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Minister's "exit" Policy Minister's "exit" policy

#1 User is offline   magnacarta 

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Posted 08 February 2005 - 12:07 PM

The Minister has a service agreement with ACC to "exit" a given number of claimants from the scheme each year.

However, while s271 of the Act requires the Minister to enter into a service agreement concerning the quality and quantity of services to be purchased and provided, it mentions nothing about s271 being used to enter into a service agreement to "exit" claimants.

The point being that just before Christmas the British Lord Laws dropped a bomb shell on the Blair government. They ruled that immigration law cannot be used to detain foreigners for security purposes, since this discriminates illegally - under international law - on the basis of nationality.

The Law Lords ruled that immigration laws must serve clear immigration purposes, and not be used to justify indefinite detention.

Let's use that same principle for s271 of the IPRC Act 2001

It then becomes an argument that the IPRC law must serve clear IPRC purposes and not be used to "exit" injured people from the scheme. (i.e. frustrate the purposes of the Act)

On that ruling of principle by the Law Lords, I think the Minister and ACC are unlawfully acting beyond their powers

The question is who had (has) been targeted for "exit" and what policies and procedures has ACC invoked to bring that about??????
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#2 User is offline   MG 

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Posted 08 February 2005 - 03:04 PM

Judicial review - is the Minister/ACC exercising a statutory power of decision when agreeing to the exit targets? Did she/they fail to take relevant factors into account, take irrelevant factors into account or act in a way that is plainly wrong?
One problem: ACC has failed to achieve its exit targets, so it could argue that its exit strategy is subordinate to its performance of its statutory obligations to provide cover and entitlement for personal injury. I know we all think otherwise but I think this would be a formidable argument to overcome in any proceedings.
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#3 Guest_IDB_*

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Posted 08 February 2005 - 03:44 PM

a message being passed on at request of another member:

they say dont give all of your ammunition online as it appears the acc are then getting their advisors to formulate ways around /twist the situation finding any method to disadvantage claimants - so be selective at what you make available - only enough to get an answer or to find someone who might have an answer.
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#4 User is offline   magnacarta 

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Posted 08 February 2005 - 04:06 PM

MG & IDB you both make excellent points.

MG, I just wonder whether the existecne of the policy itself is ultra vires the Act even though the exit targets may not have been met.

ACC would clearly have invoked policy and procedure to bring the exits about - even though the targets may not have been met, they still exist.

Perhaps a question of law being a question of statutory interpretation might be -

Whether the Minister has correctly understood and discharged her powers.

Same question applies with the Minister's lack of public consultation over IPRC Amendment Bill No 3 with reference to the exercise of the Minister's powers under s300.
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#5 Guest_IDB_*

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Posted 08 February 2005 - 05:52 PM

have you tried to invoke this section?

177 Copy of audit tool and material incorporated by reference to be
available to public
A copy of every audit tool approved by the Minister and of all material
incorporated in regulations or the audit tool by reference must be made
available by the Corporation for inspection by the public free of charge
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#6 User is offline   MadMac 

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Posted 08 February 2005 - 06:36 PM

;) Hi everyone,many thanks to everyone who has helped me.
Special thanks to IBD for your support

Operating from factual basic details will help to intelligently arrive at clarity.
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#7 User is offline   ernie 

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Posted 09 February 2005 - 08:06 AM

Does anyone have a copy of the service agreement with the Minister? I can't find one posted on Forum anywhere.
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#8 User is offline   magnacarta 

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Posted 09 February 2005 - 09:18 AM

The disclosure of the existence of the service agreement that I have seen is in ACC's Statement of Corporate Intent and Performance Objectives.
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