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Request by convicted rapist for details of compensation claim by rape victim

Privacy
Legislation:
Official Information Act 1982
Section 9
Legislation display text:
Official Information Act 1982, ss 9(2)(a), 16(1)(e
Agency:
Accident Compensation Corporation
Ombudsman:
Sir John Robertson
Case number(s):
W2830
Issue date:
Format:
HTML,
PDF,
Word
Language:
English

Request by convicted rapist for details of compensation claim by rape victim—conviction under appeal—privacy of victim—s 9(2)(a)—public interest in right to justice—s 9(1)—summary provided—s 16(1)(e)       

A convicted rapist, who was appealing against conviction, sought an investigation and review of the decision of the Accident Compensation Corporation to refuse to make available correspondence between the Corporation and the Police relating to the rape victim. The requester had also sought details of the weekly compensation payments made by the Corporation to the victim. The Corporation had refused the requests under section 9(2)(a) of the OIA.

In seeking an investigation and review, the requester explained that he believed the information was crucial to his appeal because in giving evidence at his trial the victim had told the Court that she had not made any claim for compensation to the Corporation. The requester believed that the victim had misled the Court and that the information he requested would prove this.

In the course of the review, the Corporation made it clear that it had relied on section 9(2)(a) of the OIA on the grounds that its policy was not to give out information of an essentially confidential nature about clients. Having considered the information at issue, the Chief Ombudsman formed the opinion that disclosure of the information would infringe the privacy of the victim. He was satisfied that the fact of whether or not a person applies to the Corporation for compensation or details of any compensation payments are matters of privacy.

The Chief Ombudsman then had to consider whether there were any public interest considerations which outweighed the need to withhold the information (section 9(1)). He accepted that there is generally a public interest in a person’s right to justice and concluded that there was a public interest in this requester being able to show that the victim had lodged a claim for compensation. Disclosure of that information was necessary to meet the public interest in the requester’s right to justice at his appeal. However, the Chief Ombudsman was of the view that it was not necessary for that purpose for any further details to be disclosed to the requester.

The Chief Ombudsman advised the Corporation that, in his opinion, it should provide the requester with a summary to the effect that the victim had submitted a claim for compensation for the consequences of rape (section 16(1)(e) of the OIA). The Corporation accepted this view and advised the requester accordingly.

This case note is published under the authority of the Ombudsmen Rules 1989. It sets out an Ombudsman’s view on the facts of a particular case. It should not be taken as establishing any legal precedent that would bind an Ombudsman in future.

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