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ACC167 - AUTHORITY FOR THE COLLECTION AND DISCLOSURE OF INFORMATION ERC cut

#1 User is offline   Fighter for Justice 

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Posted 03 June 2009 - 02:03 PM

ACC167 AUTHORITY FOR THE COLLECTION AND DISCLOSURE OF INFORMATION.

ACC have just cut my ERC because I did not sign an ACC167 Form. I did give ACC a form of consent in August 2008. My consent was "informed consent on a case by case basis". ACC returned my consent.
ACC then repeatedly threatened to cut my ERC if I did not sign an ACC2, then ACC167 Form.
Within last month I signed a one-off specific authority for IOA to give ACC my IOA Report.


QUESTION: HAS ANYONE ELSE RECENTLY HAD THEIR ERC CUT - BECAUSE THEY FAILED TO SIGN AN ACC2 or ACC167 FORM?


ACC in writing have refused to allow me to veto what ACC given to IOA/IMA - despite ACC gaining access to irrelevant personal/health information through previous assessments. You are made to feel you must answer questions!!

At end of recent IOA meeting the IOA asked my husband: "and where do you work?"
As my husband was only support person - this is highly inappropriate!
This is an example of what ACC claimants are subject to!

ACC in writing state: "ACC accept that you do not have consent to discuss personal information in relation to other family members and request that if you are asked any questions in the future about family that you respectfully decline to answer.
ACC will endeavour to ask any assessor that sees you to refrain from asking qeustions that are not directly related to you or your personal injuries.
It is important to note that Medical Practitioners need to take a good history about the person they are assessing especially around historical family medical problems, as the history may have a baring on appropriate recommendations for treatment and rehabilitation. You may answer yes or no to these questions whilst excluding family details such as names and ages without breaching their privacy".

I informed ACC I wanted certain items of information removed from information on my file. ACC's response is: "ACC DECLINE TO REMOVE ANY INFORMATION OF ANY REPORT OR DOCUMENT ON FILE".


This is ridiculuous. Where is the Privacy Act! There is none!
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#2 User is offline   Gloria Mitchell 

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Posted 03 June 2009 - 04:18 PM

View PostFighter for Justice, on Jun 3 2009, 03:03 PM, said:

ACC167 AUTHORITY FOR THE COLLECTION AND DISCLOSURE OF INFORMATION.

ACC have just cut my ERC because I did not sign an ACC167 Form. I did give ACC a form of consent in August 2008. My consent was "informed consent on a case by case basis". ACC returned my consent.
ACC then repeatedly threatened to cut my ERC if I did not sign an ACC2, then ACC167 Form.
Within last month I signed a one-off specific authority for IOA to give ACC my IOA Report.
QUESTION: HAS ANYONE ELSE RECENTLY HAD THEIR ERC CUT - BECAUSE THEY FAILED TO SIGN AN ACC2 or ACC167 FORM?
ACC in writing have refused to allow me to veto what ACC given to IOA/IMA - despite ACC gaining access to irrelevant personal/health information through previous assessments. You are made to feel you must answer questions!!

At end of recent IOA meeting the IOA asked my husband: "and where do you work?"
As my husband was only support person - this is highly inappropriate!
This is an example of what ACC claimants are subject to!

ACC in writing state: "ACC accept that you do not have consent to discuss personal information in relation to other family members and request that if you are asked any questions in the future about family that you respectfully decline to answer.
ACC will endeavour to ask any assessor that sees you to refrain from asking qeustions that are not directly related to you or your personal injuries.
It is important to note that Medical Practitioners need to take a good history about the person they are assessing especially around historical family medical problems, as the history may have a baring on appropriate recommendations for treatment and rehabilitation. You may answer yes or no to these questions whilst excluding family details such as names and ages without breaching their privacy".

I informed ACC I wanted certain items of information removed from information on my file. ACC's response is: "ACC DECLINE TO REMOVE ANY INFORMATION OF ANY REPORT OR DOCUMENT ON FILE".
This is ridiculuous. Where is the Privacy Act! There is none!


ACC can decline to remove stuff, but they canno decline to correct stuff. If you have the correct info and there is obvious incorrect info on file they must replace the incorrect info with the correct info.

I suggest you reword your request and send it in again.

And while you are at it, fax them off a series of that consent form with alterations to it, at very least signed under duress.

If you can show you have signed and sent them the consent form, regardless of whether they want to accept it.....you have signed one or more.....how can they cut you off for not signing? You have met the requirements of the act.

Gloria.
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#3 User is offline   Fighter for Justice 

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Posted 03 June 2009 - 06:56 PM

BUMP TO FRONT OF FORUM
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Posted 03 June 2009 - 10:50 PM

QUOTE "ACC will endeavour to ask any assessor that sees you to refrain from asking qeustions that are not directly related to you or your personal injuries".

Sorry but this really grates on me, ACC should ensure NO assessors ask ANYONE such questions. More to the fact, assessors should be professional enough not to do this.
But they continue to do so.....guess it is all part of ACC & assessors unprofessional dirty tactics.
I always reply: I consider that question inappropriate as that has nothing to do with me or my personal injury. Then continue to ask them how that information will be helpful to their medical assessment on my injury? This usually results in them shifting about in their seat and a quick stop to any such questions that they KNOW they should not be asking!

Sorry Fighter for Just, to get back on topic, agree sign with also writing "signed under duress and threats of ERC discontinuing"
Also search the sight for consent supplimentary form as acc has accepted many of these, after many letters saying they dont accept it.
Stay strong and good luck through your latest bout of harassment.
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#5 User is offline   Huggy 

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Posted 04 June 2009 - 07:29 AM

ACC do have the discretion to allow for informed consent. I currently have the matter with the Privacy Commissioner.

I was at a forum in Wellington yesterday where the representitive of Privacy Commissioner was in attendance. I had a good talk with him over some issues. Very interesting indeed.

I also talked with a rep from the Health and Dissability Commission and that was of interest as well.
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#6 User is offline   doppelganger 

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Posted 04 June 2009 - 11:00 AM

there is a few things that the ACC needs to know about the privacy Act

1. they must only supply correct information to any assessor. that means that they can not supply incorrect information to the assessor.

2. they can only gather the information to carry out an assessment that is described to you and nothing else.

3. the ACC can not hathet assessments to increase remuneration.

the 167 form is part of gathering documentation to increase there remuneration as listed in the policy and KPI's. in your case there is no delay in supplying of entitlements not to sigh any new 167 or any other form.

Go to the privacy commission and complain that ACC has incorrect information on file, wants to use the incorrect information to gain false reports. Ask if you have to sign a blank consent form. make sure that you inform the PC that you have given ACC consent to complete there tasks on a case by case bases.
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#7 User is offline   Alan Thomas 

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Posted 04 June 2009 - 12:21 PM

GETTING BACK TO BASICS

If the ACC need to seek out permission to acquire information obviously the law does not compel us to give our consent.

This means that we are perfectly within our rights to give the consent for the release of particular information as and when we perceive that it is justified that the ACC have consent.

Everything else is just intimidation and bullying. The capitulators amongst us do courses some ACC staff members do courses some of the ACC front-line staff to think they have a level of authority beyond their station.
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#8 User is offline   neddy 

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Posted 04 June 2009 - 07:43 PM

View PostAlan Thomas, on Jun 4 2009, 12:21 PM, said:

GETTING BACK TO BASICS

If the ACC need to seek out permission to acquire information obviously the law does not compel us to give our consent.

This means that we are perfectly within our rights to give the consent for the release of particular information as and when we perceive that it is justified that the ACC have consent.

Everything else is just intimidation and bullying. The capitulators amongst us do courses some ACC staff members do courses some of the ACC front-line staff to think they have a level of authority beyond their station.

Next time thay you lodge one of your many claims READ THE BACK OF THE ACC45 FORM, in it gives the right for any and all information regarding this claim is to be made available to ACC and it's agents, and you have signed it to have it accepted.

If you don't want the cover or do not want to be bound by the provisions, don't sign it.
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#9 User is offline   Sparrow 

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Posted 04 June 2009 - 10:35 PM

Neddy, most ACC 45's are now sent electronically and are zapped off and the person has no chance to sign it or even read the statement on it before it is on its merry way.
The best thing to do in this case is write to ACC and say that your ACC45 consent is subject to the restrictions on your ACC 167 and that ACC MUST notify you first before seeking any information from any source about you!!
Worked for me.
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#10 User is offline   doppelganger 

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Posted 05 June 2009 - 10:17 AM

One only has to only follow the legislation

Responsibilities of claimant
72 Responsibilities of claimant who receives entitlement
(1) A claimant who receives any entitlement must, when reasonably required to do so by the Corporation,
(a) give the Corporation a certificate by a registered health professional or treatment provider that deals with the matters and contains the information that the Corporation requires:
(B) give the Corporation any other relevant information that the Corporation requires:
© authorise the Corporation to obtain medical and other records that are or may be relevant to the claim:
(d) undergo assessment by a registered health professional specified by the Corporation, at the Corporation's expense:
(e) undergo assessment, at the Corporation's expense:
(f) cooperate with the Corporation in the development and implementation of an individual rehabilitation plan:
(g) undergo assessment of present and likely capabilities for the purposes of rehabilitation, at the Corporation's expense:
(h) participate in rehabilitation.
(2) Every such claimant must give the Corporation a statement in writing about any matters relating to the claimant's entitlement, or continuing entitlement, to an entitlement that the Corporation specifies, and must do so whenever the Corporation requires such a statement.
(3) If the Corporation requires the claimant to do so, the claimant must make the statement referred to in subsection (2) as a
statutory declaration or in a form supplied by the Corporation.
Compare: 1998 No 114 s 115

having an open consent that limits the Corporation to only gather information that the Corporation requires to manage the claim and of course relevant to the claim means that the Corporation can not use the non signing of the 167 saying that you are delaying the management of the claim.

you could also inform the case manager that the privacy Act does not allow the case manager to supply information that is not correct to any person or third party. this also means any document that has been requested to be corrected. this is the first step in getting criminal prosecution against a staff member for gaining KPI's by using fraudent documentation.

Place that on the 167 form will make the case manager think twice before gaining false documentation

Prosecuting the case manager has a flow on affect to the ones higher up.
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#11 User is offline   Sparrow 

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Posted 05 June 2009 - 10:35 AM

If a person is enjoying receiving weekly compo from ACC they have to follow the rules and one of them is sign the #167.
It is quite simple. If you dont want to follow the rules, then accept the consequences and remember you do not get retrospective payment either.

Noone and I repeat, noone, has ever succesfully sued a Case Manager. That is nonsence talk.
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#12 User is offline   Huggy 

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Posted 05 June 2009 - 11:02 AM

I never signed my ACC167 that ACC was requiring me to sign a few weeks ago, ACC threatened non compliance, 1 day after the non compliance date came in affect ACC sent me a letter stating they will allow my informed consent as long as i provide consent when requested within 7 days.

ACC have the discretion to allow informed consent. I have also taken the matter to the Privacy Commssioner to see if i can get a ruling that will help others.
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#13 User is offline   MINI 

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Posted 05 June 2009 - 11:20 AM

Please let us know how you get on Huggy as these things are important, as it is information we need to be aware of.

Like Sparrow I am for a stress free life and just sign the bloody thing cause I have nothing to hide that I know of. But having re-read my lasted decision from the Judge I am not so sure I am not being walked into a trap. But that would have to mean complicity, and I am not going to get into the thinking that the Courts are corrupt.

Where I come from in Public Service land everything I did had to be above board, or you would be breaking the code of conduct for my employment contract!!

Not used to all this underhand stuff!!!

Mini
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#14 User is offline   Fighter for Justice 

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Posted 05 June 2009 - 12:13 PM

THANKS for everyone's advice, help and suggestions. I am still contemplating my options, as I do not believe ACC can legally demand a "blanket consent". If ACC need us to sign we have consented to gathering/release of information - then ACC do not have the right to demand a blanket consent by law.

As very recently I signed a one-off specific consent authorising IOA to give ACC the new IOA Report - ACC have NO GROUNDS for stating that any part of my case management was being held up because of no signed ACC167.

ACC have not recently asked me for my "informed consent on a case by case basis" on any further matter.

It strikes me that this is just one of ACC's management tools - in other words if ACC do not like how a new IOA is going - then just cut the Claimant's ERC blaming non-compliance re ACC167 form.

In short I believe: ACC dictate, control and manipulate claimant's legal rights for their own ends.

I will now go and ponder my options further ................ MANY THANKS.
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#15 User is offline   doppelganger 

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Posted 05 June 2009 - 12:34 PM

View PostSparrow, on Jun 5 2009, 10:35 AM, said:

If a person is enjoying receiving weekly compo from ACC they have to follow the rules and one of them is sign the #167.
It is quite simple. If you dont want to follow the rules, then accept the consequences and remember you do not get retrospective payment either.

Noone and I repeat, noone, has ever succesfully sued a Case Manager. That is nonsence talk.



Sparrow you are wrong in that the 167 form has to be signed. There is not on on my file but the corporation has the ability to send the information to there assessors.

Black mail is what the case manager is doing in saying that the 167 form has to be signed as you sparrow do not receive compensation will not have compensation removed by having incorrect information supplied to assessors.

By making sure that the case manager is supplying relavent information the case manager saves money and time. Its economocal for the case manager to have the correct information supplied to the asessor.

as fighter will need to review the decision (remember that the ACC needs to make a decision and it is worth the effort ) you can review it that you do not need to supply blanket consent as ACC has to contact you before sending you to the assessor.

The ACC are sending information to assessors asking if they can acheive a pre set out come before they are notifying claimants so that the success rate his higher. they are always looking at way to abuse the system.

Sparrow help claimant make it easier for everyone.

Good thing is when you go for a review you list some of the serious mistakes that have been made including previous medical assessments. Doing that it puts the case manager on a very sticky path to a limited controled life.

If no one stands up no one will win.
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#16 User is offline   MINI 

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Posted 05 June 2009 - 12:40 PM

FFJ

And you would probably be quite justified in beleiving as you do..........however, most of us are too busy fighting for our rights on a 3x1 basis to even consider having another arguement with them.
( three entitlements at a time.)

There is just not enough time in the day, to keep everything up to a standard that can even keep me happy let alone, having to worry about, whether ACC are individually and culturally set in there minds about keeping our entitlements from us!!! I know they do it so I just try and cover my arguement from every angle. They are not the only govt entity that does that as u know.

Let us know what you come up with in the end. See Huggy has something at one of the High ups to have a look at this very problem, so maybe something good will come from that.

Heres Hoping

Good Luck

Mini
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