Question to Minister: Accident Compensation—Counselling

RAHUI KATENE (Māori Party—Te Tai Tonga)  to the Minister for ACC: What evidence does he have that victims of sexual abuse suffer from clinical mental disorders; and why is he insisting that victims of sexual abuse will have to be diagnosed with a clinical mental disorder from the American Diagnostic and Statistical Manual, version four, before their claims for ACC-funded counselling are accepted?
Hon Dr NICK SMITH (Minister for ACC) : The law requires that the Accident Compensation Corporation (ACC) can only accept sensitive claims from those diagnosed with a mental injury. This Government has made no changes, nor does it intend to make any changes in this regard. The changes that are raising controversy in this area arise from the implementation of new clinical guidelines based on comprehensive research from Massey University on the right care for sensitive claimants. I remain of the view that clinicians and not politicians should decide on appropriate treatments.
Rahui Katene: What was his response to the 200 protestors who marched on Parliament yesterday stating that the added stigma of a mental disorder would put off people seeking help; and what support will be available for sexual abuse victims who will require counselling that is not related to clinical mental disorders?
Hon Dr NICK SMITH: I would say to them, as I would say to all members of the House, that they should read the Injury Prevention, Rehabilitation, and Compensation Act, which requires a mental injury to have occurred for there to be a valid claim. I quote section 27, which states: “Mental injury means a clinically significant behavioural, cognitive, or psychological dysfunction.” [Interruption] Members opposite say that that is wrong; that is the law that stood in place for the entire time of the Act that they passed in 2001.
Lynne Pillay: What does the Minister say to the hundreds of counsellors who marched in the streets yesterday who say the new accident compensation guidelines are not best practice; is he saying that they are not qualified and not expert?
Hon Dr NICK SMITH: Firstly, I can say, as the Minister, that this Government has made no decisions in respect of dealing with sensitive claims. The changes arise from a piece of work by Massey University that occurred under the previous Government. The decisions have been made by clinicians on the basis of what is thought to be the best standard of practice, and as a Minister I am very hesitant to overrule the decisions of skilled clinicians.
Rahui Katene: What response does he have to the situation described in today’s New Zealand Herald by an Auckland mother of three, who states that the psychiatric test set to be imposed on sexual abuse victims as a requirement for ACC support almost killed her?
Hon Dr NICK SMITH: I note that the person referred to was actually assessed last year under the previous Government. This reinforces the fact that the legal test for a valid claim has not changed. I have confidence that psychiatrists can professionally do their assessments without putting people’s lives at risk. I stress again that we as politicians should leave clinical decisions to clinicians.

http://www.parliament.nz/en-NZ/PB/Debates/Debates/0/9/b/49HansD_20091020_00000052-Questions-for-Oral-Answer-Questions-to-Ministers.htm