Income Insurance Scheme (Enabling Development) Act 2022

1 Title

This Act is the Income Insurance Scheme (Enabling Development) Act 2022.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions

3 Repeal of this Act

This Act is repealed on the close of 31 March 2025.

4 Purpose

The purpose of this Act is to enable the Corporation to prepare for the delivery of an income insurance scheme.

5 Treaty of Waitangi/te Tiriti o Waitangi

In order to recognise and respect the Crown’s responsibility under the Treaty of Waitangi/te Tiriti o Waitangi, section 9(3) of this Act sets out requirements that the Corporation must meet in relation to Māori in performing its function under the Act to carry out all work reasonably required for it to be in a position to bring an income insurance scheme into operation.

6 Interpretation

(1)

In this Act, unless the context otherwise requires,—

authorised purpose has the meaning given in section 10

chief executive means the chief executive of the Corporation

Corporation has the same meaning as in section 6(1) of the Accident Compensation Act 2001

income insurance scheme or scheme means a scheme, intended to be established under legislation, to provide temporary income replacement to certain persons who suffer loss or partial loss of employment

non-personal information means information that is not personal information

personal information has the same meaning as in section 7(1) of the Privacy Act 2020

responsible Minister means the Minister of Finance

specified government agency means any department or other government agency listed in Schedule 2

workers means employees and contractors.

(2)

In this Act, unless the context otherwise requires, any term or expression that is defined in the Accident Compensation Act 2001 and used, but not defined, in this Act has the same meaning as in the Accident Compensation Act 2001.

7 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

8 Act binds the Crown

This Act binds the Crown.

Part 2 Preparatory work for income insurance scheme

9 Corporation’s function and duties in relation to preparation for delivery of scheme

(1)

In addition to the functions specified in section 262 of the Accident Compensation Act 2001, a function of the Corporation is to carry out all work reasonably required for it to be in a position to bring an income insurance scheme into operation.

(2)

Without limiting subsection (1), the Corporation may—

(a)

design new systems and procedures (including, but not limited to, service delivery, organisational infrastructure, and technologies) to enable a scheme to be implemented; and

(b)

put in place the systems and establish the procedures described in paragraph (a); and

(c)

take any other action ancillary to and consistent with the function described in paragraphs (a) and (b).

(3)

In performing this function, the Corporation must ensure that, as far as is reasonably practicable,—

(a)

the views of Māori are taken into account in the design of the systems and processes for the income insurance scheme to ensure that the scheme is accessible to Māori and responsive to Māori perspectives; and

(b)

when the scheme commences, the Corporation will have the capability in the context of the scheme to contribute to improved Māori economic and labour market outcomes.

(4)

The Corporation must engage with Māori in good faith in meeting the requirements of subsection (3).

(5)

The Corporation must also engage with representatives of workers and employers in the design of the systems and processes for the income insurance scheme to ensure that the perspectives of workers and employers are taken into account.

(6)

The responsible Minister may direct the Corporation to perform additional functions consistent with the purpose of this Act, in accordance with section 112 of the Crown Entities Act 2004.

Information sharing

10 Purpose of sections 11 to 14

(1)

The purpose of sections 11 to 14 is to enable specified government agencies to provide information (including personal information) to the Corporation and the Corporation to use that, and other information held by the Corporation, for the authorised purpose.

(2)

In subsection (1) and sections 11 to 14, authorised purpose means the purpose of assisting the Corporation to—

(a)

set up the systems and processes needed for the Corporation to implement the income insurance scheme; and

(b)

test the systems and processes set up to implement the scheme; and

(c)

take all other incidental steps or actions reasonably required to implement the scheme.

11 Requests for information

(1)

The chief executive may request a specified government agency to provide non-personal information to the Corporation if the chief executive reasonably believes that the provision of the information is necessary for the authorised purpose.

(2)

The chief executive may request a specified government agency to provide personal information if—

(a)

the information is in one of the categories described in Schedule 3; and

(b)

the chief executive reasonably believes that the provision of the information is necessary for the authorised purpose; and

(c)

the authorised purpose could not be met by using non-personal information; and

(d)

the chief executive has first consulted the Privacy Commissioner in relation to the information to be requested.

(3)

The chief executive may request a specified government agency to provide personal information that is not within one of the categories described in Schedule 3 if the requirements in subsection (2)(b) to (d) are met in relation to that information.

(4)

A request under this section must—

(a)

be made in writing to the chief executive of the specified government agency (or the person occupying an equivalent position); and

(b)

specify the section of this Act under which it is sought; and

(c)

specify the reason for which the information is required; and

(d)

specify the time within which the information sought is to be provided (which must be no less than 10 working days after the date on which the request is made).

12 Provision of requested information

(1)

A specified government agency that receives a request under section 11 may provide the requested information to the Corporation if the chief executive of the agency (or the person occupying an equivalent position) considers that—

(a)

it is reasonable and practicable to communicate the information; and

(b)

the information is readily available; and

(c)

it is not undesirable to disclose the information.

(2)

Subsection (1) applies—

(a)

despite the requirements of the Privacy Act 2020 or any other enactment that might limit the disclosure of that information; and

(b)

regardless of the terms of any approved information sharing agreement under the Privacy Act 2020.

(3)

The specified government agency may impose any conditions on the provision and use of the information that the chief executive of the agency (or person occupying an equivalent position) thinks fit.

(4)

The Corporation must comply with any conditions imposed under subsection (3).

13 Use of information provided

The Corporation may, for the authorised purpose, use information (including personal information) provided to it by a specified government agency under section 12.

14 Corporation may use information available under Accident Compensation Act 2001

(1)

This section applies to information that the Corporation holds or has access to under the Accident Compensation Act 2001.

(2)

The Corporation may, for the authorised purpose,—

(a)

use non-personal information if the chief executive reasonably believes that the use of the information is necessary for that purpose:

(b)

use personal information that is within one of the categories set out in Schedule 3 if—

(i)

the chief executive reasonably believes that the information is necessary for the authorised purpose; and

(ii)

that purpose cannot be met by using non-personal information; and

(iii)

the chief executive has first consulted the Privacy Commissioner in relation to the information to be used:

(c)

use personal information that is not within one of the categories set out in Schedule 3 if the requirements in paragraph (b)(i) to (iii) are met in relation to that information.

(3)

Subsection (2) applies despite anything in information privacy principle 10 set out in section 22 of the Privacy Act 2020.

15 Status of sections 13 and 14 for purposes of application of information privacy principles

Sections 13 and 14 are authorisations for the purposes of sections 24 and 137 of the Privacy Act 2020.

16 Requirements for disclosure to Privacy Commissioner

(1)

When a specified government agency provides information under section 12, the Corporation must, within 15 working days after receiving that information, provide to the Privacy Commissioner—

(a)

a copy of the request for the information; and

(b)

a summary of the information provided by the agency.

(2)

When the Corporation uses information under section 14 that it holds or that it has access to under the Accident Compensation Act 2001, the Corporation must provide a summary of that information to the Privacy Commissioner within 15 working days after the date of that use.

Miscellaneous provisions

17 Relationship between this Act and Accident Compensation Act 2001

Nothing in the Accident Compensation Act 2001, including, without limitation, sections 262 and 265 of that Act, limits the operation of this Act.

18 Power to amend Schedule 2

(1)

The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 by adding the name of a government agency.

(2)

Before making a recommendation under subsection (1), the Minister must—

(a)

consult the Privacy Commissioner about the proposed use, for the authorised purpose, of information that may be held by the government agency; and

(b)

be satisfied that—

(i)

the provision of information by the agency is necessary for the authorised purpose; and

(ii)

if the information may include personal information, the authorised purpose could not be met by using non-personal information.

(3)

An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114
DisallowanceIt may be disallowed by the House of RepresentativesLA19 ss 115, 116
This note is not part of the Act.

Consequential amendment to Tax Administration Act 1994

19 Principal Act
20 Schedule 7 amended

In Schedule 7, Part C, subpart 2, after clause 42, insert:

42B Accident Compensation Corporation: income insurance scheme

(1)

Section 18 does not prevent the Commissioner communicating information to a person who is an officer, employee, or agent of the Accident Compensation Corporation if—

(a)

the person is authorised by the Corporation to receive the information; and

(b)

the Corporation has reasonable grounds to believe that the disclosure of the information is necessary for the development of systems and processes for the implementation of the income insurance scheme; and

(c)

the Commissioner considers that—

(i)

it is reasonable and practicable to communicate the information; and

(ii)

the information is readily available; and

(iii)

it is not undesirable to disclose the information.

(2)

For the purposes of this clause, income insurance scheme means a scheme intended to be established under legislation to provide temporary income replacement to certain persons who suffer loss of employment.

Schedule 1 Transitional, savings, and related provisions

s 7

Part 1 Provisions relating to this Act as enacted

There are no transitional, savings, or related provisions in this Act as enacted.

Schedule 2 Specified government agencies

ss 6, 18

Department of Internal Affairs

Inland Revenue Department

Ministry of Business, Innovation, and Employment

Ministry of Health

Ministry of Social Development

Schedule 3 Information categories

ss 11, 14

1

Information that enables a person’s identity to be verified, including name, gender, date of birth, and address

2

Information about a person’s—

(a)

ethnicity, including self-declared ethnicity:

(b)

employment, including details of a person’s employment status and history to determine their eligibility under the scheme:

(c)

income during the period over which eligibility under the scheme will be determined:

(d)

date of death:

(e)

agent, that is, identification and contact details of an agent where a person chooses to use an agent to act on their behalf or does not have the capacity to act:

(f)

visa status:

(g)

medical practitioner, that is, information that establishes that a person providing a medical certificate has the appropriate qualification and status to certify the opinion in the certificate

3

Case management information to assist with the Corporation’s obligations to provide return work services

4

Employer identification information

Legislative history

19 May 2022

Introduction (Bill 121–1), first reading, second reading, committee of the whole House, third reading

24 May 2022

Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.