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Select Committee Review of ACC 2007/2008 4 May 09

#1 User is offline   MG 

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Posted 08 September 2009 - 12:19 AM

This is worth a read. In the first installment, ACC Minister Nick Smith turned up, instead of the Board chairman (Smith had fired Ross Wilson, while Sir John Judge was riding his bike in Central Otago and taking a break from counting money) and did his best to stop MPs from asking Jan White awkward questions. In the second installment, Sir John managed to turn up and told the MPs that he believes ACC is an insurance company and not a welfare agency. Sir John also said that workers had a representative on the ACC board - himself (LOL). Another gem: Jan White's remarks about ACC's new "long term policy service units" (aka Catalyst) to "improve rehabilitation rates" (aka shafting disabled people by ruthless cost shifting), although also being forced (by David Parker) to admit that ACC's "rehabilitation rates" are no worse than Australia's and better than Canada's (presumably worse than Myanmar or Bangladesh, though, whose "workers" are considerably cheaper and more easily disposable than NZ's - for now).

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#2 User is offline   Maraqita 

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  Posted 08 September 2009 - 01:25 AM

Quote

Home Killings
Our homes aren't necessarily our havens, with new figures showing Kiwi houses can be deadly places. (duration: 7′06″)
http://podcast.radionz.co.nz/aft/aft-20090...illings-048.mp3
http://static.radionz.net.nz/assets/audio_...llings-m048.asx
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#3 User is online   MINI 

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Posted 08 September 2009 - 08:27 AM

MG

I remember the first sitting of this well.

It is interesting you say the long term unit is known as Catalyst. All that happened at our local office was I got a new Case Manager, who has been here for years. Lucky for me I guess, as they are very used to my to and froing to court for every entitlement I have. (Try not to leave anything out) and a bit more as well.

I hate to sound confident, but I do not think you will find people who have already been given L/T status, especially with one year certs, the nod to be in this position, the heave ho off L/T status now and that will more than likely mean people in wheelchairs. If they havent been rehabilitated into a job they can do by now, it is going to cost ACC an arm and a leg to get them ready for the workforce now.

If they had wanted us to be in a job they should have made sure we could hold onto the ones we had, especially when it was a govt job. Maybe the govt wouldnt be in this mess money wise with ACC if they had taken better care of those that were breaking our necks to get back to work.

Me thinks they will look a bit silly in court, after all this comes out eh??

Mini
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#4 User is offline   darrellpearce 

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  Posted 08 September 2009 - 10:50 AM

View PostMINI, on Sep 8 2009, 09:27 AM, said:

MG

I remember the first sitting of this well.

It is interesting you say the long term unit is known as Catalyst. All that happened at our local office was I got a new Case Manager, who has been here for years. Lucky for me I guess, as they are very used to my to and froing to court for every entitlement I have. (Try not to leave anything out) and a bit more as well.

I hate to sound confident, but I do not think you will find people who have already been given L/T status, especially with one year certs, the nod to be in this position, the heave ho off L/T status now and that will more than likely mean people in wheelchairs. If they havent been rehabilitated into a job they can do by now, it is going to cost ACC an arm and a leg to get them ready for the workforce now.

If they had wanted us to be in a job they should have made sure we could hold onto the ones we had, especially when it was a govt job. Maybe the govt wouldnt be in this mess money wise with ACC if they had taken better care of those that were breaking our necks to get back to work.

Me thinks they will look a bit silly in court, after all this comes out eh??

Mini

Hi Mini it is Darrell here. Nothing surprises me anymore with acc. Any way i have formally advised acc of my decision that i won't be having anymore assessments. I am not going to formally apply anymore.
Kind Regards.
Darrell Pearce
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#5 User is offline   doppelganger 

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Posted 08 September 2009 - 11:32 AM

View PostMG, on Sep 8 2009, 01:19 AM, said:

Sir John also said that workers had a representative on the ACC board - himself. Another gem:


Good so he can put the workers point across and not that of the Minister.
In regard to your wish to attend Polytech, which you advise you could only do with financial assistance; we regret that we are unable to assist in your situation as if you wish to improve your employment possibilities beyond pre-accident level, this must be considered your personal choice and responsibility. Case manager Mr D. J. Lamond 26 May 1988

"If the right to be heard is to be a real right which is worth anything, it must carry with it a right in the accused man to know the case which is made against him. He must know what evidence has been given and what statements have been made affecting him and then he must be given a fair opportunity to correct or contradict them. .... It follows, of course that the judge or whoever has to adjudicate must not hear evidence or receive representations from one side behind the back of others.The court will not require whether the evidence or representations did work to his prejudice. Sufficient that they might do so. The court will not go into the likelihood ofprejudice. The risk of it is enough."Lord Denning [1962] A.C. at page 337.

In Escoigne Properties Ltd v Inland Revenue Commissioners [1958] AC 549 Lord Denning said at pp 566:
"Thus one of the best ways, I find, ofunderstanding a statute is to take some specific which, by common consent, are intended to be covered by it. I can say at once: "Yes, that is the sort ofthing Parliament intended to "cover". The reason is not far to seek. When the draftsman is drawing the Act, he has in mind particular instances which he wishes to cover. He frames aformula which he hopes will embrace them all with precision. But the formula is as unintelligible as a mathematical formula to anyone except experts: and even then they have to know what the symbols mean. To make it intelligible, you must know the sort of thing that Parliament had in mind. So you have resort to particular instances to gather the meaning. "
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#6 User is offline   fairgo 

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Posted 08 September 2009 - 12:50 PM

so now we know where the Giltrap push came from........


Woodhouse You will also be aware of the case in the Wellington District Court of
Giltrap v Accident Compensation Corporation, where the judge ruled that the
weekly compensation payments being made to that non-earner were beyond
the boundaries of the legislation. That was in 2005. Why is it that ACC
continues to pay a non-earner’s weekly compensation in the same
circumstances not only beyond the 2001 legislation, but beyond the
judgment of the court?
White First off, I do not know the case you are referring to, so I would have to get
the information on that. I would be very surprised if we are paying weekly
compensation outside of what is required by the legislation. The courts
often do set a precedent. . There are non-earners receiving weekly
compensation. The majority of non-earners receiving weekly compensation
are, in fact, those receiving loss of potential earnings.
Woodhouse Yes, I understand that. So could you assure this committee, either now or in
writing in the future, that no entitlements are being received by claimants
outside of the boundaries of the legislation?
Parker Other than by a fraud.
Woodhouse Yes. This is ACC’s behaviour, not fraudsters, we are talking about.
Like water, be gentle and strong. Be gentle enough to follow the natural paths of the earth, and strong enough to rise up and reshape the world
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#7 User is offline   MG 

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Posted 08 September 2009 - 03:17 PM

Doppel - Sir John Judge is a multimillionaire accountant so if you think he's going to represent workers on the ACC board, I'd like to sell the Auckland Harbour Bridge to you.
Mini - the new unit is not called Catalyst - that was just me being ironic - but that is its function. In fact, there are more than one unit - they are to be set up in ACC's most ruthless branches (Alexandra and Timaru in the lower South Island), with 2 or 3 case managers, supported by a horde of "independent" assessors, and empowered to resort to the full range of gaslighting tactics that ACC have honed to a fine art since 1984.
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#8 User is online   MINI 

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Posted 08 September 2009 - 04:04 PM

MG

Well I'm ahoping that since you have a lot of knowagable people down there that these L/Termers will know where to go for help and you will all be able to assist each other to make sure none of them get harmed financially or any other way.

Dont let them get the better of anyone. No wonder they are leaving Kearney until April is it?? Have too many of us jumping on their heads eh??? How come we have to have our submissions and cases heard in certain strict time limits but the ACC can take as long as it likes??

NOt fair like a lot of the rest of their moves.

Go well
Mini
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#9 User is offline   doppelganger 

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Posted 08 September 2009 - 04:12 PM

I took note also MG that he also thinks that he has been a worker.

Street Just a couple of follow-up things. Mr Judge; welcome, also, to the position.
You referred to the principles of the Woodhouse scheme and the repetitive
phrase we’ve heard recently, about 24/7, no fault cover. In fact, there are
five principles in the Woodhouse report that underpin the ACC scheme,
and it began, obviously, as a worker compensation scheme and broadened
from there to be something unique to New Zealand. In your view, is there a
place on the board for a worker representative?
Judge If I was going to answer that, I’d answer that more broadly, and I’d answer
in the following: this is a large and complex financial institution, and in my
view it is essential that the board comprises people who have the skills and
knowledge to govern such an institution. That requires high-level financial
skills; high-level investment skills; preferably—which we don’t yet have
upon the board—someone who has managed an exceptionally large entity
of the same nature, preferably internationally; and actuarial skills. I don’t
believe that it is necessary that a representative, particularly from any group
of what you might call levy-payers or claimants, if you take it on is likely—
or, actually, hopefully it might be less likely—to be a claimant under the
motor vehicle scheme as many other people, as are all the people there. I
think one does want a multiplicity of views and experiences around the
board table.
Street And if there are no worker representatives present, is there a gap, then, in
your view of the advice?
Judge I’m not sure why you would think I wasn’t a worker.
Woodhouse In terms of experience, though, on the board, is it not correct that one of
the newly appointed directors, Rob Campbell, is very experienced in union
representation? I mean, is it true that he has that experience?
2007/08 FINANCIAL REVIEW – ACCIDENT COMPENSATION CORPORATION
47
Judge It is. His appointment to the board is finally an issue for the Minister, not
for me. I mean, clearly I expressed the view that I wanted to have some
input.
In regard to your wish to attend Polytech, which you advise you could only do with financial assistance; we regret that we are unable to assist in your situation as if you wish to improve your employment possibilities beyond pre-accident level, this must be considered your personal choice and responsibility. Case manager Mr D. J. Lamond 26 May 1988

"If the right to be heard is to be a real right which is worth anything, it must carry with it a right in the accused man to know the case which is made against him. He must know what evidence has been given and what statements have been made affecting him and then he must be given a fair opportunity to correct or contradict them. .... It follows, of course that the judge or whoever has to adjudicate must not hear evidence or receive representations from one side behind the back of others.The court will not require whether the evidence or representations did work to his prejudice. Sufficient that they might do so. The court will not go into the likelihood ofprejudice. The risk of it is enough."Lord Denning [1962] A.C. at page 337.

In Escoigne Properties Ltd v Inland Revenue Commissioners [1958] AC 549 Lord Denning said at pp 566:
"Thus one of the best ways, I find, ofunderstanding a statute is to take some specific which, by common consent, are intended to be covered by it. I can say at once: "Yes, that is the sort ofthing Parliament intended to "cover". The reason is not far to seek. When the draftsman is drawing the Act, he has in mind particular instances which he wishes to cover. He frames aformula which he hopes will embrace them all with precision. But the formula is as unintelligible as a mathematical formula to anyone except experts: and even then they have to know what the symbols mean. To make it intelligible, you must know the sort of thing that Parliament had in mind. So you have resort to particular instances to gather the meaning. "
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#10 User is offline   MG 

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Posted 08 September 2009 - 07:48 PM

Yes that's right - pretty presumptuous isn't it? This is a guy who has made $$$$ shuffling money round for his rich clients and clipping the ticket each time for years. Sir Judge is well known for his links to the ACT Party (like most partners in big accounting firms). IMHO, the man wouldn't know what a worker is even if one bit him on the arse (and of course, I hope no such fate befalls his Royal Worshipfulness, or whatever mode of address is deemed appropriately deferential to a lordly fatcat).
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