ACC blunder puts sex abuse file in wrong hands

An article from the Sunday Star Times by Jonathan Marshall

ACC has launched an inquiry and offered to pay a sexual abuse victim $10,000 after accidentally sending her patient file to her local superette – where it was opened by the shop's owner.
The Eastern Bay of Plenty woman, who cannot be named for legal reasons, applied to receive a copy of her Accident Compensation Corporation file last month.
The file, managed by ACC's sensitive claims unit, contained an estimated 250 pages of psychological reports and case notes.
Because the woman lives in a rural location, mail is sent to a local superette for recipients to collect.
But when ACC sent the courier package to Matata Superfoods near Whakatane last week it did not write the woman's name on the package, addressing it only to the store.
Matata Superfoods owner Supinder Mann said he opened the "fat package" because it was addressed to his business, not an individual. Mann said he did not read the file or show it to anyone but gave it to the victim's husband when he worked out the intended recipient.
The woman declined requests to talk about the mix-up or any details of a possible settlement, but the Sunday Star-Times has been told by sources within ACC that meetings were held within the corporation last week to determine how the confidential package ended up in the wrong hands.
The privacy commissioner has also become involved, and, it is understood, has been working on the woman's behalf to negotiate a settlement package.
Investigator Dawn Swan confirmed the commissioner's involvement but said she could not comment.
However, it is understood the package will include a $10,000 cash payment to the woman, relocation fees so she and her husband can move out of the rural community, and a face-to-face apology.
An independent investigator is also likely to be appointed by ACC to examine the case.
It is expected that the settlement package agreement will contain a confidentiality clause, meaning that the woman cannot talk to the media about the blunder.
On Friday, ACC media and public relations lead adviser Laurie Edwards confirmed the investigation had been launched, but cautioned anyone quick to blame the corporation.
"Sometimes, and it's not really an excuse, it won't have been us that made the mistake," he said.
"We do around 30,000 to 40,000 letters a day and use an external mail house to process them. It may have been an error there.
"I'm not trying to make an excuse. We do accept responsibility for what they do."
Edwards ignored questions around the financial settlement.
ACC Minister Nick Smith last night said the corporation had not briefed him on the case – or the $10,000 payout – and he would meet officials tomorrow.
"Any breach of ACC's confidentiality requirements is unacceptable.
"It is inevitable in a large organisation like ACC, which deals with 1.6 million claims each year, that there will be mistakes," Smith said.
The minister said he would expect the privacy commissioner to investigate "not just the breach, but also whether there has been any system failure at ACC that needs to be addressed".
The misdirected patient file is not the first problem the woman, who suffered sexual abuse at the hands of her father in the 1980s, has experienced with ACC.
In April the Star-Times revealed details of internal ACC emails that labelled the woman a "mental health nutter" and someone who should consider taking her own life.
A senior staff member from the sensitive claims unit was relocated.

© 2010 Fairfax New Zealand Limited
http://www.stuff.co.nz/national/3955167/ACC-blunder-puts-sex-abuse-file-in-wrong-hands