[keentohelp]

I knew this thread would soon turn into an “ACC is Evil” one.

So is fire evil – if you look at everyone in the history of New Zealand who has been hurt, injured or killed by fire.

That does not stop it from being a very useful tool.

ACC forum is an unbalanced site where disadvantaged claimants can team up spiritually with a whole lot of other unhappy people but remarkably free of useful advice on how to follow the legislation to your best advantage (I don’t mean here undoing wrongs but in terms of simple material gain).

Such good advice as is to be found is just too hard to find.

This leaves accforum as a home for the dispirited and angry but makes it almost impossible to use a ‘toolbox’.

We need a Lounge for those who accept they are injured and wish to take best advantage of the cash, goods and services available to them under their compulsory insurance.

ACC cover is very valuable and worthwhile and even more to those who take full advantage of its benefits.

[doppelganger]

jocko, on 01 July 2012 - 09:15 PM, said:

Why shouldn't we have Permanent Disability compensation? Why shouldn't we have a threshold? In the past it was recognised. If you had a capacity for work of less than 85% then you were entitled to permanent compensation? Why should everyone have to be "Rehabilitated"? Especially when there is no work? It is fine for people who have rehabilitated and have comfortable lives to preach to others but some people are a sight worse off.Where do you draw the line?
So called Rehabilitation should be a choice. ACCs version of rehabilitation is straight out fraud.Otherwise they would pursue Social Rhab with the same vigour as they do Vocational Rehab. Vocational Rehabilitation is a term coined up by disability insurers world wide. I am on permanent ACC and had the ignorant pigs not tried to "Rehabilitate" me then I would still be producing export fish each year for the economy. If I put my body and my life on the line in my work and I pay an insurer to cover me in case of accident. Then the thieving bastards should do that. Not be given leeway to cheat me and bankrupt me with "Vocational Rehabilitation" When ACC vocational rehabilitation reaches the stage that everyone is comfortable with it come back and preach to me about how wonderfully good it is. Until then tell Paula Rebstock, not me.She loves this kind of idealistic dreaming.It keeps the exit wheels greased

When Sir Owen Woodhouse carried out the legislation he was following the Convention signed by the NZ government

Just two sections of that convention

Article 13
The cash benefit in respect of temporary or initial incapacity for work shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.
Article 14
1. Cash benefits in respect of loss of earning capacity likely to be permanent or corresponding loss of faculty shall be payable in all cases in which such loss, in excess of a prescribed degree, remains at the expiration of the period during which benefits are payable in accordance with Article 13.
2. In case of total loss of earning capacity likely to be permanent or corresponding loss of faculty, the benefit shall be a periodical payment calculated in such a manner as to comply either with the requirements of Article 19 or with the requirements of Article 20.
3. In case of substantial partial loss of earning capacity likely to be permanent which is in excess of a prescribed degree, or corresponding loss of faculty, the benefit shall be a periodical payment representing a suitable proportion of that provided for in paragraph 2 of this Article.
4. In case of partial loss of earning capacity likely to be permanent which is not substantial but which is in excess of the prescribed degree referred to in paragraph 1 of this Article, or corresponding loss of faculty, the cash benefit may take the form of a lump-sum payment.
5. The degrees of loss of earning capacity or corresponding loss of faculty referred to in paragraphs 1 and 3 of this Article shall be prescribed in such manner as to avoid hardship.

take note under the 72 and 82 Acts the expiry date of temporary loss of earnings was at the end of Vocational Rehabilitation.

Recommendations to the government recommended to place assessing Work capacity and Vocational Independence as Vocational Rehabilitation.

But Vocational Rehabilitation is also described in the convention as

Article 26
1. Each Member shall, under prescribed conditions--
(a) take measures to prevent industrial accidents and occupational diseases;
( provide rehabilitation services which are designed to prepare a disabled person wherever possible for the resumption of his previous activity, or, if this is not possible, the most suitable alternative gainful activity, having regard to his aptitudes and capacity; and
© take measures to further the placement of disabled persons in suitable employment.
2. Each Member shall as far as possible furnish in its reports upon the application of this Convention submitted under Article 22 of the Constitution of the International Labour Organisation information concerning the frequency and severity of industrial accidents.

I can not see in this convention that Vocational Rehabilitation is to be assessed to be able to work 30 hours or to be assessed to death.

Just take note

On Thursday or Friday the government has legislation changes brought to the house

The matter was about other conventions. One was about prisoners and cant remember the other Having those transcript would be good to say You treat criminals with respect but you disrespect workers. (notice leave out injured )

[MG]

That's the difference between democracy and authoritarianism, KTH. In the former, we all have to listen to things we disagree with, or regard as offensive. In the latter, freedom is repressed, not only in speech but most other things. Ask yourself which kind of society you prefer to live in. As to the view that ACC is evil, my response is "res ipsa loquitur" ("the thing speaks for itself"). Another suitable Latinism is "QED" ("Quod erat demonstrandum" = "the thing speaks for itself" again (very crude translation)). That's why I post on this site, as I believe it is my responsibility to let my fellow citizens know that evil is being done in their name.

[ACC loser]

keentohelp, on 02 July 2012 - 01:17 PM, said:

I knew this thread would soon turn into an “ACC is Evil” one.

So is fire evil – if you look at everyone in the history of New Zealand who has been hurt, injured or killed by fire.

That does not stop it from being a very useful tool.

ACC forum is an unbalanced site where disadvantaged claimants can team up spiritually with a whole lot of other unhappy people but remarkably free of useful advice on how to follow the legislation to your best advantage (I don’t mean here undoing wrongs but in terms of simple material gain).

Such good advice as is to be found is just too hard to find.

This leaves accforum as a home for the dispirited and angry but makes it almost impossible to use a ‘toolbox’.

We need a Lounge for those who accept they are injured and wish to take best advantage of the cash, goods and services available to them under their compulsory insurance.

ACC cover is very valuable and worthwhile and even more to those who take full advantage of its benefits.

So why did you post it then KTH ? When you put fuel on a fire you get flames !

[not their victim]

quote from Keen To Help...
We need a Lounge for those who accept they are injured and wish to take best advantage of the cash, goods and services available to them under their compulsory insurance.


bad choice of words there bud...


acc is NOT an Insurance Scheme


its a SOCIAL CONTRACT, THAT HAS BEEN BROKEN TIME AND TIME AGAIN!

[MINI]

KTH

I dont know any claimant that has been able to "Lounge" about and enjoy
entitlements given by ACC without a fight!! I should imagine if you do then you
may be in the wrong business, being that of an advocate to assist claimants
get their just entitlements not being given 'freely' by ACC as they should be.

You certainly have a wierd knack of printing the most rediculous trash sometimes.

As someone said earlier, you had already prodicted that your post was going to fuel a fire why bother putting it up. Getting bored are we?? Go help a few claimants who have been previously denied their 'interest' and see if you can help them past "Res Judicata". Plenty of dollars to be made there!!

Go well
Mini

[unicorn57]

There is no such thing as an UPside to EVIL INTENT - unless you are the devil, or a devil worshipper.

How ridiculous!

[jocko]

keentohelp, on 02 July 2012 - 01:17 PM, said:

I knew this thread would soon turn into an “ACC is Evil” one.

So is fire evil – if you look at everyone in the history of New Zealand who has been hurt, injured or killed by fire.

That does not stop it from being a very useful tool.

ACC forum is an unbalanced site where disadvantaged claimants can team up spiritually with a whole lot of other unhappy people but remarkably free of useful advice on how to follow the legislation to your best advantage (I don’t mean here undoing wrongs but in terms of simple material gain).

Such good advice as is to be found is just too hard to find.

This leaves accforum as a home for the dispirited and angry but makes it almost impossible to use a ‘toolbox’.

We need a Lounge for those who accept they are injured and wish to take best advantage of the cash, goods and services available to them under their compulsory insurance.

ACC cover is very valuable and worthwhile and even more to those who take full advantage of its benefits.

Keen my old doctor and I were speaking of this once and he told me how Justice Roper was a friend of his wifes and used to come and stay. My Doc would take him for a drink occasionally and from time to time they would run in to men the Justice had awarded lump sum compensation to prior to ACC coming in to being in 1972. He was surprised by the fact that they were all working. They used their compensation to buy Hotels, Grocery stores, fish and chippers. that sort of thing and had rehabilitated themselves. Although they were no longer fit as miners or bushmen etc. they could still do a bit and bought themselves jobs. We do not need case managers or public servants to rehabilitate.We need a safe income as the mainstay of any rehabilitation. Everyone wants to work. I have never met a claimant who doesn't want to work. Just as I have never met a case manager who wanted to help someone in to meaningful work. They all want to send us to Dr Marshall or Dr Turner.

[Moeroa]

bpc, on 30 June 2012 - 06:06 PM, said:

just don,t go out there and get yourself in to debt to do so !

According to Alpha Consultants ACC claimants should get into debt for their Vocational Rehab - even when it costs them their health and bankrupts them. As far as Irene Taylor is concerned ACC do not owe claimants rehab... but ACC pay her to "rehab" disabled claimants.

[keentohelp]

Now you have it Jocko – vocational rehabilitation.

This is one of the most valuable entitlements to those on weekly compensation and is determined unable to return to their occupation at date of injury.

Examples I know of include a gardener becoming a (rather well paid) office worker, a fish factory person now working for the Ministry of justice, a farmer working as an accountant, a social worker now teaching. There are many more.

Even self employment is available if you can provide a persuasive professional opinion that the endeavour has a good chance of success, including the person bring able to work themselves off weekly compensation.

That ACC do not like long term retraining, that ACC strongly objects to rehabilitating someone into self employment is beside the point.

It is available.

If a reasonable case can be shown for the rehabilitation you propose it can be gained through the due processes available.

The person whose Individual Rehabilitation Plan agrees with their own (reasonable) aspiration’s is the person most likely to succeed.

Such success can be measured not only by the presumably large costs to the Corporation but in the future career and prospects of the person along with the benefits to the person of being free of ACC.

It is often the case too that the person rekilling or upskilling really enjoys that process and even gets a significant degree of injury related benefit simply by being active, motivated and going forward.

Sitting at home, especially if mostly always broke, is not really too good for anyone. Unless of course they already have the means and the lifestyle to not want any future gains.

It is my view that every injured person should identify and then gain for themselves the most appropriate and valuable rehabilitation they can.

I sort of wish this though that thread could be addressed in terms of hat it tried to say:

An Upside to ACC Evil

It has long worried me that many (most?) accforum members appear to believe that being injured is somehow a ticket to an early and permanent retirement.

That is nothing like what the system was set up for and is anyway a ridiculous proposition.

ACC, on the other hand (see “Tough Love” http://www.accesssup....nz/issues.html) have set up an exiting routine with all the emphasis on an exiting roundabout with little or no vocational (or other) rehabilitation (see the flow chart at 7.19 in that document).

That too is not what the system was set up for and a riduiculous (and often devastatingly cruel) proposition.

If we accept (and I accept that many accforum members do not so please be aware this thread is not directed at you and please do not respond in your typical aggrieved fashion) that it is ACC’s proper place to exit via rehabilitation those claimants who cannot return to their old job and continue to carry significant impairment then now is the time for us to get in and DEMAND the rehabilitation that is properly ours.

I do not mean simply avoiding all ACC contact or treating every contact as a problem and a fight.

I suggest instead that every claimant – however injured – seeks career advice from a reputable practitioner (Careers Services are good and do not charge but more specialised services are available for people with more specialised injury needs or qualifications or non-injury impairments), identifies likely (and desired) occupations and the upskilling or reskilling required then requests ACC in writing to add that pathway to their Individual Rehabilitation Plan.

If it is agreed to you are already on the way to success.

If it is not agreed to then marshal your thoughts and the advice from your professional careers practitioner (adding any medical support you can get)and take it to Review.

If ACC can’t do their job for you then assist them to do it – AND TAKE CONTROL OF YOUR OWN VOCATIONAL (and other) REHABILITATION.

[unit1of2]

KTH... you said quote: suggest instead that every claimant – however injured – seeks career advice from a reputable practitioner (Careers Services are good and do not charge but more specialised services are available for people with more specialised injury needs or qualifications or non-injury impairments), identifies likely (and desired) occupations and the upskilling or reskilling required then requests ACC in writing to add that pathway to their Individual Rehabilitation Plan.

If it is agreed to you are already on the way to success.

If it is not agreed to then marshal your thoughts and the advice from your professional careers practitioner (adding any medical support you can get)and take it to Review.

If ACC can’t do their job for you then assist them to do it – AND TAKE CONTROL OF YOUR OWN VOCATIONAL (and other) REHABILITATION.


You are way out on a long line in alot of Claimant cases to suggest TBI and Spinal injured are always capable of knowing or being able to see their way clear to 'know what future employment' fits their situation if no-longer capable of their original employment... Most Mild to TBI's suffer in ways unimaginable to others and it's not an easy pathway for them to follow up what you calmly claim to be 'the way and thing to do'... You lack insight here and overall knowledge.

I can say that for some of the suffers..there is probably a good few that do somehow get to grips with some form of rehab themselves. It matters not what it is, however it matters that it is something that they can work towards to achieve doing. As it's suggested to find something in ones past if capable of doing so, that has been of a keen interest and try to achieve practicing it because it's along that route that the brain is trying to work again. Takes years in cases but it's 'a good therapy/rehab initiative'... Costs of following a chosen path vary obviously and this can be a 'BIG issue' for some claimants. Would ACC help with costs of a chosen rehab therapy.... ???? yeah right!!

[MINI]

KTH

I beg to differ with some of your comments.

Firstly we have to be able to understand that ACC have no intention of giving us our rightful entitlements.

Once we understand that, then we need to buy the relative Acts and start learning their law.

Kearney Justices say, we should not be seen as being able to understand the complicated law of ACC and this important stance will apply to a lot of us. So if you have little money and only Maslows theroy standard living utensils, then you are buggered. No money for lawyer without risking losing your house and you don't understand what ACC CM's job is.

To get past this massive obstruction you must be willing to give up your social life and any monies to have one anyway.

Rehabilitating yourself in such a way as you can actually fight for your rights through learned knowledge, first needs ACC to accept you have a 'covered injury', then slowly but only slowly, (like catching the preverbial monkey) you begin to have wins at Review and Appeal, which bring you little by little out of the gutter.

Remembering at this point what Kearney Justices say, you have actually began to understand what it is that the CM is supposed to have been doing for her wage. She has supposed to have been telling you what you are entitled to get from ACC and how to get it. Problem is by this time your job of sometimes many years is down the toilet, and you are in effect a loner at home with a awfully expensive piece of equipment called a computer, which gobbles up ink and paper, out of your food budget, and deary me, you can't afford to go for a holiday to the Cook Islands.

So after 10 years or so of being told off by your Dr and Physiotherapist, for spending two much time in front of the computer typing up submissions and plodding through all these entitlements you should have had, but have never been aware of, or cannot handle more than two at a time, you are beginning to tire somewhat from what has just become the most energy sapping decade of your life, you begin to see a light at the end of the tunnel.

AND

Part of that light is the fact that ACC has just signed an agreement that they will not let so many decisions made go to Review and Appeal, presumably because they intend to make the right decisions.

Yee bloody Ha!!! I am so pleased that no one else need to go through all this sh...t that has filled my life for a decade. I do believe if everyone in the future, flash that agreement under the nose of their CM and let them know they have a copy of the Act, that KTH will have no reason to put up his inflammatory posts, and their will be no need for ACC forum or focus, as all claimants will be treated equally and fairly, with CM's who have a Code of Conduct in the work place to make it a punishable offence if they do not give a person a list of their possible entitlements when they first gain cover for an accident.

Heres for keeping ACC honest for the claimants coming up. Heres for not needing such forums as this and any other means of harmed claimants contacting each other (as there will be no need). I never knew any ACC claimants before I lost my job and I shouldnt have needed to know any after, but this forum has actually been a godsend to me because ACC have been corrupt in the way in which we have been expected to challange them with no support or knowledge.

In the meantime, keep fighting, until we can see and feel the difference in their attitute.

Mini

[unicorn57]

LOL

I certainly wouldnt employ me!!! I havent even had ANY rehab yet, and Ive been on and off weekly comp for 15years. I keep asking for rehab but NO!! Wont even put it on the IRP - what IRP? So I always try and rehab myself - but they cant even leave that alone, and end up ruining all my efforts. Theyre just sicko control freaks!

You dont need to talk to people like theyre idiots KTH - like they havent thought of that themselves - its the CMs and ACC that are the idiots - go talk to them and see how far you get, and let us all know how it works out for you.

I know this woman who was harrassed by her ACC cm to get back to work - 2 weeks after having her 2nd leg amputated. The bully cm is standing in her house telling her she has to get back to work now!! What kind of a head does that come from huh! It comes from the psychosociopathic head of the ACC CM, thats where

Her rehab was bullybullybully!! And the whole town knew about it

ACC come out to small rural towns and start doing stuff like this to dearly beloved locals, and then wonder how people find out about it, and get angry at the cm and ACC doh!

[Moeroa]

2002/390

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’ Rights) Notice 2002

Pursuant to section 44 of the Injury Prevention, Rehabilitation, and Compensation Act 2001, the Minister for ACC gives the following notice.

1 2

1

2

Title Code of ACC Claimants’ Rights approved

Title

Schedule Code of ACC Claimants’ Rights

Contents

Notice

This notice is the Injury Prevention, Rehabilitation, and Com- pensation (Code of ACC Claimants’ Rights) Notice 2002.

Code of ACC Claimants’ Rights approved

The Code of ACC Claimants’ Rights set out in the Schedule is approved.

Price code: 10—CX 1

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’ Schedule Rights) Notice 2002 2002/390

cl 2 Schedule Code of ACC Claimants’ Rights

Part 1: Introduction

1.1: Background

1.2: Purpose of Code

2

This Code of ACC Claimants’ Rights (this Code) has been established under sections 42 to 44 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 (the Act).

This Code confers rights on claimants and imposes obligations on ACC in relation to how ACC should deal with claimants.

This Code comes into force on 1 February 2003, and a complaint can be made under this Code from that date. A complaint cannot be made under this Code about any dealings ACC had with a claimant prior to 1 February 2003.

The purpose of this Code is outlined in section 40(1) of the Act. The Act states that the purpose of this Code is to meet the reasonable expecta- tions of claimants (including the highest practica- ble standard of service and fairness) about how ACC should deal with them. This includes—

(a) conferring rights on claimants and impos- ing obligations on ACC in relation to how ACC should deal with claimants; and
providing for the procedure for lodging and dealing with complaints about breaches of this Code by ACC; and

© providing for the consequences of, and remedies for, a breach of this Code by ACC; and

(d) describing how and to what extent ACC must address situations where its conduct is not consistent with, or does not uphold, the rights of claimants under this Code; and

(e) explaining a claimant’s right to a review of a decision made under this Code about a claimant’s complaint.

Section 40(2) of the Act provides that:

The rights and obligations in the Code—

(a) are in addition to any other rights claimants have and obligations the Corporation has under this Act, any other enactment, or the general law; and

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 Schedule

( do not affect the entitlements and responsibilities of claimants under this Act, any other enactment, or the general law.

This means that claimants’ obligations, responsi- bilities, and entitlements, as set out in the Act, do not change. In addition, claimants retain their rights and responsibilities under any other enact- ment or the general law, including that which governs the Health and Disability Commissioner, the Human Rights Commission, the Office of the Ombudsmen, and the Office of the Privacy Commissioner.

In summary, the purpose of this Code is to meet the reasonable expectations of claimants about how ACC should deal with claimants. This Code is not about cover, or the type and level of enti- tlements that ACC is obligated to provide, as these continue to be prescribed by the Act.

This Code encourages positive relationships between ACC and claimants. For ACC to assist claimants, a partnership based on mutual trust, respect, understanding, and participation is criti- cal. Claimants and ACC need to work together, especially in the rehabilitation process. This Code is about how ACC will work with claim- ants to make sure they receive the highest practi- cable standard of service and fairness.

In all its dealings with claimants, ACC must ensure that its actions are consistent with, and uphold, the rights of claimants as provided for in this Code by applying the highest practicable standard of service and fairness.

2002/390

1.3: Spirit of Code

1.4: Application of Code

Accredited employers, and persons acting as agents of ACC or on behalf of ACC, must also comply with this Code in their dealings with claimants.

The provision of treatment services is not covered by this Code, and continues to be covered by the Code of Health and Disability Services Consumers’ Rights. In addition, any treatment and disability services purchased by ACC are covered by the Health and Disability Sector Standards and the Health and Disability Services (Safety) Act 2001.

3

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 2002/390

Complaints about the quality of health and disa- bility services continue to be covered by the Code of Health and Disability Services Consum- ers’ Rights.

Any disputes about cover and entitlements, including treatment and compensation, are not covered by this Code, and continue to be addressed by the mechanisms under the Act.

In this Code—

ACC means the Corporation as defined in section 39 of the Act, and we and us have a corresponding meaning

Corporation, as defined in section 39 of the Act, includes—

(a) an accredited employer

( a person acting as an agent of the Corporation

© a person who provides services (excluding treatment) to claimants on behalf of or authorised by the Corporation

you means a claimant, as defined in the Act, and your has a corresponding meaning.

The 8 rights of claimants, with ACC’s corres- ponding obligations, are as follows:

You have the right to be treated with dignity and respect.

(a) We will treat you with dignity and respect.

( We will treat you with honesty and courtesy.

© We will recognise that you may be under physical, emotional, social, or financial strain.

You have the right to be treated fairly, and to have your views considered.

(a) We will treat you fairly.

( We will listen to you and consider your views.

© We will take into account, and be respon- sive to, any impairment you may have.

You have the right to have your culture, values, and beliefs respected.

(a) We will be respectful of, and responsive to, the culture, values, and beliefs of Ma ̄ori.

Schedule

1.5: Definitions

Part 2: Rights and obligations of this Code

Right 1

Right 2

Right 3

4

2002/390

Right 4

Right 5

Right 6

Right 7

Right 8

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 Schedule

( We will be respectful of, and responsive to, all cultures, values, and beliefs.

You have the right to a support person or per- sons.

(a) We will welcome you and your support person(s) provided that the safety of all involved can be assured.

You have the right to effective communication.

(a) We will communicate with you openly, honestly, and effectively.

( We will respond to your questions and requests in a timely manner.

© We will provide you with an interpreter when necessary and reasonably practicable.

(d) We will provide information in a form which you can access, and in a timely manner.

You have the right to be fully informed.

(a) We will provide information on how to make a claim for cover and entitlements.

( We will keep you fully informed.

© We will provide you with full and correct information about your claim, entitlements, obligations, and responsibilities.

(d) We will inform you if your entitlements change.

(e) We will give you information about how we provide services, and how to access them.

(f) We will discuss expected time frames with you.

(g) We will inform you of your review and appeal rights under the Act.

You have the right to have your privacy respected.

(a) We will respect your privacy.

( We will comply with all relevant legisla- tion relating to privacy.

© We will give you access to your informa- tion, in accordance with legislation.

You have the right to complain.

(a) We will work with you to address problems and concerns.

5

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 2002/390

( We will inform you about options avail- able for resolving problems and concerns.

© We will inform you about the complaints process, and the normal time frames for dealing with complaints.

This Code sets out a framework for addressing and resolving problems and concerns at the local level, and then a process to be followed for com- plaints, in the event that any problem or concern cannot be resolved at the local level.

A claimant can either—

(a) raise a problem or concern at the local level, which will be addressed and resolved at the local level without a deci- sion being made; or

( lodge a complaint with the complaints ser- vice at any time, regardless of whether a problem or concern has been raised at the local level, and in that case a decision will be issued.

A claimant can raise a problem or concern about ACC’s compliance with this Code. The problem or concern should be raised at the local level with the person the claimant is dealing with at ACC, or that person’s manager.

ACC will work with the claimant to address and resolve problems and concerns, and to find a way forward. At this point, ACC will advise the claimant of—

(a) what steps have been taken in relation to the claimant’s problem or concern; and

( the procedure for lodging a complaint if the claimant is not satisfied with the resolution.

The claimant can decide whether to lodge a complaint.

A complaint concerning this Code should be lodged with the complaints service. The com- plaints service is part of ACC, and will deal with, and make decisions on, these complaints. The complaints service will act in a fair and impartial manner, taking the evidence, and the claimant’s and ACC’s views into consideration.

A complaint can be lodged with the complaints service at any time, regardless of whether the claimant previously raised a problem or concern

Schedule

Part 3: Addressing problems and concerns; and lodging and dealing with complaints

3.1: Overview

3.2: Procedure for addressing and

resolving problems and concerns

3.3: Procedure for lodging a complaint

6

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 Schedule

with the person the claimant is dealing with at ACC, or that person’s manager.

The claimant may complain orally or in writing.

ACC may decline to investigate where a com- plaint is correctly dealt with by another agency, such as the Health and Disability Commissioner. In these circumstances, ACC will advise the claimant of appropriate agencies that may be able to assist.

Any dispute about cover and entitlements, including treatment and compensation, is not covered by this Code, and continues to be addressed by mechanisms under the Act.

The complaints service will—

(a) acknowledge receipt of the complaint in writing; and

( advise the claimant about the complaints process and normal time frames for dealing with the complaint; and

© comply with all of the other relevant rights in this Code when dealing with com- plaints; and

(d) investigate the complaint; and

(e) advise the claimant of any issues, such as entitlements, that are not matters for this Code and advise who the claimant should contact to seek resolution of these issues.

If, in the course of investigating a complaint against ACC, issues of the performance of an employee or employees of ACC arise, these will be dealt with under the normal human resources policy and processes within ACC, having due regard to employment law. These issues will not be dealt with under the auspices of remedies available under this Code.

The complaints service will issue a decision on the complaint. The decision will be in writing and will advise—

(a) whether ACC has breached this Code; and

( the reasons for that decision; and

© if a breach has occurred, what, if any, of the remedies or actions identified in Part 4 are appropriate.

2002/390

3.4: Procedure for dealing with a complaint

3.5: Making a decision

In addition, the decision will specify that the claimant has the right to a review of that deci- sion, as in Part 6.

7

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 2002/390

Upon a finding that there has been a breach of this Code, the complaints service may, where appropriate, direct ACC to—

(a) provide a written or oral apology:

( forward a written explanation of the situation:

© meet with the claimant to consider the claimant’s views and achieve resolution, accompanied by the claimant’s support person(s) where requested:

(d) forward information to the claimant, in an appropriate form, which explains—

Schedule

Part 4: Remedies available under this Code

Part 5: Addressing situations

Part 6: Claimant’s right of review

8

– – –

the claim and related entitlements review and appeal rights

any appropriate legislation, services, and the expected time frames:

(e) provide the claimant with access to the claimant’s file:

(f) facilitate communication by ensuring a response is given to questions and requests:

(g) provide interpretation services.

In addition, the complaints service may, where appropriate, recommend other remedial actions as required.

In addition to the remedies in Part 4, ACC will address the wider implications of breaches that arise by—

(a) analysing and monitoring issues arising from the complaints process; and

( identifying concerns with operational policies and processes; and

© subsequently undertaking and remedying concerns associated with operational policies and processes as appropriate; and

(d) informing the claimant that the situation has been addressed.

If a claimant disagrees with any decision made by ACC under this Code about a complaint, the claimant can apply for a review of that decision. ACC will provide information about the review process to the claimant. The review process is set

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’

Rights) Notice 2002 Schedule

out in sections 133 to 148 of the Act. The Act includes, among other things,—

(a) the manner in which an application must be made; and

( the manner in which ACC must deal with the application; and

© ACC’s duty to secure an independent reviewer; and

(d) the role of the reviewer; and

(e) the reviewer’s duty to act independently; and

(f) conduct of the review hearing; and (g) decisions the reviewer can make.

Under the appeal provisions in the Act, there is no right to appeal a review decision made under this Code because section 149(3) of the Act provides that:

However, neither a claimant nor the Corporation may appeal to the District Court against a review decision on a decision by the Corporation under the Code on a complaint by the claimant.

Any rights of review and appeal, in relation to cover and entitlements, continue under the Act.

Section 46 of the Act provides that this Code is a regulation for the purposes of the Regulations (Disallowance) Act 1989. Under section 44 of the Act, this Code must be presented to the House of Representatives.

9

2002/390

Part 7: An appeal cannot be lodged to the District Court

Part 8: Status of Code

Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’ Explanatory note Rights) Notice 2002 2002/390

Dated at Wellington this 4th day of December 2002.

Ruth Dyson, Minister for ACC.

Explanatory note

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which is given by the Minister for ACC, approves the Code of ACC Claimants’ Rights. The Code comes into force on 1 February 2003.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 5 December 2002. This notice is administered by the Accident Compensation Corporation.

10

Wellington, New Zealand: Published under the authority of the New Zealand Government—2002

[keentohelp]

You guys are so upset by the evil of ACC hat you cannot even allow a purely positive post on how to get the best deal be put up on accforum

That reflects very badly on accforum if only negative posts are acceptable.

Okay, so Christian Ministers have taught most of us to preach to the converted and thus it is culturally our way to tell our problems to those others who can then agree with us.

But that rarely gains a material advantage – it is little more than mere noise.

What is needed in regard to ACC is to get what is available to your best advantage.

One of those available advantages is vocational rehabilitation that gets you not only as closely back to your pre-injury career position as possible but may well allow you to enter into occupations that pay more for less work, are more enjoyable, have better working conditions and better prospects hence your life is possibly even improved and a better future possible.

All you lose from that is your ongoing relationship with your case manager.

In response to those who see this as somehow an unpleasant suggestion from me, well, I did post right at the start that some of you guys would have problems with the idea of vocational rehabilitation and a better future.

It’s a free country and fair enough but I can tell you from not only personal experience but from numerous case histories that moving forward in the way I put above is rewarding and well worth the struggle.

I would like to see all of us enjoying the same benefits that I and so many of my clients have gained.

The future is ours – the rest of you can, I suppose, sit back and enjoy your very much longer ACC relationship.

PS None of you seem to be enjoying it that much – am I missing something?

[BDBinc]

If ACC can’t do their job for you then assist them to do it – AND TAKE CONTROL OF YOUR OWN VOCATIONAL (and other) REHABILITATION.
[/quote]
For many claimants that is not possible.
I am sure other claimants can tell you what happens when you try to ask for ACC to fund needed medical treatment or rehab.

I think the upside is now ACC are have public exposure as having deeply troubled unacceptable behaviour that needs to change.

[unicorn57]

KTH Mmm Probably

[BDBinc]

[quote name='keentohelp' quote
Keentohelp
I welcome your provision of any Useful advice on how to make ACC follow legislation .
Useful to us has to mean real advise not picturesque a " ACC obey the IRPC Act fantasy" as it has been most of our experience that ACC do not, and that funded watchdogs and safeguards also have failed some of us.
We are not dispirited as most of us are fighting great injustice.

[BDBinc]

keentohelp, on 03 July 2012 - 03:33 PM, said:

You guys are so upset by the evil of ACC hat you cannot even allow a purely positive post on how to get the best deal be put up on accforum

That reflects very badly on accforum if only negative posts are acceptable.

Okay, so Christian Ministers have taught most of us to preach to the converted and thus it is culturally our way to tell our problems to those others who can then agree with us.

But that rarely gains a material advantage – it is little more than mere noise.

What is needed in regard to ACC is to get what is available to your best advantage.

One of those available advantages is vocational rehabilitation that gets you not only as closely back to your pre-injury career position as possible but may well allow you to enter into occupations that pay more for less work, are more enjoyable, have better working conditions and better prospects hence your life is possibly even improved and a better future possible.

All you lose from that is your ongoing relationship with your case manager.

In response to those who see this as somehow an unpleasant suggestion from me, well, I did post right at the start that some of you guys would have problems with the idea of vocational rehabilitation and a better future.

It’s a free country and fair enough but I can tell you from not only personal experience but from numerous case histories that moving forward in the way I put above is rewarding and well worth the struggle.

I would like to see all of us enjoying the same benefits that I and so many of my clients have gained.

The future is ours – the rest of you can, I suppose, sit back and enjoy your very much longer ACC relationship.

PS None of you seem to be enjoying it that much – am I missing something?

[BDBinc]

I think you must be employed by ACC.