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#1 Totally Biased

Totally Biased

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Posted 20 August 2017 - 02:06 AM

Your complaint

Thank you for your patience while this complaint was investigated.

 

You have forwarded the following four issues and requested ACC investigate these points as a complaint.

 

• Investigation into the ACC Claim suspensions thus far on all of your ACC Claims and explanations provided.

• Explanation provided around the reasons why your claims have been declined at one time and many others.

• Complaint investigation into these matters. Individually and collectively.

• Explanation provided around why there is no documentation providing any information on why the claim was declined.

 

Claim Suspensions

During the period November 2007 to May 2009 ACC sent numerous warning letters advising if you did not attend appointments, provide relevant information or confirm referrals and meetings with medical practitioners, ACC would stop your weekly compensation payments.

 

On 18 May 2009, a letter was sent to you advising as you have not made contact, ACC will not provide weekly compensation from 15 May 2009 and will therefore close your claim.

These decisions carried review rights at the time of issue.

The ACC findings letter dated 29 October 2009, confirmed your weekly compensation payments ceased on 27 August 2008, due to issues with your bank account.

 

 

Declined claims

 I am able to view the following decline letters on your file confirming the reasons for the declined decisions.

These letters carried review rights at the time of issue. I have attached copies of the decline letters for your convenience.

 

23 September 2013 - Decline weekly compensation

 

13 February 2014 - Decline application for a Lump Sum and Independence Allowance

 

23 June 2017 - Decline weekly compensation

 

In regards to older/historical claims, there is currently no information available on file to advise why these were declined and as ACC no longer holds the file records these are unfortunately irretrievable.

 

 unfortunately irretrievable. 

 

 

 

Further to this, ACC Information and Knowledge Services (IKS) have clarified what the ‘official’ requirements are around the keeping of records. IKS have provided the relevant ACC Retention policy which I have included for your convenience.

Whilst this has varied from time to time, it has consistently been in compliance with the relevant legislation in force at that time.

ACC Retention Policies ACC's retention policy has varied from time to time and has been governed by the legislation operating at a particular time.

 

Pre 1997 Prior to the enactment of the Health (Retention of Health Information) Regulations 1996 ACC followed Inland Revenue Department's retention and disposal policy of seven years.

ACC stored the file locally in its Branch for one year and thereafter for six years in a storage facility.

The file would then be destroyed if there was no activity on the file within the seven year period.

That is, once a claim file was closed, ACC stored the file locally in its Branch for one year and thereafter for six years in a storage facility.

The file would then be destroyed if there was no activity on the file with the seven year period.

 

From 1997 From the enactment of the 1996 Regulations, ACC followed this legislation.

Physical claim files were retained for a minimum of 10 years from the day following the last date of action on the claim file.

This is now expressly required under section 66 of the Accident Compensation Act 2001.

 

2005 All destruction of claimant files was ceased under the Public Records Act, 2005.

 

2006 An ACC specific retention & disposal Schedule became a legal authority responsible for the retention and disposal of ACC claim files.

 

In 2006, the Corporation's policy became:

• A minimum retention period of 10 years for records in respect to ACC claims that are approved or declined at the Corporation's Service Centre or Contact Centre.

• ACC claims that are transferred to Branch or a Specialist Unit for case management are to be retained for the 'life of the claimant'.

• Accidental Death claims are to be retained for 10 years from the date of the last action on the claim.

 

• ACC claims that are transferred to Branch or a Specialist Unit for case management are to be retained for the 'life of the claimant'.

 

 

2010 The policy was amended in 2010 to expand the coverage to electronic and digitised records as well as reduce the retention of some categories of records.

The retention periods are now aligned to the retention policies for District Health Boards.

• Physical files managed at Branch or Specialist Units are now retained for 20 years from the date of the last action on the claim.

 

 In December 2010, the Certificate of Compliance for Virtual Claim File with Archives New Zealand’s Digitisation Certificate Standard was signed off by ACC’s Chief Executive Dr Jan White. Which then provided ACC the authority to dispose of the physical claim documents and records, allowing the electronic claim documents and records to become the authoritative records.

 

In January 2011, the ACC Claim Information Retention and Disposal Schedule was updated to include electronic claim information captured through the Virtual Claim File.

• Electronic (digitised) records managed at the Branch or Specialist Units are retained for 75 years from the date of the last action on the claim.

• Digitised Original Source Documents six months from the date that the batch file is archive.

 

Since October 2015, ACC have been working on back scanning physical files from claims to ensure Case Managers have the information needed to make timely decisions for clients and better manage duration and rehabilitation.

This is being rolled out across New Zealand.

 

We are unable to consider this complaint under the Code of Claimants Rights (the Code) as the Code is not about cover or the type and level of entitlements that ACC is obligated to provide.

Please also note as the historical file information precedes the Code we are unable to address these issues and this letter does not contain review rights.

You can contact the Office of the Ombudsman if you wish to make a further complaint.

For more information call 0800 802 602 or go to www.ombudsman.parliament.nz.

Yours sincerely ----- ----- - – Resolution Specialist Resolution Services, ACC


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