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Recording equipment Especially in ACC Review and Tribunal procedings

#1 User is offline   Willem 

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Posted 18 April 2013 - 05:33 PM

Wondering if it is just me or is recording equipment failing at very convenient times for ACC. I have had it happening during a Review hearing, where the transcript of the hearing would have been extremely damning for the Reviewer. It also happened in the DC tribunal, where the recording equipment was not functioning 'in the week of my hearing'. My hearing was on Friday and you would have expected that any malfunctioning would have been picked up and rectified earlier during the week.

Has anyone experienced this convenient 'problem' as well?
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#2 User is offline   Campy 

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Posted 18 April 2013 - 05:37 PM

Willem said:

1366263222[/url]' post='158380']
Wondering if it is just me or is recording equipment failing at very convenient times for ACC. I have had it happening during a Review hearing, where the transcript of the hearing would have been extremely damning for the Reviewer. It also happened in the DC tribunal, where the recording equipment was not functioning 'in the week of my hearing'. My hearing was on Friday and you would have expected that any malfunctioning would have been picked up and rectified earlier during the week.

Has anyone experienced this convenient 'problem' as well?


They've denied use of our own devices but promised to send copies. They never intended to send the recordings or transcripts otherwise they'd have bothered to respond to numerous written requests.
You just have to take your own covert recordings.
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#3 User is offline   greg 

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Posted 19 April 2013 - 08:19 AM

In a file sent out for another review, a copy of a review transcript sited complete with the words
a copy of same review sent by ACC had claimed 'inaudiable'.

Someone had edited one of the review document supplied . U guess who ??.
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#4 User is offline   Campy 

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Posted 19 April 2013 - 09:31 AM

greg said:

1366316343[/url]' post='158413']
In a file sent out for another review, a copy of a review transcript sited complete with the words
a copy of same review sent by ACC had claimed 'inaudiable'.

Someone had edited one of the review document supplied . U guess who ??.


That'd be right.
To get away with their abuse of processes they'll claim the reviewer has the same power as a dist court Judge so as to deny disabled with deformed hands her remedial recording device - even when the claimant cannot write legibly with said damaged hands.
This is discrimination under the human rights act but then the DRSL refuse to send copy of the recording or transcript.
Moral of the story, take a leaf out of bronwyn pullars book. Catch the liars out then aye.
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#5 User is offline   not their victim 

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Posted 19 April 2013 - 11:38 AM

it pays to record everything yourself

as these tapes come in distinctly handy for proving fraudulent manipulation of your claim, especially at DRSL level

check your relevant documents schedule as well

acc favourite trick is to make sure your specialist reports NEVER get seen by the reviewer, only the acc contracted assessor reports...which are easily challenged under medico legal law...

opinion is never fact, and can never be if the assessor does not have the right clinical facts in front of him /her...

medico legal law!!!
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#6 User is offline   Dianne and Gordon Purdie 

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Posted 19 April 2013 - 02:45 PM

View PostWillem, on 18 April 2013 - 05:33 PM, said:

Wondering if it is just me or is recording equipment failing at very convenient times for ACC. I have had it happening during a Review hearing, where the transcript of the hearing would have been extremely damning for the Reviewer. It also happened in the DC tribunal, where the recording equipment was not functioning 'in the week of my hearing'. My hearing was on Friday and you would have expected that any malfunctioning would have been picked up and rectified earlier during the week.

Has anyone experienced this convenient 'problem' as well?

Hi

It is not just you, we also had a DRSL reviewer claim the recording equipment failed. For Dianne’s hearing we made a tape recording, following advice on this site. We asked for permission from DRSL prior to the hearing date. At the hearing the reviewer, Peter Barker, said his recording will be the official one.

We said the reviewer beached Section 143 requiring the reviewer to take reasonable steps to ensure that an accurate record of the evidence given at the hearing is taken and keep for at least 2 years. A reasonable step that the reviewer could have taken was to have sought a copy of the recording of the hearing from us. The reviewer was aware that we had made a recording of the hearing.

We sent the Tribunals Unit a copy of our recording, copied to ACC. ACC Legal Services Group sent their copy to DRSL asking them to make a transcript, which they did and it was signed by the reviewer.

If DRSL recording equipment is so unreliable then we think that a reasonable step a reviewer is required to take (re section 143) is a backup recording.

Like you, we also had the Ministry of Justice claim their recording equipment had failed for the District Court hearing with Martin Beattie working as the judge. They said it had failed before the hearing started.

If the recording equipment was not working at the District Court the actions of the officials, presumably including the judge, contrast with actions we observed in the Environment Court. In the Environment Court an official told the judge the recording equipment had stop work. The judge immediately stopped the hearing until recording equipment was working (only minutes). We also note that the Environment Court sent out transcripts of the hearing promptly (only hours after, including during the duration of the hearing). However, we also not the transcripts were not complete.

ACC said it would record an ACC Toxicology Panel discussion on Dianne’s claim. At the ACC Toxicology Panel meeting they decided not to record it (not claiming an equipment failure).

Is it that the state does not want recordings?

Dianne and Gordon Purdie
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#7 User is offline   Campy 

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Posted 19 April 2013 - 03:12 PM

not their victim said:

1366328291[/url]' post='158426']
it pays to record everything yourself

as these tapes come in distinctly handy for proving fraudulent manipulation of your claim, especially at DRSL level

check your relevant documents schedule as well

acc favourite trick is to make sure your specialist reports NEVER get seen by the reviewer, only the acc contracted assessor reports...which are easily challenged under medico legal law...

opinion is never fact, and can never be if the assessor does not have the right clinical facts in front of him /her...

medico legal law!!!


Definitely record EVERYTHING yourself. Cannot trust ACC otherwise. Pullar caught out the liars by using her cell ph to record and it paid off because the ACC were sprung lying.
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#8 User is offline   not their victim 

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Posted 25 April 2013 - 12:27 PM

peter barker has been caught out big time

if you ask to record, he even bullies fully qualified lawyers into backing down..i was forewarned by another claimant.

in my instance...he was rude, arrogant, and once he placed his tape recorder on the desk...i did exactly the same...without saying a word about recording

he could not, and did not object, as he had no legal reason to object

recording is perfectly legal, as long as the meeting is about you.

record everything, always take a support person..

be prepared to sign an affidavit at the courthouse, to keep as evidence...

all comes in handy, to prove fraudulent manipulation of claimants files...
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