded to you today (as the Manager of the ACC Intelligence & Support Services), Date xxxx by Email/Letter (PDF Document), as my formal written request to receive this information under the provisions of the Official Information and Privacy Acts.
If you require any further information, I request that you contact me by Email only and that finally, you acknowledge by return Email, receipt of my formal written request.

Thank you and I look forward to receiving this information from you.


Yours faithfully



xxxxxxx


THANK you so much for your suggestion!
5

#42 User is offline   hukildaspida 

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Posted 10 February 2012 - 03:57 PM

Steven Price on How to use the Official Information Act

http://www.medialawj....nz/?page_id=30
1

#43 User is offline   Rosey 

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Posted 12 February 2012 - 01:58 AM

BUMP WITH THANKS TO NTV


View Postnot their victim, on 22 October 2011 - 10:03 AM, said:

Your name
Your addy
Your phone number
Your acc number



Request for Information – Official Information and Privacy Acts
PART A

• Request for Updated ‘IT’ Sweep.

1. Under the provisions of the Official Information and Privacy Acts, I request that ACC undertake and complete an 'IT' Sweep of all communications between ACC and all parties whether internal or external, that ACC stores on all of my claims, or names, injury related, non-injury related or otherwise.

a) To reiterate, this request is irrespective of the type of injury, or non-injury or otherwise, whether the communication is injury related, non-injury related or otherwise, or the type/nature of the communication.

B) Please ensure that the ‘IT’ Sweep is conducted and completed with every possible variation/s of my name and the names that I have previously been known by, which ACC is aware of and is documented on my claim files.

c) There are no formal previous requests for an ‘IT’ Sweep. There have been other requests under the Privacy Act and Official information act for Claim File Download

d) Through this further and new request made today, please provide any additional information that was not included in my previous requests. I would ask that any additional information not previously supplied to me, be in the same manner as outlined in this letter – without exception.

2. In requesting that an 'IT' Sweep be completed, I specifically require the following information also be provided to me through the 'IT' Sweep:-
3.
e) That the 'IT' Sweep be undertaken and completed for the period from approximately ????? insert date here and as above, to a date that is within the time frame for ACC to action requests for information under the IOA and Privacy Acts. I would estimate that this ‘IT’ Sweep request be conducted/completed up to, or approximate to, the date of ???? insert date here

f) Please confirm with me the formal ‘end date’ of this ‘IT’ Sweep request as soon as possible and prior to completion/delivery to me.






4. In addition, I also request that ACC undertakes and completes the 'IT' Sweep (as above), whether internal or external (as above) that ACC stores in the following areas also:-

i. All physical claims.
ii. ACC Complaints Office.
iii. Office of the ACC Complaints Investigation Unit and ACC Complaints Line/Office/Call Centre.
iv. ACC Head Office, Office of the ACC CEO, ACC Corporate Services, ACC Clinical Directorate, and any other such section/unit/branch of ACC as identified in the opening paragraph of this letter.
v. ACC Debt Management Unit.
vi. ACC Intelligence and Support Services.
vii. ACC Contracted Third Party Providers/Assessors and Treatment Providers.
viii. Non-ACC (Contracted) Providers/Assessors and Treatment Providers.
ix. Sensitive Claim requests-whatever your issue is

g) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful reason that this has been done, and;

PART B

• ACC Employee and External Access to Claimant files, information etc.

5. In addition to PART A above, under the provisions of the Official Information and Privacy Acts, I request that ACC also provides me with full details of the following from march 2002 up to an inclusive of this request being completed – estimated to be approximate to the date of ???? insert date here

h) Information as to who has specifically accessed my file/s for any reason/s, injury related, non-injury related or otherwise. Name, date and title details required of each person who has accessed my files, whether this be (ACC) internally or externally.

i) Please specify exactly for what purpose inclusive of any legislative requirements, any aspect of any part of my claim files (ACC) internally or externally – injury related, or non-injury related or otherwise, has been accessed. Names, date and title details required of each person who has accessed any aspect of my files, with the purpose/s being specified precisely for each and every occasion that this has occurred and why this has occurred.

j) Please provide information, reasons, and purposes as specified, detailed, outlined and in the same manner as discussed in PART A, No.3 (i–x) of this letter and PART B.




k) Please provide me with information, and copies of, the authority that exists or existed for any aspect of any part of my claim files, injury related, or non-injury related or otherwise, that were forwarded onto any other persons – (ACC) internally or externally, for what reason/s, purpose and under which legislative edict or otherwise, this was done. Names, date/s and title details required also.

l) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful and legal reason that this has been done, and why.

Please advise me by Email only when all information/documentation is available to me, at which time I will provide ACC with a physical address to courier the documents to me.

Please take this letter by Email/Attachment – PDF file, forwarded to you as the Case Manager of ACC, dated ????? as my formal written request to receive this information under the provisions of the Official Information and Privacy Acts.

If you wish to clarify any matters with me, please contact me by Email only and finally, I request that you acknowledge by return Email also, receipt of my formal written requests as outlined in this letter to you.


Thank you.


Your name here…………




4

#44 User is offline   not their victim 

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Posted 15 February 2012 - 07:59 AM

please keep pushing for this file

acc have almost drafted a generic letter saying that you dont need this file

when you re write, they ask you for more time...

delay, and denial...

believe me, stick to it, and make sure you get this file...

it gives all of us enough leverage to take class action...
0

#45 User is offline   jaffa 

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Posted 15 February 2012 - 09:44 AM

not their victim said:

1329249582[/url]' post='123085']
please keep pushing for this file

acc have almost drafted a generic letter saying that you dont need this file

when you re write, they ask you for more time...

delay, and denial...

believe me, stick to it, and make sure you get this file...

it gives all of us enough leverage to take class action...


Good on you! Thanks for this!

3

#46 User is offline   not their victim 

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Posted 21 February 2012 - 07:34 PM

seems like a certain person in the HB Branch has offered her opinion on one too many occassions

about time acc realised this illiterate unintelligent whipping girl, is going to cost them a lot of money, and is now having her manager running all over town to offer pathetic aplogies...

sack her....she has breached the code of conduct for state servants...end of story!
0

#47 User is offline   Rosey 

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Posted 27 February 2012 - 03:28 PM

BUMP

View Postnot their victim, on 22 October 2011 - 10:03 AM, said:

Your name
Your addy
Your phone number
Your acc number



Request for Information – Official Information and Privacy Acts
PART A

• Request for Updated ‘IT’ Sweep.

1. Under the provisions of the Official Information and Privacy Acts, I request that ACC undertake and complete an 'IT' Sweep of all communications between ACC and all parties whether internal or external, that ACC stores on all of my claims, or names, injury related, non-injury related or otherwise.

a) To reiterate, this request is irrespective of the type of injury, or non-injury or otherwise, whether the communication is injury related, non-injury related or otherwise, or the type/nature of the communication.

B) Please ensure that the ‘IT’ Sweep is conducted and completed with every possible variation/s of my name and the names that I have previously been known by, which ACC is aware of and is documented on my claim files.

c) There are no formal previous requests for an ‘IT’ Sweep. There have been other requests under the Privacy Act and Official information act for Claim File Download

d) Through this further and new request made today, please provide any additional information that was not included in my previous requests. I would ask that any additional information not previously supplied to me, be in the same manner as outlined in this letter – without exception.

2. In requesting that an 'IT' Sweep be completed, I specifically require the following information also be provided to me through the 'IT' Sweep:-
3.
e) That the 'IT' Sweep be undertaken and completed for the period from approximately ????? insert date here and as above, to a date that is within the time frame for ACC to action requests for information under the IOA and Privacy Acts. I would estimate that this ‘IT’ Sweep request be conducted/completed up to, or approximate to, the date of ???? insert date here

f) Please confirm with me the formal ‘end date’ of this ‘IT’ Sweep request as soon as possible and prior to completion/delivery to me.






4. In addition, I also request that ACC undertakes and completes the 'IT' Sweep (as above), whether internal or external (as above) that ACC stores in the following areas also:-

i. All physical claims.
ii. ACC Complaints Office.
iii. Office of the ACC Complaints Investigation Unit and ACC Complaints Line/Office/Call Centre.
iv. ACC Head Office, Office of the ACC CEO, ACC Corporate Services, ACC Clinical Directorate, and any other such section/unit/branch of ACC as identified in the opening paragraph of this letter.
v. ACC Debt Management Unit.
vi. ACC Intelligence and Support Services.
vii. ACC Contracted Third Party Providers/Assessors and Treatment Providers.
viii. Non-ACC (Contracted) Providers/Assessors and Treatment Providers.
ix. Sensitive Claim requests-whatever your issue is

g) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful reason that this has been done, and;

PART B

• ACC Employee and External Access to Claimant files, information etc.

5. In addition to PART A above, under the provisions of the Official Information and Privacy Acts, I request that ACC also provides me with full details of the following from march 2002 up to an inclusive of this request being completed – estimated to be approximate to the date of ???? insert date here

h) Information as to who has specifically accessed my file/s for any reason/s, injury related, non-injury related or otherwise. Name, date and title details required of each person who has accessed my files, whether this be (ACC) internally or externally.

i) Please specify exactly for what purpose inclusive of any legislative requirements, any aspect of any part of my claim files (ACC) internally or externally – injury related, or non-injury related or otherwise, has been accessed. Names, date and title details required of each person who has accessed any aspect of my files, with the purpose/s being specified precisely for each and every occasion that this has occurred and why this has occurred.

j) Please provide information, reasons, and purposes as specified, detailed, outlined and in the same manner as discussed in PART A, No.3 (i–x) of this letter and PART B.




k) Please provide me with information, and copies of, the authority that exists or existed for any aspect of any part of my claim files, injury related, or non-injury related or otherwise, that were forwarded onto any other persons – (ACC) internally or externally, for what reason/s, purpose and under which legislative edict or otherwise, this was done. Names, date/s and title details required also.

l) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful and legal reason that this has been done, and why.

Please advise me by Email only when all information/documentation is available to me, at which time I will provide ACC with a physical address to courier the documents to me.

Please take this letter by Email/Attachment – PDF file, forwarded to you as the Case Manager of ACC, dated ????? as my formal written request to receive this information under the provisions of the Official Information and Privacy Acts.

If you wish to clarify any matters with me, please contact me by Email only and finally, I request that you acknowledge by return Email also, receipt of my formal written requests as outlined in this letter to you.


Thank you.


Your name here…………




2

#48 User is offline   Mark 

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Posted 27 February 2012 - 10:08 PM

View Postnot their victim, on 15 February 2012 - 07:59 AM, said:

please keep pushing for this file

acc have almost drafted a generic letter saying that you dont need this file

when you re write, they ask you for more time...

delay, and denial...

believe me, stick to it, and make sure you get this file...

it gives all of us enough leverage to take class action...


Interesting reading. Bureaucrats' burying visa decisions 'a blatant act of law breaking'.

Quote

Council for Civil Liberties spokesman Thomas Beagle said the instructions could violate the Public Records Act, which requires that "every public office and local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice".


How does the Public Records act fit in with ACC and claimants search for the truth that is on file?
1

#49 User is offline   not their victim 

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Posted 29 February 2012 - 10:19 AM

well if you check out the privacy commissioers concerns...


Law Commissioners report of Privacy and Privacy Upgrade.

6.82 Until recently, as in New Zealand, the UK Information Commissioner only had
the power to conduct audits with consent.
However, following high-profile data breaches, the Government proposed granting to the Commissioner power to conduct “spot-checks” on central government departments.
461 Section 173 of the Coroners and Justice Act 2009 has amended the Data Protection Act 1998 by conferring power on the Commissioner to issue an “assessment notice” on a government department or other designated agency for the purpose of determining whether it is complying with the data protection principles.


The Commissioner is to issue a code of practice detailing how the function
is to be exercised .462
as stated by the Privacy Commissioner in her submission to the Justice and Electoral Committee on the Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill (8 October 2010, at [3.2]):
“[I]f information is inaccurate, then the error is spread across multiple databases. It is then more difficult and resource-intensive to correct the information, as the correction must be made not only to the data held by many agencies, but also to the profiles and assumptions built upon this information. It is also difficult for the individual concerned to correct the information and to know where it is held.”


Privacy Principle
Rule 8: Accuracy etc of health information to be checked before use

(1) A health agency that holds health information must not use that information
without taking such steps (if any) as are, in the circumstances, reasonable to
ensure that, having regard to the purpose for which the information is proposed
to be used, the information is accurate, up to date, complete, relevant, and not
misleading.
(2) This rule applies to health information obtained before or after the commencement
of this code.

Health and Disability Code of Rights

The principles of informed choice and consent relating to autonomy, responsibility and accountability should also be borne in mind in the provision of health and disability services.
Those principles accord with many of those expressed in this code.

However, there is an important distinction between the need to obtain informed consent and the obligation for health agencies to be open about the purpose for which they collect and hold health information.
Guidance on that code and matters of informed consent can be obtained from the Health and Disability Commissioner’s office.


dont forget, acc is NOT a health agency, it is an insurance company, and the abuse of rights is a subculture within acc....
0

#50 User is offline   unicorn57 

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Posted 19 March 2012 - 08:49 PM

View Postnot their victim, on 22 October 2011 - 10:03 AM, said:

Your name
Your addy
Your phone number
Your acc number



Request for Information – Official Information and Privacy Acts
PART A

• Request for Updated ‘IT’ Sweep.

1. Under the provisions of the Official Information and Privacy Acts, I request that ACC undertake and complete an 'IT' Sweep of all communications between ACC and all parties whether internal or external, that ACC stores on all of my claims, or names, injury related, non-injury related or otherwise.

a) To reiterate, this request is irrespective of the type of injury, or non-injury or otherwise, whether the communication is injury related, non-injury related or otherwise, or the type/nature of the communication.

B) Please ensure that the ‘IT’ Sweep is conducted and completed with every possible variation/s of my name and the names that I have previously been known by, which ACC is aware of and is documented on my claim files.

c) There are no formal previous requests for an ‘IT’ Sweep. There have been other requests under the Privacy Act and Official information act for Claim File Download

d) Through this further and new request made today, please provide any additional information that was not included in my previous requests. I would ask that any additional information not previously supplied to me, be in the same manner as outlined in this letter – without exception.

2. In requesting that an 'IT' Sweep be completed, I specifically require the following information also be provided to me through the 'IT' Sweep:-
3.
e) That the 'IT' Sweep be undertaken and completed for the period from approximately ????? insert date here and as above, to a date that is within the time frame for ACC to action requests for information under the IOA and Privacy Acts. I would estimate that this ‘IT’ Sweep request be conducted/completed up to, or approximate to, the date of ???? insert date here

f) Please confirm with me the formal ‘end date’ of this ‘IT’ Sweep request as soon as possible and prior to completion/delivery to me.






4. In addition, I also request that ACC undertakes and completes the 'IT' Sweep (as above), whether internal or external (as above) that ACC stores in the following areas also:-

i. All physical claims.
ii. ACC Complaints Office.
iii. Office of the ACC Complaints Investigation Unit and ACC Complaints Line/Office/Call Centre.
iv. ACC Head Office, Office of the ACC CEO, ACC Corporate Services, ACC Clinical Directorate, and any other such section/unit/branch of ACC as identified in the opening paragraph of this letter.
v. ACC Debt Management Unit.
vi. ACC Intelligence and Support Services.
vii. ACC Contracted Third Party Providers/Assessors and Treatment Providers.
viii. Non-ACC (Contracted) Providers/Assessors and Treatment Providers.
ix. Sensitive Claim requests-whatever your issue is

g) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful reason that this has been done, and;

PART B

• ACC Employee and External Access to Claimant files, information etc.

5. In addition to PART A above, under the provisions of the Official Information and Privacy Acts, I request that ACC also provides me with full details of the following from march 2002 up to an inclusive of this request being completed – estimated to be approximate to the date of ???? insert date here

h) Information as to who has specifically accessed my file/s for any reason/s, injury related, non-injury related or otherwise. Name, date and title details required of each person who has accessed my files, whether this be (ACC) internally or externally.

i) Please specify exactly for what purpose inclusive of any legislative requirements, any aspect of any part of my claim files (ACC) internally or externally – injury related, or non-injury related or otherwise, has been accessed. Names, date and title details required of each person who has accessed any aspect of my files, with the purpose/s being specified precisely for each and every occasion that this has occurred and why this has occurred.

j) Please provide information, reasons, and purposes as specified, detailed, outlined and in the same manner as discussed in PART A, No.3 (i–x) of this letter and PART B.




k) Please provide me with information, and copies of, the authority that exists or existed for any aspect of any part of my claim files, injury related, or non-injury related or otherwise, that were forwarded onto any other persons – (ACC) internally or externally, for what reason/s, purpose and under which legislative edict or otherwise, this was done. Names, date/s and title details required also.

l) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful and legal reason that this has been done, and why.

Please advise me by Email only when all information/documentation is available to me, at which time I will provide ACC with a physical address to courier the documents to me.

Please take this letter by Email/Attachment – PDF file, forwarded to you as the Case Manager of ACC, dated ????? as my formal written request to receive this information under the provisions of the Official Information and Privacy Acts.

If you wish to clarify any matters with me, please contact me by Email only and finally, I request that you acknowledge by return Email also, receipt of my formal written requests as outlined in this letter to you.


Thank you.


Your name here…………


Ive just sent this off...see whathappensnext
0

#51 User is offline   unicorn57 

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Posted 19 March 2012 - 09:36 PM

Privacy Principle
Rule 8: Accuracy etc of health information to be checked before use

(1) A health agency that holds health information must not use that information
without taking such steps (if any) as are, in the circumstances, reasonable to
ensure that, having regard to the purpose for which the information is proposed
to be used, the information is accurate, up to date, complete, relevant, and not
misleading.
(2) This rule applies to health information obtained before or after the commencement
of this code.


I have just sent in a complaint to OCI ACC using this above. Great. Thanks for that.
0

#52 User is offline   Moeroa 

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Posted 21 March 2012 - 12:27 AM

View Postnot their victim, on 22 October 2011 - 10:03 AM, said:




5. In addition to PART A above, under the provisions of the Official Information and Privacy Acts, I request that ACC also provides me with full details of the following from march 2002 up to an inclusive of this request being completed – estimated to be approximate to the date of ???? insert date here




Why March 2002 please?



4

#53 User is offline   hukildaspida 

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Posted 02 April 2012 - 09:53 PM

How to make a Subject Access Request, New Zealand is similar to how they do requests for Personal Information in the UK.
At least in the UK they state 40 days, unlike in New Zealand...


http://www.bigbrothe...ml#.T3l2hNmfkwQ

Big Brother Watch Top Tips

1. Try and include as much information as possible in your letter that you feel would help the organisation to locate all the data that you are requesting. This will help speed up their response.

2. Try and send your request by recorded delivery. This will provide you with proof that your letter has been received.


3. Make sure you keep a copy of the letter and any correspondence that you receive.

4. An organisation is within their right to charge a fee for retrieving this information, however usually that fee may be no more than £10. There are some exceptions, such as health records which are charged at a higher fee, so be sure to request information about all fees that will be incurred.


5. You can request the response to your letter to be in electronic or paper format.

6. If you can, read the organisation’s Privacy Policy which may highlight who you should address your letter to.

7. You can contact the Information Commissioner’s Office if you experience any difficulties in getting your information. You can contact them at www.ico.gov.uk or 08456 306060
0

#54 User is offline   Moeroa 

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Posted 06 April 2012 - 05:03 PM

View PostHuggy, on 27 October 2011 - 03:50 PM, said:

This file can be computer generated within minutes, again within minutes the column that contains surnames can be removed in order to protect the individuals privacy and once more within minutes can be attached to an email and sent to the claimant.

Now taking the above times into consideration, taking into consideration ACC's incompetance when dealing with anything even slightly technical, I believe allowing 30 minutes from start to finish would be more than ample time to process this request, so in a nutshell, very minimal time and costs involved to release the file, yet ACC are spending thousands of dollars relying on their legal advisors man hours to defend this, wasting thousands of dollars in man hours having the matter being reviewed by government services, and again, costing thousands of dollars of the man hours for the privacy commissioner to investigate numerous complaints, all in order to decline to release a file that could be done at the cost of probably around $10 - $20

hmmmmmm i smell a rat here...............ACC what are you scared of, are you finally realising this could expose innapropriate acces to claimants files, excessive access to claimants files, or perhaps, an evidence trail of where evidence could potentially be getting tampered with.

ACC it doesnt look good when a person at Government Services makes comment (located in released documentation), and I quote word for word, "Plus I have some queries as to why certain people would need access to his file".

That quote in itself implies innappropriate acces to my file, so go on ACC, release it while you can, before I seek the assistance of a High Court directive to get full discovery.


Now we have had the Bronwyn Pullar issue what can we expect?



Serious process failures by ACC: Bronwyn Pullar’s list
Published: March 28, 2012
by Kevin Hague
As you scan this list, please reflect on the fact that every one of these reminds me of issues other claimants have brought to me, and are endorsed by claimant organisations, lawyers and service providers who deal with ACC on a regular basis. And ask yourself if it is okay for this catalogue of issues to go uninvestigated (except for the privacy ones), as Government intends.

Legislation, Guidelines & Code Breaches by ACC:

1. Repeated non disclosure of correspondence regarding Bronwyn’s claim when requested.

2. Extensive disclosure of other claimant’s information to Bronwyn

3. No ability to restrict unauthorised access by 2500+ ACC staff and contractors to files, or medical files

4. Medical records (considered in law to be the most sensitive of personal information) are not given protection which is appropriate to their status and are treated as general documents.

5. Lack of procedure around dealing with statements of correction to incorrect reports

6. Threats of legal action against Bronwyn’s GP for refusing to disclosure non-injury information. Misuse of criminal provisions in ACC legislation.

7. Collection of information for an unlawful purpose

8. False written and oral statements by ACC staff with the purpose of unlawfully procuring medical reports for pecuniary purposes.

9. Defamatory statements by ACC employees

10. Exceeding lawful powers by investigating injuries for which no claim has been made.

11. Derogatory emails by ACC staff

12. Excessive Access to Bronwyn’s files – 1948 accesses within 3 ½ years, by about 150 different individuals, of which 1100 were in a single one year period.

13. Staff accessing files against management instructions

14. ACC167 Consent – used to coerce claimant’s into authorising otherwise unlawful collections of information.

15. Collection of personal information without claimant’s knowledge &/or attempted collection without knowledge

16. Collection and attempts to collect information unrelated to injury/claim

17. Imbalanced and biased decision making by Corporation

18. Covert/inappropriate communication to assessors which bias & negatively influence outcomes against claimants

19. Decision making without reviewing EOS

20. Lack of workability of electronic medical file for lawfully compliant decision making

21. Coercion, Harassment & Bullying, Unreasonable approach in management of claims. Use of threats of disentitlement to coerce

22. Dictatorial approach of Case Managers, failure to make reasonable accommodations for claimant needs.

23. “cherry picking” of unfavourable phrases from medical reports which contradict the ultimate conclusion.

24. ACC abusing its monopoly position by limiting the pool of qualified medical assessors to a select group (some individuals assessors are paid up in excess of $1 million annually for services), leading to the appearance of bias and unfair market practises.

25. Failure to demand adherence of staff to State Services Code of Conduct and to take appropriate action for breach

26. Failure of Office of Complaints Investigator to independently investigate complaints

27. Failure of Office of Complaints Investigator to follow a reasonable process when conducting investigations

28. Failure of Office of Complaints Investigator to validate the responses provided by ACC with the claimant for accuracy

29. ACC’s case management approach to Bronwyn is disruptive and destructive of her ability to rehabilitate/work part-time

30. ACC staff deliberately lying and writing false reports

31. ACC staff making clinical decisions without appropriate qualification

32. ACC staff making clinical assessments without medical competency

33. Deliberate interference in independent medical assessments

34. Prejudicial correspondence with independent assessors prior to assessments communicating ACC’s desired outcome – that injuries are spent &/or due to non-injury causes

35. Provision of unqualified, non-specialist opinions, by ACC internal medical advisors, contradicting existing specialist advice, prejudicing independent assessors and compromising their independence

36. Branches/Units having Case Managers who made an initial decision then conduct an administrative review of a matter before being sent to DRSL for review

37. Taking advantage of disabled claimants for actuarial/financial gain

38. Poor decision making which adds cost to the Corporation

39. Poor OCI processes which adds cost to the Corporation

40. Lack of flexibility over assessments/appointments/referrals

41. Lack of reasonable consultation and flexibility over assessments/ appointments/referrals

42. Unreasonable referrals/assessments processes which are exploitative e.g., chaperones, multi-party assessments, lack of privacy & dignity;

43. Focus on avoiding liability at the expense of effective early rehabilitation

44. ‘Silo’ culture where case managers are unaware of ACC’s own research into rehabilitation best practice

45. Constant churn of case managers – each new case manager is unaware of the medical evidence on file leading to poor decision making and is unaware of claimant’s issues; Avoidance strategy for accountability of actions.

Published in Economy, Work, & Welfare | Health & Wellbeing | Parliament by Kevin Hague on Wed, March 28th, 2012

Tags: ACC, Kevin Hague, privacy

More posts by Kevin Hague | more about Kevin Hague

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#55 User is offline   Moeroa 

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Posted 07 September 2012 - 04:43 PM

View Postnot their victim, on 22 October 2011 - 10:03 AM, said:

Your name
Your addy
Your phone number
Your acc number



Request for Information – Official Information and Privacy Acts
PART A

• Request for Updated ‘IT’ Sweep.

1. Under the provisions of the Official Information and Privacy Acts, I request that ACC undertake and complete an 'IT' Sweep of all communications between ACC and all parties whether internal or external, that ACC stores on all of my claims, or names, injury related, non-injury related or otherwise.

a) To reiterate, this request is irrespective of the type of injury, or non-injury or otherwise, whether the communication is injury related, non-injury related or otherwise, or the type/nature of the communication.

B) Please ensure that the ‘IT’ Sweep is conducted and completed with every possible variation/s of my name and the names that I have previously been known by, which ACC is aware of and is documented on my claim files.

c) There are no formal previous requests for an ‘IT’ Sweep. There have been other requests under the Privacy Act and Official information act for Claim File Download

d) Through this further and new request made today, please provide any additional information that was not included in my previous requests. I would ask that any additional information not previously supplied to me, be in the same manner as outlined in this letter – without exception.

2. In requesting that an 'IT' Sweep be completed, I specifically require the following information also be provided to me through the 'IT' Sweep:-
3.
e) That the 'IT' Sweep be undertaken and completed for the period from approximately ????? insert date here and as above, to a date that is within the time frame for ACC to action requests for information under the IOA and Privacy Acts. I would estimate that this ‘IT’ Sweep request be conducted/completed up to, or approximate to, the date of ???? insert date here

f) Please confirm with me the formal ‘end date’ of this ‘IT’ Sweep request as soon as possible and prior to completion/delivery to me.






4. In addition, I also request that ACC undertakes and completes the 'IT' Sweep (as above), whether internal or external (as above) that ACC stores in the following areas also:-

i. All physical claims.
ii. ACC Complaints Office.
iii. Office of the ACC Complaints Investigation Unit and ACC Complaints Line/Office/Call Centre.
iv. ACC Head Office, Office of the ACC CEO, ACC Corporate Services, ACC Clinical Directorate, and any other such section/unit/branch of ACC as identified in the opening paragraph of this letter.
v. ACC Debt Management Unit.
vi. ACC Intelligence and Support Services.
vii. ACC Contracted Third Party Providers/Assessors and Treatment Providers.
viii. Non-ACC (Contracted) Providers/Assessors and Treatment Providers.
ix. Sensitive Claim requests-whatever your issue is

g) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful reason that this has been done, and;

PART B

• ACC Employee and External Access to Claimant files, information etc.

5. In addition to PART A above, under the provisions of the Official Information and Privacy Acts, I request that ACC also provides me with full details of the following from march 2002 up to an inclusive of this request being completed – estimated to be approximate to the date of ???? insert date here

h) Information as to who has specifically accessed my file/s for any reason/s, injury related, non-injury related or otherwise. Name, date and title details required of each person who has accessed my files, whether this be (ACC) internally or externally.

i) Please specify exactly for what purpose inclusive of any legislative requirements, any aspect of any part of my claim files (ACC) internally or externally – injury related, or non-injury related or otherwise, has been accessed. Names, date and title details required of each person who has accessed any aspect of my files, with the purpose/s being specified precisely for each and every occasion that this has occurred and why this has occurred.

j) Please provide information, reasons, and purposes as specified, detailed, outlined and in the same manner as discussed in PART A, No.3 (i–x) of this letter and PART B.




k) Please provide me with information, and copies of, the authority that exists or existed for any aspect of any part of my claim files, injury related, or non-injury related or otherwise, that were forwarded onto any other persons – (ACC) internally or externally, for what reason/s, purpose and under which legislative edict or otherwise, this was done. Names, date/s and title details required also.

l) I request that ACC informs me if any information has been withheld, deleted, or blacked out in any way and if so, for what lawful and legal reason that this has been done, and why.

Please advise me by Email only when all information/documentation is available to me, at which time I will provide ACC with a physical address to courier the documents to me.

Please take this letter by Email/Attachment – PDF file, forwarded to you as the Case Manager of ACC, dated ????? as my formal written request to receive this information under the provisions of the Official Information and Privacy Acts.

If you wish to clarify any matters with me, please contact me by Email only and finally, I request that you acknowledge by return Email also, receipt of my formal written requests as outlined in this letter to you.


Thank you.


Your name here…………



Quote

We are not able to provide this information because ACC provided you with fully copies of your claim files on xx/xx/xxxx ACC also provided full copies of your claim files to your solicitor on xx/xx/xxx. ACC will provide you with a copy of your claim file from xx/xx/2009 up to 30 March 2012.


Claimant's injury occurred in 1993!



Quote

Information contained in an access log is limited to names of staff who accessed a file, their role, their department, and when the file was accessed. ACC has determined that the information you have requested is trivial. Therefore ACC declines to release this information pursuant to section 29(1)(j) of the Act.


PROOF ACC DEVALUES IT FILE SWEEP REQUESTS! THEY DO NOT COMPLY WITH PRIVACY AT ALL.

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#56 User is offline   not their victim 

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Posted 07 September 2012 - 07:57 PM

http://accforum.org/...-re-copy-files/


if you get the response that your request is "frivolous"...then this was written by a legal...I guess they wont mind us quoting said piece of legislation?

""I do not believe your new ‘rules’ are consistent with the Privacy Act; Section 42(2) of the Act requires ACC to make the information available in the way preferred by the individual requesting it. We would prefer that it is couriered to our office. ACC could hardly argue that couriering a copy of documents to an individual would impair efficient administration or be contrary to any legal duty of the ACC (insofar as it able to send the right files to the right person). Given ACC’s recent misgivings, one would assume that it would be keen to comply with the Privacy Act. ""
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#57 User is offline   Rosey 

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Posted 08 September 2012 - 03:07 AM

View Postnot their victim, on 07 September 2012 - 07:57 PM, said:

http://accforum.org/...-re-copy-files/


if you get the response that your request is "frivolous"...then this was written by a legal...I guess they wont mind us quoting said piece of legislation?

""I do not believe your new ‘rules’ are consistent with the Privacy Act; Section 42(2) of the Act requires ACC to make the information available in the way preferred by the individual requesting it. We would prefer that it is couriered to our office. ACC could hardly argue that couriering a copy of documents to an individual would impair efficient administration or be contrary to any legal duty of the ACC (insofar as it able to send the right files to the right person). Given ACC’s recent misgivings, one would assume that it would be keen to comply with the Privacy Act. ""





View Postaccounting, on 07 September 2012 - 10:08 AM, said:

Just got a copy of an email my lawyer sent ACC requesting file information that was not supplied with my file. Like my whole physical claim file seeing it is also included in my review and was included in my VOIA.

According to ACC they are now trying to tell my lawyer that ACC are not allwed to courier files anymore that they cam only be picked up from a physical branch with photo Id.

"HI Kristen,



I'm pleased to let you know that the information you have requested has now been copied however, our new rules about 'copy files' mean that we are unable to courier copy files, they must be collected from a Branch of ACC, with the person collecting showing ID. Can you confirm which office of ACC in Wellington you would prefer to collect them from and I will get them sent out,



Kind Regards."

My lawyers reply to the bullshit. is as follows.

"Dear Gillian



I do not believe your new ‘rules’ are consistent with the Privacy Act; Section 42(2) of the Act requires ACC to make the information available in the way preferred by the individual requesting it. We would prefer that it is couriered to our office. ACC could hardly argue that couriering a copy of documents to an individual would impair efficient administration or be contrary to any legal duty of the ACC (insofar as it able to send the right files to the right person). Given ACC’s recent misgivings, one would assume that it would be keen to comply with the Privacy Act.



Please arrange for the documents to be couriered to our office.



I look forward to hearing from you.

Kind regards

Kristen "


LOl kind of funny maybe i should forward a copy of an email my Gillian's team leader where she couriered my file to me in August seems one hand dosent know what the other is doing.



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#58 User is offline   unit1of2 

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Posted 08 September 2012 - 10:05 AM

Did you actually get the rest of your file/IT sweep then??? I got the usual insert of 'remove any internal legal stuff, put aside in seperate envelope and DO NOT COPY, DO NOT PASS ON TO CLAIMANT. Yes all very bold and underlined instructions in my SWEEP and of course there are headers with blank pages etc.. ALOT OF STUFF MISSING.. of course now as I understand it the phone conversations/ internal external etc are either NOT transcripted to the system or if are they are doctored... So to is all the emails... EVERY document I have has one date on it. The is the last date it was open for Veiwing/altering/resaving and printing ... obviously

Again I ask..did you manage to get your 'scrutinised, nomiminate to be frivilous stuff' sent to you???? I would love mine!
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#59 User is offline   not their victim 

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Posted 08 September 2012 - 07:35 PM

no i havent...

why

acc are aware

frighteningly aware...of the fraud all thru my file....

and right now, they are seeking legal advice....according to the cm, who does she think she's kidding...my emails automatically go to acc legal, and they too are complicit with the fraud...

oh dear...poor acc...hope a few of them enjoy their jobs a wee bit longer...fraud is fraud....and state servants arent allowed to commit fraud...

the sooner the heads roll the better...
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#60 User is offline   jaffa 

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Posted 22 September 2012 - 04:45 AM

View Postnot their victim, on 07 September 2012 - 07:57 PM, said:

http://accforum.org/...-re-copy-files/


if you get the response that your request is "frivolous"...then this was written by a legal...I guess they wont mind us quoting said piece of legislation?

""I do not believe your new ‘rules’ are consistent with the Privacy Act; Section 42(2) of the Act requires ACC to make the information available in the way preferred by the individual requesting it. We would prefer that it is couriered to our office. ACC could hardly argue that couriering a copy of documents to an individual would impair efficient administration or be contrary to any legal duty of the ACC (insofar as it able to send the right files to the right person). Given ACC’s recent misgivings, one would assume that it would be keen to comply with the Privacy Act. ""


ACC says it's a "trivial" request then invite you to contact the Privacy Commission. Yeah. Right.


View Postnot their victim, on 17 September 2011 - 09:58 AM, said:

you find all the lies in your file

you find the false statement written by acc asessors, and then you work hard with the HDC and medical Council to have them wiped off the medical Register

I did a followup yesterday to the HDC.....


asked why i was disentitled on a false report....


yet the assessor still gets his 245,000-750,000 for exiting us

I stated I wanted it noted, that i want the Doctor SUSPENDED, until the investigation is over

the contact at the medical council is unavailable until next week, and they too will be getting a followup phone call

I will continue along this line until the assessor IS SUSPENDED

what is even more disgusting to me, is that not only am I an injured claimant, I am also a member of the health profession, and what that doctor wrote, is able to kill me, if its the only report available!!!

I do not take kindly to Doctors lying their assess off, and having the governing body swwon around them to shut out the complaints

I will keep working on this, to make him accountable for writing blatant dangerous lies in my file, that now STAY IN THE F****** FILE for all petrptuity,and MAKE HIM ACCOUNTABLE to the HIPPOCRATIC OATH!

after all, its a crime to write in a document for pecuniary advantage....

so while i have some time on my hands, I read, study, get into the legislation, and make sure I know my rights

and it is my right to have this doctor suspended, and i will






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