Income Insurance Scheme (Enabling Development) Bill

  • enacted

Income Insurance Scheme (Enabling Development) Bill

Government Bill

121—1

Explanatory note

General policy statement

This Bill enables the Accident Compensation Corporation (ACC) to carry out work to bring an income insurance scheme into operation, should it be established under subsequent legislation. Nothing in the Bill is intended to limit or affect the scope or design of any scheme that may be provided for under such legislation.

That work will assist ACC to create a stronger and more efficient implementation platform for a scheme. The Bill includes a provision that recognises the Crown’s commitment to the Treaty of Waitangi/te Tiriti o Waitangi principles. This includes partnering with, supporting, and empowering Māori to improve their lives. The Bill requires ACC to engage with employers, workers, and Māori, and to be purposeful in developing a scheme platform that will contribute to improving Māori economic and labour market outcomes. The Bill enables information sharing with other government agencies. This mirrors information access that ACC already has for the Accident Compensation scheme. The provisions are necessary to enable ACC to create and test systems and processes to ensure a scheme platform can be developed to be administratively efficient, provide timely and accurate service to clients, and have robust protection in place for personal information. Personal information can only be requested and used when absolutely necessary and ACC remains accountable under the Privacy Act 2020 to keep such information secure.

Departmental disclosure statement

The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 5 May 2022 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and brings the Bill into force on the day after the date on which it receives the Royal assent.

Clause 3 repeals the Bill on the close of 31 March 2025.

Clause 4 sets out the purpose of the Act, which is to enable the Accident Compensation Corporation (the Corporation) to prepare for the delivery of an income insurance scheme (the scheme).

Clause 5 sets out how the Bill recognises and respects the Crown’s responsibility to give effect to the Treaty of Waitangi/te Tiriti o Waitangi.

Clause 6 defines various terms used in the Bill.

Clause 7 allows for transitional and savings provisions that may later be added into Schedule 1 of the Bill.

Clause 8 provides that the Bill, when enacted, binds the Crown.

Clause 9 sets out the Corporation’s function and duties in relation to preparation for delivery of the scheme.

Clause 10 sets out the purpose of clauses 11 to 14 (the authorised purpose), which is to enable the government agencies listed in Schedule 2 of the Bill (specified government agencies) to provide information to the Corporation and for the Corporation to use that information, and other information held by it, for the purpose of setting up and testing the systems and processes needed for it to implement the income insurance scheme.

Clause 11 provides for criteria that must be met before the chief executive of the Corporation may request a specified government agency to provide information to the Corporation and how the request must be made. The criteria to be met differ according to whether the information is non-personal information (clause 11(1)), personal information that is within one of the categories listed in Schedule 3 of the Bill (clause 11(2)), or personal information that is not within one of those categories (clause 11(3)).

Clause 12(1) and (2) authorise a specified government agency to provide information in response to a request for information if the chief executive of the agency considers that it is reasonable and practicable to provide the information, that the information is readily available, and that it is not undesirable to disclose it. Clause 12(3) and (4) empower a government agency to impose conditions on the provision and use of the information and require the Corporation to comply with the conditions imposed.

Clause 13 provides for the Corporation to use information received from a specified government agency in response to a request for information.

Clause 14 applies to information held by the Corporation, or that it has access to, under the Accident Compensation Act 2001. It provides for the Corporation to use this information for the authorised purpose, provided certain criteria are met. Under clause 14(2)(a) to (c), these depend on whether the information is non-personal information, personal information that is within one of the categories listed in Schedule 3, or personal information that is not within one of those categories.

Clause 15 specifies the status of clauses 13 and 14 for the purposes of the application of privacy principles under the Privacy Act 2020.

Clause 16 requires the Corporation to provide to the Privacy Commissioner copies of information requests made to specified government agencies, summaries of the information provided in response to those requests, and summaries of information used by the Corporation under the authority provided by clause 14.

Clause 17 provides for the relationship between the Bill and the Accident Compensation Act 2001.

Clause 18 provides a power to amend Schedule 2, by Order in Council made on the recommendation of the Minister, to include the names of other government agencies. Clause 18(2) requires the Minister to consult the Privacy Commissioner and be satisfied that the provision of information by the agency is necessary for the authorised purpose and that the purpose could not be met by using non-personal information.

Clause 19 makes a consequential amendment to the Tax Administration Act 1994.