Privacy, consent and your rights
If you are an injured employee, additional information can be requested in relation to your claim.
Personal information and the consent process
The Accident Compensation Act 2001 has been designed to protect and assist New Zealanders if they are injured.
ACC or Accredited Employers in the ACC Partnership Programme, and Third Party Administrators (WorkAon), are entitled to access relevant personal and medical information directly related to the injury or occupational disease. This is so decisions can be made regarding:
- Claim cover
- Rehabilitation for a work-related injury claim.
The ACC45 Medical Certificate completed by the ACC Registered Treatment provider contains a consent that allows WorkAon to obtain personal injury-related information about the injured employee. This then allows WorkAon to lodge the injury claim and to activate the initial need process to support the injured claimant.
Further consent requests
Where further ongoing information is needed or an employee is unable to return to work, WorkAon has a specific consent form which the injured staff member will be asked to sign. This allows WorkAon to share relevant information with treatment providers when investigating injuries and planning rehabilitation interventions.
This includes when:
- Determining diagnosis
- Determining coverage for injuries
- Planning rehabilitation support.
The University and/or WorkAon staff will obtain the injured person’s consent for the collection and release of information by asking the injured employee to complete a consent form.
A fact sheet will be provided to the employee in such cases so that they understand the consent process.
The consent does not allow WorkAon to access, hold or disclose information that is not relevant to a claim. The University and WorkAon are bound by the provisions of the Privacy Act and the Health Information Privacy Code.
Both WorkAon and the University are required to inform ACC of any privacy breaches and are subject to an audit of this process.
In these cases, a fact sheet will be provided to the injured employee so that they understand the consent process.
The consent process
- Injury occurs.
- Employee reports accident to rehabilitation coordinator/case manager.
- Employee and rehabilitation coordinator complete claim/consent form.
- Rehabilitation coordinator explains consent process to injured employee.
- Claim/consent form forwarded to WorkAon.
Code of rights
Under the Accident Compensation Act 2001, a Code of Claimant Rights has been developed and applies to all injury claims managed by ACC and Accredited Employers.
The code outlines the rights that an injured employee has in regard to how they are treated when they make a workplace accident claim. The same rights apply to how ACC must interact with all claimants they deal with.
There are no financial awards if the code is breached. However, directives may be issued to apologise and/or amend procedures if complaints are substantiated.
We reference the code of ACC Claimants’ Rights in all cover decisions.
As an Accredited Employer, we are required to:
- Treat all employees who make claims with respect, dignity and honesty
- Make a copy of the code available to any staff member who requests this
- Investigate and respond to any concerns or issues staff have in regard to a possible breach of their rights by supervisors, managers or WorkAon.
The rights under the code are to:
- Be treated with dignity and respect
- Be treated fairly and have your views considered
- Have your culture, values and beliefs respected
- Have support persons
- Have effective communication
- Be fully informed
- Have your privacy respected
- Be able to complain.
Every person who makes a claim must be advised of, and have access to, the ACC Code of Claimants' Rights.
Complaints and disputes
Find out more about the different ways of raising a work-related complaint or disputing a decision.
Look now: Complaints and disputes.
Last Updated: June 2020
Next Review: June 2023
Approver: Associate Director, Health Safety & Wellbeing