A man complained that the ACC collected information from his son's doctor without his son's consent in relation to a claim for cover arising from an accident. He also alleged that the ACC contacted his son's doctor and employer without consent.

However, I considered that the ACC's actions appeared to be governed by the Accident Compensation and Rehabilitation Insurance Act 1992 (ARCI Act).

Information sought from the doctor

Rule 2(2)(b) of the Health Information Privacy Code 1994 allows a health agency to obtain information from a source other than the person concerned if it is not reasonably practicable to collect it from the person concerned in the circumstances of the particular case.

In this case, the ACC wanted the doctor's reasons for deciding the son was unfit to work for a certain period of time. As the doctor's opinion was sought, it did not appear practicable to obtain the information directly from the son.

In any case, the son had authorised the ACC to collect information from his doctor pursuant to s 64 of the ARCI Act by signing an authorisation form. Section 64 requires every person who claims for or receives any rehabilitation, compensation, grant or allowance, when reasonably required to do so by the ACC, to authorise the ACC to obtain medical and other records which are or may be relevant to the claim.

The ACC contacted the doctor in reliance on the son's authorisation given under s 64 of the ARCI Act.

Information disclosed to the doctor

The man also complained that the ACC disclosed information to the doctor in approaching him for an opinion on the son's injury.

Section 7 of the Privacy Act provides that rule 11, which limits disclosure, does not derogate from an enactment that authorises or requires personal information to be made available. I considered that s 64 could be seen as a provision authorising information to be made available by the ACC in the process of collecting medical and other records. There was no evidence to suggest that the ACC had disclosed any information to the caller beyond what was reasonably necessary for the ACC to obtain the information which it was seeking.

Information disclosed to the employer

The man complained that the ACC contacted his son's employer and disclosed information. Section 65(4) of the ARCI Act provides that when a work injury claim is lodged direct with the ACC, it must refer a copy to the employer and request a work injury report within 21 days. The ACC considered this provision required it to provide an employer with information relevant to determining whether an injury is a work injury, to allow the employer to complete a work injury report.

I considered the ACC had strong grounds to argue that s 65(4) authorised them to disclose information, and that the Privacy Act did not override this authorisation.

The complainant did not appear to want to take the matter any further and I discontinued my investigation.

Indexing terms: Collection of personal information - ACC - Collection authorised by statute - Accident Rehabilitation and Compensation Insurance Act 1992, s 64 - Privacy Act 1993, s 7(4) - Health Information Privacy Code 1994, rule 2(2)(b)

Disclosure of personal information - ACC - Disclosure authorised by statute - Accident Rehabilitation and Compensation Insurance Act 1992, s 64 and s 65(b) - Privacy Act 1993, s 7(1) - Health Information Privacy Code 1994, rule 11

December 1998