[Paradigm Shift]

Please have a read of the attached consent form document and suggest modifications if necessary.
Claimant conditional consent #6

Attached File(s)

•  Conditional_Consent_6.doc (41.5K)
  Number of downloads: 255

[Huggy]

Well after nearly a month i have just received a letter from my CM re the conditional consent form along with the supplemetary form that i handed in to acc office. It states in there

"ACC has received a form from you authorising us to collect and release your personal information. Unfortunately we are unable to accept the form you sent us.

This is because you have not used the correct ACC form Claimant Authority for the collection and disclosure of information (ACC167). ACC must be certain that you are aware of your rights and responsibilities. ACC's consent form has been carefully written to properly advise you of these rights and responsibilities. This is why we ask you to use the ACC consent form provided.

The law establishes ACC's right to collect and supply information about a claim. Using an alternative, non ACC form does not change or limit your obligation to supply information to ACC, or ACC's ability to supply information to others. ACC is not bound by alternative forms which imply we must regularly seek your consent before collecting or releasing information.

Please be assured that ACC will continue to work in line with the Privacy Act 1993 and the Health Information Privacy Code 1994. We will ensure that the information about your claim is managed in a careful and appropriate manner."



They have returned the conditional consent form along with the supplementary sheet. Looks like they arent accepting the forms folks.

[fairgo]

LOL, it would seem that ACC branches are using 'form letters' to deny claimants the right to be in control of their personal information. This is wrong and ACC know it. This is a straight out bullying tactic. Don't buy into it. Send it back.....

[Huggy]

Im going to the Otago meeting tonight so will bring it along to show them. Is it possible they now have a law change that allows them to return the forms ?????

[fairgo]

in short... nope! They are trying it on and being successful unfortunately.

[MG]

This saga reveals ACC at its worst - as Judge Trapski wrote years ago they are an autocratic bureaucracy. The right to privacy is a fundamental human right and state agencies are only permitted to intrude on that right to the extent strictly necessary to enable them to perform their statutory functions. It seems ACC has got some advice from somewhere that it feels entitles it to trash the concept of informed consent.

[Easyrider]

Sign their form, and add the contsent form to it, write on top to be used in conjunction with the consent form attached. And if you then beleive your rights have been breached go to review. One of the ACC Reviewers from Auckland is ex privacy council.

[magnacarta]

Agree totally with Fairgo and MG - this is arrant nonsense and arbitrary and oppressive abuse on the part of the ACC case manager.

Moreover, I suggest that through this forum and most holding a copy of the IPRC Act itself that claimants know their rights and responsibilities far better than ACC knows theirs - which, in bad faith, they continue to fail to implement.

God only knows how the new CEO is going to solve this on-going problem.

[fairgo]

Unfortunately ACC seems to confuse internal "policy" with "legislation". Whilst it may well be their policy to reject such consent it is NOT legislation and therein lies the difference. Shame we have to put up with such absolute arrogant nonsense.

[magnacarta]

Agree Fairgo. Speaking of arrogance I had occasion to speak to a case manager at 3.58 PM today (23 November).

The arrogance was earth-shattering and when asked if action had been taken by her on a faxed letter dated 14 November - simple answer, No.

Why should they bother???? The Code of Claimants Rights is nothing more than an empty charade - a lacuna.

And no reasons were advanced by the case manager for not even acknowledging receipt of the faxed 14 November letter, let alone replying to the issues raised.

The new CEO has a mountain to climb - it isn't a hill any longer.

[Paradigm Shift]

The ACC consent form(ACC167) does not describe responsibilities with sufficient particularity. In reality the ACC omnibus consent form (ACC167) is a mechanism for the Corporation to use later in a fraud prosecution so as they can show a criminal trial that you have agreed to certain things without ever describing what those certain things are. You'll find that a criminal court has no interest in what you have or have not agreed to but just that you have signed your name to an agreement agreeing to disclose anything and everything regardless as to how the ACC may choose to interpret what they think they might have seen. Truly a very dangerous document.

When examining the documentation is leading up to the ACC criminal prosecutions for fraud without exception the Corporation is desperate to get the omnibus consent form(ACC167) signed as this is usually critical to the fraud prosecution. The Corporation use the(ACC167) as an alternative to an open search warrant. Not even the courts will allow the police to have open search warrants. Remember the saying "A man's home is his castle". This is a concept well founded in law for the purposes of preventing legal authorities from being selective in the information gathered for an inquiry of any type. In other words the King cannot go rummaging amongst your things for the purposes of supporting a hypothesis of belief about your loyalty or integrity. Otherwise we may be judged guilty and then the Corporation simply find the facts to support the hypothesis.

Remember that we are innocent until proven guilty and when there is an allegation made against us we must be able to preserve the evidence for our defence and ensure that any person viewing the evidence are forced to look at all of the evidence, not just the evidence the Corporation has selected. The breach of these very basic concepts is especially visible with the initial occupation and vocational assessments.

To prevent criminal allegation you need to be in full control of your information at all times. The top legal minds in New Zealand strongly recommend that the Corporation only have information that is needed for a particular reason.

With the Initial Occupational and Vocational Assessments it is extremely important that the assessors do not pass any information on to a medical assessor until you have approved that information to be accurate. If wrong information goes before a medical assessor then the Corporation can rely upon the medical assessment for their decisions at which time you will end up having to deal with a cancellation of entitlement as a review hearing or worse district Court.

The Corporation should receive assurances that you will provide consent for information when properly asked and only when there is a proper purpose for such information.

I again recommend to the use of the attached form that reassures the Corporation will have consent whenever properly needed. While other form to attached to the ACC consent form has its place in many instances some thought must be given to physically preventing the Corporation from conducting private investigations or requiring preferential information to support a hypothesis without proper regard for any hearing from you as a claimant.
http://www.accforum.org/forums/index.php?a...e=post&id=18864

[Huggy]

P-Shift the link you supplied in your last message is the form i printed and suppied to the corporation along with the notification form that states any old forms are revoked. Also the supplementary sheet to be read in conjunction with the conditional consent form was provided.

All these forms have been returned.

[Paradigm Shift]

Perhaps you should nail your consent form to their door. Maybe you should carve your consent form on their desk or tattoo it on the back of their hand.

Perhaps you might like to download " Mel Gibson Freedom Speech" from the Internet. Martin Luther King also has good Freedom speech material. The original Martin Luther nailed his declaration to the door.

[Noddy]

Huggy - I had exactly the same forms returned to me and same covering letter about 4 weeks ago. Strange - ACC has had them since July and have been following the instructions as per the consent form. Now they say it isn't valid and they won't accept it. Have been summonsed to meet new CM next week..... It is interesting as the form says that the consent is for the duration of the claim or another period negotiated with the CM - go figure!

So how many others have had the same happen to them recently? There was another post about this last month....

Noddy

[doppelganger]

as I would say the corporation wants to collect information. ask what information and who is the information coming from.

if you get a threatening letter then review the decision to delay the entitlement.

this will show that the corporation either has no intention to collect information to do with the claim or will inform what entitlement will be given.

any way you win the review.

[sv5000]

ACC had a law change as of the 1st November 2005 rejecting ANY forms that are altered or have attachments. I know this first hand as I have gone 4 weeks now without wc because of the new law change. I refused to sign the form without my attachment that they have accepted for the past 3 years and it just came back with a new one each time. They stopped my wc and refuse to backdate it, out of sheer desperation to feed my family I caved in and gave them what they wanted, still refusing to backdate my wc. They claim... "ACC are receiving to many different consent forms that in effect deny ACC to do what the form is designed to, for this reason weekly compensation will cease until such time a new form is signed and returned. WC payments WILL NOT be backdated "!!!!!! So people, be prepared for all these forms to come streaming back to you. I had mine in before the law change by some 3 weeks and they still rejected it.

[Huggy]

Read Me looks like this might stuff it up for us if its true. However i have reworked my forms and wonder if its worthwhile sending them in and see if they accept or decline. Have a read and see what you think.

I have taken legal advice and am informed that your demand that I surrender my right to provide or collect informed consent to ACC's use of my personal information is unlawful and breaches my fundamental right to privacy.

For the avoidance of doubt, the ACC167 Form has been signed and has been returned to you, however, it is to be used in conjunction with the enclosed form.

The enclosed form overrides the ability for you to seek or to release information without my informed consent.

My consent will only be provided on a case-by-case basis.

Please attach the enclosed consent form into my file along with the ACC167.


If the enclosed form is not accepted i would appreciate if you could inform me under what legislation and when this legislation was introduced.




And here is the enclosed form

ACC






Dear Sir/Madam



CLAIMANT AUTHORITY FOR THE COLLECTION
& DISCLOSURE OF INFORMATION




You have asked me to complete and sign an ACC 167 form which authorises ACC to collect and disclose information as required. The way this document is worded, deprives me of my legal right to provide informed consent. I do not agree to provide my consent on the basis you have asked me to. If you tell me what information you wish to obtain and from whom you wish to obtain it, or what information you wish to provide and to whom you wish to provide it, I will then be able to provide my consent to this specific information and the specific provider/recipient on a case by case basis. This is the form of consent that I will sign as required provided it is reasonable for me to do so.

“I authorise the collection of (specify information) from the following (specify persons or agencies)

I authorise the disclosure of (specify information) to the following (specify recipient).”






Yours Sincerely





Claimant

[MG]

There has been no law change on the requirement for ACC to obtain claimants' informed consent on its use of their personal information. What has changed is ACC's view of the legal effect of the supplementary consent sheets. I suspect they got some high powered legal advice from one of the big law firms, who are no friends of ordinary citizens.

[fairgo]

Thanks MG for clarifying this issue. Again it is "policy" not "legislation". ACC are trying to make out that policy = legislation. It does not, no matter how many times ACC say it.