Question for written answer

2981 (2011). Carmel Sepuloni to the Minister for ACC: What are the ACC support progammes that are solely government funded that have been available since 1 January, 2011?
Hon Dr Nick Smith (Minister for ACC) replied: ACC funds a range of social and vocational rehabilitation support for clients. These include, for example, home help, personal care, counselling, and work preparation programmes. For clients who are earners, these programmes are funded by ACC through levies. Clients who are non-earners have their support programmes funded by government. In some cases, clients may make a contribution.
http://202.68.89.83/en-NZ/PB/Business/QWA/f/3/7/QWA_02981_2011-2981-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

ACC doctor threatens to sue over website

An article from the Whakatane Beacon by Samantha Motion

An ACC doctor threatened legal action against an Eastern Bay woman after correspondence between the two appeared on a website.
Last week it emerged that another senior ACC doctor had sued a Sensitive Claims Unit client for $250,000 over a satirical blog post she wrote about him in November last year.
The legal action was highlighted by Labour MP and victims’ rights spokeswoman Carmel Sepuloni in Parliament last week.
The doctor issued a statement saying it was not about money, but about his professional reputation and he would cease proceedings if the offending material was taken down and the blogger made a public apology, neither of which has reportedly occurred.
It was not the first time an ACC employee had threatened legal action against a victim of sexual abuse.
An Eastern Bay woman received a letter in July last year from a law firm representing a “third party assessor” doctor who had handled her case on behalf of ACC.
The lawyer alleged a letter, which the Sensitive Claims Unit client had written to the doctor, was derogatory and defamatory. The lawyer said it appeared the woman had published the letter on an internet ACC forum, but the woman denied she had.
In response to a demand the letter be removed from the internet within 12 hours the woman sent a message offline to the person who posted it asking them to remove it.
The letter said the woman should “not make any further attempt to publish your derogatory and defamatory comments” regarding the doctor.
It said the doctor “reserves her right of legal action, including seeking damages from you”.
No further action has been taken.

© 2011 Whakatane Beacon

http://www.whakatanebeacon.co.nz/cms/news/2011/04/art10009142.php

Questions for written answer

2731 (2011). Carmel Sepuloni to the Minister for ACC: What are the updated numbers for the sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by month and region since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table.
http://202.68.89.83/en-NZ/PB/Business/QWA/b/c/3/QWA_02731_2011-2731-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2732 (2011). Carmel Sepuloni to the Minister for ACC: How much, if any, has the Department or Ministry spent on advertising since 1 January 2011, broken down by month and account?
Hon Dr Nick Smith (Minister for ACC) replied: This is an operational matter for the Chief Executive.
http://202.68.89.83/en-NZ/PB/Business/QWA/c/2/7/QWA_02732_2011-2732-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2733 (2011). Carmel Sepuloni to the Minister for ACC: How much, if any, has the Department or Ministry spent on publications 1 January 2011, broken down by month and account?
Hon Dr Nick Smith (Minister for ACC) replied: This is an operational matter for the Chief Executive.
http://202.68.89.83/en-NZ/PB/Business/QWA/9/4/b/QWA_02733_2011-2733-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2734 (2011). Carmel Sepuloni to the Minister for ACC: How many full-time equivalent staff are employed in policy or administrative roles in each Ministry or department for which the Minister is responsible, listed by department?
Hon Dr Nick Smith (Minister for ACC) replied: This is an operational matter for the Chief Executive.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/5/e/QWA_02734_2011-2734-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2753 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims are now pending with ACC, since 1 January 2011, that involve counselling for sex abuse victims and/or victims of domestic violence in Wairarapa?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 9590 (2010).
http://202.68.89.83/en-NZ/PB/Business/QWA/9/5/5/QWA_02753_2011-2753-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2754 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims have been approved by ACC that involve counselling for sex abuse victims and/or victims of domestic violence in Wairarapa since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 9590 (2010).
http://202.68.89.83/en-NZ/PB/Business/QWA/0/5/a/QWA_02754_2011-2754-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2755 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims have been declined by ACC that involve counselling for sex abuse victims and/or victims of domestic violence in Wairarapa since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 9590 (2010).
http://202.68.89.83/en-NZ/PB/Business/QWA/4/2/3/QWA_02755_2011-2755-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2756 (2011). Carmel Sepuloni to the Minister for ACC: How many of the people have approached the ACC’ Sensitive Claims Unit for assistance, by region, since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: Data is not kept on the numbers of people who may have approached ACC.
http://202.68.89.83/en-NZ/PB/Business/QWA/5/7/7/QWA_02756_2011-2756-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2757 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims have ACC approved since 1 January 2011, by month and region?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to my answer to Question No. 02731 (2011).
http://202.68.89.83/en-NZ/PB/Business/QWA/8/d/a/QWA_02757_2011-2757-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2758 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims has ACC declined since 1 January 2011, by month and region?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to my answer to Question No. 02731 (2011).
http://202.68.89.83/en-NZ/PB/Business/QWA/4/e/3/QWA_02758_2011-2758-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2759 (2011). Carmel Sepuloni to the Minister for ACC: What meetings has the Minister had regarding sensitive claims since 1 January 201, by date and organisation?
Hon Dr Nick Smith (Minister for ACC) replied: I did not have many meetings in the years between 201 and 1964 because I was not born. In the two and a half years since I have been Minister of ACC, I have had many meetings with claimants, counsellors, interest groups, colleagues, the Review Panel and ACC staff but too many to practically list by date and organisation.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/4/d/QWA_02759_2011-2759-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2760 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, oral reports relating to sensitive claims did the Minister receive since 1 January 2011, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: Oral reports rarely have titles and dates, and nor do I keep a paper record of every oral discussion on every issue.
http://202.68.89.83/en-NZ/PB/Business/QWA/b/3/8/QWA_02760_2011-2760-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2761 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, written reports relating to sensitive claims did the Minister receive since 1 January 2011, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: Since 1 January 2011, I have received brief reports relating to sensitive claims in my Weekly Reports from the Chief Executive of ACC, dated: 21 January 2011 United Nations Convention on Rights of the Child (UNCROC) 21 January 2011 Update on Sensitive Claims 28 January 2011 Sensitive Claims Unit (SCU) Update 4 February 2011 Sensitive Claims Unit (SCU) Update 11 February 2011 Sensitive Claims Unit (SCU) 8 April 2011 Six Month Progress Review for Sensitive Claims Shortly, ACC will provide me with the report of the six-month review, conducted by Dr Barbara Disley, of ACC’s progress in implementing recommendations from the 2010 review of the sensitive claims clinical pathway.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/c/f/QWA_02761_2011-2761-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2762 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, papers did the Minister take to Cabinet, relating to sensitive claims and or ACC’s Sensitive Claims Unit, since 1 January 2011, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: No papers have been taken to Cabinet that relate specifically to sensitive claims.
http://202.68.89.83/en-NZ/PB/Business/QWA/f/9/5/QWA_02762_2011-2762-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2763 (2011). Carmel Sepuloni to the Minister for ACC: What committees, taskforces, or other work groups has the Minister or his officials established since 1 January 2011, relating to sensitive claims?
Hon Dr Nick Smith (Minister for ACC) replied: There have been no committees, taskforces, or working groups established since 1 January 2011.
http://202.68.89.83/en-NZ/PB/Business/QWA/f/b/b/QWA_02763_2011-2763-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2764 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, meetings has the Minister had with groups or individuals since 1 January 2011, by date and group relating to sensitive claims?
Hon Dr Nick Smith (Minister for ACC) replied: I have not had any formal meetings on this issue but have met informally at a number of events with counsellors and people involved in sensitive claims. The consistent message I have received is that the changes made in response to the review I initiated last year are working well and sensitive claimants are getting access in a timely way to the appropriate counselling.
http://202.68.89.83/en-NZ/PB/Business/QWA/0/e/2/QWA_02764_2011-2764-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2765 (2011). Carmel Sepuloni to the Minister for ACC: How many, if any, casual staff are employed by ACC in the Sensitive claims unit?
Hon Dr Nick Smith (Minister for ACC) replied: One casual staff member is employed for 20 hours per week.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/1/f/QWA_02765_2011-2765-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2766 (2011). Carmel Sepuloni to the Minister for ACC: What is the cost of all contractors, if any, hired by ACC’ Sensitive Claims Unit, per week, as broken down by individual contractor, since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I assume the members request includes contracted clinicians and have provided the information requested in the attached table.
http://202.68.89.83/en-NZ/PB/Business/QWA/4/d/b/QWA_02766_2011-2766-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2767 (2011). Carmel Sepuloni to the Minister for ACC: Does ACC’ Sensitive Claims Unit administer any grants or other funding; if so, to which organisations?
Hon Dr Nick Smith (Minister for ACC) replied: The Sensitive Claims Unit does not administer grants or funding.
http://202.68.89.83/en-NZ/PB/Business/QWA/4/7/3/QWA_02767_2011-2767-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2768 (2011). Carmel Sepuloni to the Minister for ACC: What are the dates, titles and reference numbers of all reports prepared for the Minster, relating to Sensitive Claims, since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 02761 (2011).
http://202.68.89.83/en-NZ/PB/Business/QWA/2/e/9/QWA_02768_2011-2768-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2769 (2011). Carmel Sepuloni to the Minister for ACC: What advice has the Minister sought or received to deal with the implications of the current economic downturn for this portfolio?
Hon Dr Nick Smith (Minister for ACC) replied: As part of ACC’s normal work, it provides me with monitoring reports throughout the year, which update me on ACC’s funding and performance issues. These reports advise significant trends, risks or issues that will impact on ACC’s performance.
http://202.68.89.83/en-NZ/PB/Business/QWA/9/5/c/QWA_02769_2011-2769-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

Statement from Minister on sensitive claims issue

A press release from the Minister for ACC

“I am disappointed this matter has not been able to be resolved by the material being removed from the internet and legal proceedings being discontinued,” Dr Nick Smith said.
“I am unable to intervene as Minister because this is a matter between individuals before the court but I hope common sense prevails.”

http://www.scoop.co.nz/stories/PA1104/S00362/statement-from-minister-on-sensitive-claims-issue.htm

ACC doctor wants public apology

An article from the New Zealand Herald

The ACC doctor who is suing a sexual abuse victim for $250,000 over critical comments on the internet says he will withdraw the action if there is a public apology.
Dr Peter Jansen - a sensitive claims clinician with ACC - is suing a sex abuse victim who posted critical comments about him on the web. He had sought $200,000 in general damages, and an additional $50,000 in aggravated damages.
His statement of claim to the High Court alleged the post was "false and defamatory" and as a result Dr Jansen was "greatly injured in his professional and personal reputation, has been exposed and held up to ridicule and contempt and has been seriously injured in his reputation and character".
In a statement issued by his lawyer, Mr Jansen said the issue was his professional reputation, not money. Dr Jansen denied the accusation made by MP Carmel Sepuloni in Parliament yesterday that he had accessed private information about the woman and used it to initiate legal action.
ACC Minister Nick Smith said he was disappointed the matter had not been resolved. "I am unable to intervene as Minister because this is a matter between individuals before the court but I hope common sense prevails."
Earlier this morning he said Dr Jansen would not be suing for defamation as he believed the comments had been removed from the internet. However, they could still be found online this morning.
Labour victims' rights spokeswoman Carmel Sepuloni said she knew of several "very similar" lawsuits.
She blamed the disputes on an ACC culture that needed to be fixed. "They're treated as a potential saving. They're not treated with any priority or urgency.
"It's a whole culture. A culture where victims are treated poorly - where they are not given the support they should be given.
"At the end of the day the buck has to stop with the minister.
"He should stand up and say publicly that this kind of behaviour from the ACC adviser is unacceptable."
ACC said it would investigate the management of the client's claim and report back to Mr Smith.
Separately, it would investigate whether there had been any inappropriate access to the client's information.

Copyright 2011 APN Holdings NZ Limited

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10719549

ACC statement regarding sensitive claims client

A press release from ACC

There are three distinct issues in this situation.
The first is the general management of the client’s claim, and ACC will be providing a report to the Minister on this. If any problems are identified we will absolutely address those for the client.
The second is whether there has been any inappropriate access to the client’s information. We will also investigate this. Separately, Dr Jansen has also requested we do so.
The last issue is about private legal action related to comments made on a blog. ACC continues to have no comment to make on this issue. Media queries on this should be referred to Izard Weston.
ACC will be making no further comment on this matter at this stage.

http://www.scoop.co.nz/stories/BU1104/S00509/acc-statement-regarding-sensitive-claims-client.htm

Robert Stewart on Peter Jansen defamation action

A press release from Robert Stewart of Izard Weston

Dr Jansen makes the following comment:
"It is my belief, supported by independent legal advice, that I have been defamed. All that I am seeking is for the offending comments to be withdrawn and for a public apology to be issued. Money has never been an issue, this is about my professional reputation. If that redress is provided, I will of course halt the legal action that I have initiated as a private citizen."
Dr Jansen also categorically denies the accusation made by Carmel Sepuloni MP in the House yesterday that he “accessed private information about a victim of sexual abuse and used it to initiate legal action”. He has asked the Chief Executive of ACC to initiate a review of the Corporation’s records to confirm this.

http://www.scoop.co.nz/stories/AK1104/S00417/robert-stewart-on-peter-jansen-defamation-action.htm

ACC Minister needs to sort out culture in his corporation

A press release from the Labour Party by Carmel Sepuloni

Nick Smith must take action to ensure ACC is focused on delivering vital counselling and support services to sexual abuse victims instead of defending senior advisers who threaten legal action against those who raise concerns, says Carmel Sepuloni.
“The situation where ACC’s senior medical adviser Peter Jansen slapped a $250,000 lawsuit on a sexual abuse victim over her blog should never have been allowed to happen.
“Labour understands this is not the first time that employees/contractors to ACC have taken this approach to critics of ACC’s changes to counselling services for sexual abuse victims.
“The ACC Minister claims Peter Jansen is acting as a private individual rather than an employee of the corporation. But Peter Jansen is in fact taking legal action against people who criticize his actions as an ACC adviser. You cannot separate the two.
“As Minister, Nick Smith should have been advised about the legal action. Clearly there is poor communication between him and his own officials.
“This whole debacle is a symptom of a culture that Nick Smith has defended and continues to defend within the corporation. He should stand up and say publicly that this kind of behavior from the ACC adviser is unacceptable.”

http://www.scoop.co.nz/stories/PA1104/S00355/acc-minister-needs-to-sort-out-culture-in-his-corporation.htm

Call for resignation of ACC’s senior medical advisor

A press release from Acclaim Otago (Inc)

“If the ACC is to retain credibility, Peter Jansen needs to resign,” said Denise Powell, spokesperson for Acclaim Otago.
“Acclaim Otago has absolutely no confidence in a senior medical advisor who is closely associated with the sensitive claim pathway fiasco of last year. In our opinion he has clearly demonstrated his extremely poor decision making skills and there is an obvious lack of understanding or empathy with survivors of sexual abuse.
“We call for Peter Jansen’s immediate resignation, anything less will make a mockery of ACC’s genuine attempts to correct the mistakes made with the hasty and ill advised introduction of the Sensitive Claims Pathway led by Jansen.”

http://www.scoop.co.nz/stories/PO1104/S00205/call-for-resignation-of-accs-senior-medical-advisor.htm

Abuse victim to countersue ACC doctor

A news report from the New Zealand Herald by the NZPA

A sexual abuse victim says she will take legal action against a senior ACC employee who had lodged a defamation case against her over comments she made on an internet blog.
Dr Peter Jansen, a sensitive claims clinician with ACC, began legal action against the woman after she questioned his competence on her internet blog. He sought $200,000 in general damages, and an additional $50,000 in aggravated damages.
However, ACC Minister Nick Smith told Radio New Zealand this morning Dr Jansen would not be continuing with the action because the comments had been removed from her blog.
The comments were still online this morning when NZPA visited the website.
The woman, identified only as "Jax", said she had no intention of taking down the comments and was now considering countersuing Dr Jansen. She would not say on what grounds, but said she had received several offers of legal support.
Dr Smith said the doctor's lawyers had written to the woman in December, asking for the comments to be removed from the website.
"The material was still up this week and that is what led Dr Jansen's lawyers to take action," he said. "I spoke with Dr Jansen last night, he noted that the material had subsequently been taken down from the web, he has said that he will be withdrawing the legal action."
Dr Smith said there were two sides to the case.
"I can understand why Dr Jansen, as a well-respected and capable medical practitioner, was offended by the material that was put up on the net about him," Dr Smith said. "He became aware of the material on the web last November, he's never wanted money from the person, all he's simply wanted is for the highly defamatory material about him personally to be taken down."
Labour MP Carmel Sepuloni raised the case in Parliament yesterday when she questioned Dr Smith about how victims of sexual abuse were treated by the organisation. Ms Sepuloni also asked whether the minister would investigate how Dr Jansen had accessed private information about the woman to initiate legal action.
Answering on behalf of the minister, Cabinet Minister Tony Ryall said Dr Smith was always concerned about the victims of sexual abuse, and if Ms Sepuloni provided him with information about the case Dr Smith would address it.
"It is completely unacceptable if ACC staff have not been dealing with the victims of sexual abuse in a sympathetic and professional way," Mr Ryall said.

Copyright 2011 APN Holdings NZ Limited
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10719434

ACC doctor drops lawsuit against sex abuse victim

An article from Stuff by Andrea Vance

A senior ACC doctor is to drop a $250,000 lawsuit against a sexual abuse victim, ACC Minister Nick Smith says.
The woman, who blogs under the name Jax, says she was denied counselling for sexual abuse, and posted comments about Sensitive Claims Unit senior medical adviser Peter Jansen on a website.
Earlier this month she received a letter from Dr Jansen's lawyer warning they had begun High Court proceedings because her postings caused "considerable embarrassment and distress".
However, Dr Smith this morning told Radio New Zealand Dr Jansen would not be continuing with the action.
Dr Smith said the doctor's lawyers had written to the woman in December, asking for the comments to be removed from the website.
"The material was still up this week and that is what led Dr Jansen's lawyers to take action," he said.
"I spoke with Dr Jansen last night, he noted that the material had subsequently been taken down from the web, he has said that he will be withdrawing the legal action," Dr Smith said.
However the comments could still be found on the internet this morning, and Jax told RNZ she had no intention of taking them down. She said she was considering suing Dr Jansen.
Labour list MP Carmel Sepuloni brought the case to the attention of Dr Smith yesterday during parliamentary questions.
On her website, Jax says she has had more than a decade of counselling. She reapplied to ACC for more counselling in 2009. After an assessment, she says she was diagnosed with post-traumatic stress disorder but did not receive any further help.
And she says she is "formally in hiding" because of a pending historical sex abuse court case.
Ms Sepuloni asked Health Minister Tony Ryall, who was standing in for Dr Smith, if the ACC minister would investigate.
"Does he think fair treatment includes a senior medical adviser at ACC, Dr Peter Jansen, suing an ACC claimant, a victim of sexual abuse, for $250,000 for speaking her mind on a blog about the appalling treatment of sexual abuse victims under his watch?" she asked.
Jax says her blog has only 15 followers. "So let me see if I get this straight ... a blog of 15 followers has done more than $250,000 worth of damage to a man who has never granted a single woman seeking compensation for sexual abuse a mere percentage of that amount?"
ACC restricted funding to only those with a diagnosed mental injury resulting from sexual abuse. After a public outcry, it partly reversed the move and said those who had a new "sensitive claim" or were awaiting a decision could have up to 16 hours with a counsellor.
A spokesman for Dr Smith was not aware of the legal action until yesterday and had asked for an "urgent report".
ACC said Dr Jansen was funding the legal fight himself.

© 2011 Fairfax New Zealand Limited
http://www.stuff.co.nz/national/politics/4890377/ACC-doctor-files-lawsuit-against-sex-abuse-victim

ACC doctor sues sex abuse victim

An article from the New Zealand Herald by Claire Trevett

A senior ACC sensitive claims clinician is suing a sexual abuse claimant for $250,000 for defamation over a satirical blog post she wrote about him.
ACC Minister Nick Smith last night asked for an urgent report on the matter after the legal action taken by ACC senior medical adviser Peter Jansen was raised in Parliament by Labour MP Carmel Sepuloni.
The woman wrote a blog about Dr Jansen in November last year, a few months after the conclusion of an independent review into ACC's handling of sensitive claims such as sexual abuse counselling.
Dr Jansen was the lead clinician in the sensitive claims unit and the blog post was a mock ACC assessment of Dr Jansen.
The woman could not be contacted yesterday, but her blog said the post in question was satirical and only about 15 people followed her blog. She also questioned how Dr Jansen obtained her address to serve legal papers, which she said was confidential because of child protection issues.
She had applied to restart counselling for sexual abuse in January 2009 and her claim was accepted.
However, seven months later the counselling had not yet been provided so she emailed Dr Jansen, who replied to say it was referred to the "media" department.
The next she heard was this week when his lawyer served the defamation suit on her.
"Here's another thought - maybe if ACC has got off their ass and given me the 'mental illness' treatment I was assessed for, then maybe, just maybe, this sort of s*** would not have happened."
In Parliament Ms Sepuloni asked if it was "fair treatment" for a senior medical adviser at ACC to sue a sexual abuse victim "for speaking her mind on a blog about the appalling treatment of sexual abuse victims under his watch?"
A spokesman for Dr Smith later said he had no knowledge of any legal action by Dr Jansen and was seeking an urgent report.
Ms Sepuloni had Dr Jansen's statement of claim to the High Court seeking $200,000 in general damages and $50,000 in aggravated damages.
It states that the post was "false and defamatory" and as a result Dr Jansen was "greatly injured in his professional and personal reputation, has been exposed and held up to ridicule and contempt and has been seriously injured in his reputation and character".
An accompanying letter from his lawyer said the woman was asked to remove the post in December 2010 but had not obliged.
Dr Jansen said he would not comment yesterday and referred the Herald to ACC's media team.
General manager claims management Denise Cosgrove said it was a private suit by Dr Hansen and ACC had no evidence to suggest he had used or accessed ACC information for it.
She said ACC could not identify the client from the posting but said there were processes in place to deal with complaints. "If they are a client then they would get the same treatment and service from ACC as any other client regardless of whether they blog or not."
Dr Jansen is also on the Health Quality and Safety Commission.
A Distinguished Fellow of the Royal New Zealand College of General Practitioners for his work in cultural competence, he is a past deputy chairman of Counties Manukau DHB, a board member of MidCentral Health and a director of Quality Health NZ.

Copyright 2011 APN Holdings NZ Limited
http://www.nzherald.co.nz/health/news/article.cfm?c_id=204&objectid=10719404

Senior ACC adviser suing sexual abuse victim

A news report from Radio New Zealand

The ACC Minister has ordered an urgent report after learning a senior medical adviser at the corporation is suing a sexual abuse victim for $250,000 over comments she made on a blog.
The Accident Compensation Corporation says Dr Peter Jansen is taking the legal action in a private capacity.
The case was highlighted in Parliament by the Labour Party during Question Time on Thursday.
Labour MP Carmel Sepuloni asked ACC Minister Nick Smith whether it was fair for Dr Jansen to sue an ACC claimant "for speaking her mind on a blog about the appalling treatment of sexual abuse victims on his watch".
Dr Smith was not in Parliament to respond to the question. Answering on his behalf, Tony Ryall replied that if Ms Sepuloni has information on the case she can bring it to the minister.
Dr Smith said late on Thursday afternoon that he had just heard about the matter and has requested an urgent report. The minister said the situation is highly unusual and expects a "no surprises" approach from government departments.

© 2011 Radio New Zealand
http://www.radionz.co.nz/news/national/72930/senior-acc-adviser-suing-sexual-abuse-victim

ACC employee sues sexual abuse victim

An article from the NZPA

A senior ACC employee is suing a sexual abuse victim over comments she made about him on an internet blog, Parliament was told today.
Labour MP Carmel Sepuloni raised the case when questioning ACC Minister Nick Smith about how victims of sexual abuse were treated by the organisation. "Does he think fair treatment includes a senior medical adviser at ACC, Dr Peter Jansen, suing an ACC claimant, a victim of sexual abuse, for $250,000 for speaking her mind on a blog about the appalling treatment of sexual abuse victims under his watch?"
Ms Sepuloni also asked whether the minister would investigate how Dr Jansen had accessed private information about the woman to initiate legal action.
Answering on behalf of the minister, Cabinet Minister Tony Ryall said Dr Smith was always concerned about the victims of sexual abuse, and if Ms Sepluloni provided him with information about the case Dr Smith would address it.
"It is completely unacceptable if ACC staff have not been dealing with the victims of sexual abuse in a sympathetic and professional way," Mr Ryall said. "I invite the member to immediately bring the information and concerns that she has to the minister's attention."
Ms Sepuloni was denied permission to make public a letter from Dr Jansen's legal representative to the woman accused of defamation.
A spokesman for Dr Smith said the minister had no knowledge of any legal action being taken by Dr Jansen until today, and that he had asked for an urgent report from ACC on the matter.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10719315

Question to Minister: ACC sensitive claims clinical pathway - fairness of treatment

http://www.youtube.com/watch?v=F8Zxo0MlibI

Carmel Sepuloni to the Minister for ACC: Is the Minister confident that victims and survivors of sexual abuse are getting fair treatment from ACC?
Hon Tony Ryall (Minister of Health) on behalf of the Minister for ACC: I am advised that since introducing the 16 hours of support sessions recommended by the independent review of the clinical pathway, there has been a good uptake of these sessions, and ACC has made positive gains in this area. ACC has also engaged Dr Barbara Disley, who chaired the initial review, to perform a 6-month progress report on ACC’s implementation of the recommendations, and that report is expected shortly. The Minister is confident that this progress review will confirm that ACC has made positive gains.
Carmel Sepuloni: Does he think fair treatment includes a senior medical adviser at ACC, Dr Peter Jansen, suing an ACC claimant, a victim of sexual abuse, for $250,000 for speaking her mind on a blog about the appalling treatment of sexual abuse victims under his watch?
Hon Tony Ryall: I would say the Minister for ACC is very concerned about the victims of sexual abuse, and he goes to great lengths to see that ACC handles them sympathetically and fairly at all times. If the member has some information that she would like me to raise with the Minister, I would be more than willing to do that.
Carmel Sepuloni: Will he investigate how Dr Peter Jansen accessed private information about a victim of sexual abuse and used it to initiate legal action?
Mr Speaker: If this is a matter where legal action has been initiated, I think we need to be fairly careful about that. I do not believe I should allow that question.
Hon Trevor Mallard: I raise a point of order, Mr Speaker. I think the matter is relatively simple as to whether the matter is before the court. If it is not before the court, it is my understanding that it has been the practice of the House for a question to be allowed on an issue. If it is before the court, I think the practice has been developing, at least, of your being consulted before the matter is brought up.
Mr Speaker: That seems to be a reasonable argument. I will allow the Minister to answer.
Hon Tony Ryall: I know the Hon Nick Smith is always concerned about the victims of sexual abuse. If the member has information that she would like to bring to me on that case, I am sure the Minister will deal with it. It is completely unacceptable if ACC staff have not been dealing with the victims of sexual abuse in a sympathetic and professional way.
Carmel Sepuloni: Does he think it is fair treatment for a senior adviser at ACC not to have the resourcing to provide counselling to a victim of sexual abuse, but to have the resources to sue her for a quarter of a million dollars?
Hon Tony Ryall: I have no information about who is funding any of the suggestions that the member opposite is making in respect of legal action. I do know the Minister is very concerned to make sure that all victims of sexual abuse are dealt with sympathetically and professionally by the ACC.
Carmel Sepuloni: Does the Minister think it is fair treatment for ACC claimants to be subjected to that type of legal action by ACC employees, and can other ACC complainants expect the same “fair” treatment if they dare to speak out?
Hon Tony Ryall: I invite the member to immediately bring the information and concerns that she has to the Minister’s attention. The Minister is always concerned to make sure that the victims of sexual abuse are dealt with sympathetically and professionally by the ACC. If she can show that that is not the case, I am sure the Minister will seek to take action.
Carmel Sepuloni: I seek leave to table a letter by the legal representation for Dr Peter Jansen to the sexual abuse victim accused by Dr Jansen of defamation, dated 12 April 2011.
Mr Speaker: Leave is sought to table that document. Is there any objection? Did I hear objection? There is objection.

http://www.parliament.nz/en-NZ/PB/Business/QOA/d/1/f/49HansQ_20110414_00000011-11-Accident-Compensation-Sensitive-Claims.htm

External review of ACC needed to restore faith

An article from the Otago Daily Times by John Gibb

Dunedin ACC campaigner Denise Powell says ACC's credibility has recently "taken a hammering" over some controversial elective surgery decisions, and an external review is needed to restore public faith in the corporation.
Mrs Powell is president of Acclaim Otago, an ACC claimant support group, and is also a member of the ACC Consumer Outlook Group, a liaison body which brings together ACC claimant support groups and others, with ACC management.
ACC has already begun an internal review of elective surgery, but, at a meeting in February, COG members urged ACC to consult more widely.
Elective surgery is also likely to be discussed at COG's next meeting, in Wellington today.
Dr Barbara Disley, a former senior Mental Health Commissioner, last year led an external review of "sensitive claims pathway" changes involving ACC's dealings with sexual abuse victims, which found some shortcomings and made 14 recommendations.
Mrs Powell said it seemed "very lottery-like" whether injured ACC claimants gained elective surgery, given suggestions that many people had been affected by degenerative processes and were effectively denied ACC cover.
Current decisions over surgery might be accurate, but the general public did not have "a lot of faith" in them.
An external review, such as over sensitive claims, was needed, she said.
Phil Riley, ACC external claims management national manager, said ACC expected the internal review to be completed at the end of this month.
Stakeholder groups had taken part, and the initial consultation had been extended, with 500 clients also surveyed.
He thanked everyone who had given ACC feedback.
ACC Minister Nick Smith has previously dismissed the idea of holding an external review into surgery issues.

© Allied Press Ltd 2010
http://www.odt.co.nz/news/dunedin/155963/external-review-acc-needed-restore-faith