Protesters demand changes to way sexual attack survivors dealt with by ACC

An article from the New Zealand Herald

A "small but committed" group of protesters gathered outside ACC's Auckland office this afternoon calling for sexual attack survivors to qualify for ongoing taxpayer-funded counselling without a mental health illness diagnosis. Green Party MP Jan Logie led the demonstration with support from victim advocate, Louise Nicholas.
Up to 14 hours of one-on-one therapy is currently available when someone lodges a sensitive claim with ACC, along with up to 10 hours of social work support. Up to 20 hours of whanau support is also available immediately.
After these are used, ACC decides whether to approve cover for further support, should the person need it. That included victims needing to be diagnosed with a mental health injury relating to the abuse.
"Some survivors feel having to have a diagnosis puts judgment on them," Ms Logie said. "It takes them back to the the feeling that there's something wrong with them; that they're at fault.
"In other cases, survivors who need support are turned down because they don't have a diagnosis, or some don't apply for support because they think they'll be turned down."
She said a small but committed group of about 20 protesters gathered outside ACC's Auckland office at 12pm today.
"What we're asking for is incredibly simple. A counsellor can assess a survivor and whether they need help without them needing a mental health diagnosis."
The Green Party has also begun a petition which will be presented to ACC Minister Nikki Kaye.
Ms Kaye has said she believes the system is supportive of survivors but she will meet with providers to discuss possible changes to the scheme. That would include looking at different ways to assess mental harm to victims.
Ms Kaye said a "mental injury diagnosis" could be provided by any ACC registered and appropriately qualified assessor, which in many cases is the client's counsellor.
Changes were made in 2009 to the way support was accessed through ACC by sexual violence survivors, bringing in the requirement for a mental injury diagnosis in order to access help. After a 2010 review of the scheme and consultation with those working in the sector, further changes were made so survivors could have immediate access to support.

© 2016 NZME Publishing Ltd

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11647644

Being a victim is not illness

An article from the Herald on Sunday by Tess Nichol

Requirements for sexual attack survivors to be diagnosed with a mental health illness to get ongoing taxpayer funded counselling could be reviewed, ACC Minister Nikki Kaye has revealed.
Green Party MP Jan Logie will tomorrow lead a demonstration at ACC's Auckland office protesting the current process, which requires survivors receive a mental injury diagnosis before their claim for further assistance can be approved.
Up to 14 hours of one-on-one therapy is available when someone lodges a sensitive claim with ACC, along with up to 10 hours of social work support. Up to 20 hours of whanau support are also available immediately.
After these are used, ACC decides whether to approve cover for further support, should the person need it. That included victims needing to be diagnosed with a mental health injury relating to the abuse.
"We believe that survivors of sexual abuse should be able to get all the help they need without the requirement of being diagnosed with a mental illness," Logie said. "The advocates are very clear that it is still acting as a barrier, [that] the consequences are harmful and that it's unhelpful."
Logie said she had been told of survivors who had to retell painful details of their abuse to people they had not previously met so they could get the mental health diagnosis they needed to keep seeing their therapist, a process they described as traumatic and revictimising.
Kaye told the Herald on Sunday she believed the system was supportive of survivors. But the minister said she would meet providers this week to discuss possible changes to the scheme. That would include looking at different ways to assess mental harm to victims.
"I'm really keen to work with providers and opposition parties to see if there is a better way [of doing things]."
Kaye said a "mental injury diagnosis" could be provided by any ACC registered and appropriately qualified assessor, which in many cases is the client's counsellor.
"If the assessor is someone different, the client's counsellor can be with them throughout the process, including during the assessment to ensure they feel safe and supported, and can provide background information to the assessor beforehand if the client doesn't wish to speak about some things again."
Changes were made in 2009 to the way support was accessed through ACC by sexual violence survivors, bringing in the requirement for a mental injury diagnosis in order to access help. After a 2010 review of the scheme and consultation with those working in the sector, further changes were made so survivors could have immediate access to support.
Since the review, ACC has been working with providers to improve the care of sexual assault survivors, something Kaye said had been hugely successful.
"We've come a long way [since 2009]," she said. "ACC has given me feedback that a lot of providers have been quite positive about the new service. But that doesn't mean that we can't do better."

© 2016 NZME Publishing Limited

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11646773

Question to Minister

9. IAIN LEES-GALLOWAY (Labour—Palmerston North) to the Minister for ACC: Is she satisfied that just 54 percent of the public expressed trust and confidence in ACC according to the corporation’s 2014 Annual Report?



Hon Nikki Kaye (Minister for ACC): No, I believe that ACC needs to do more to rebuild trust and confidence with New Zealanders. I am confident that ACC has a significant programme of work under way to achieve this. I am also pleased that the annual report shows trust and confidence has been trending upwards for the past few years.

Iain Lees-Galloway: Did former Minister Judith Collins damage public trust and confidence in ACC when she admitted that every New Zealander is paying too much for ACC because the Government is using excessive levies to create the perception that it will achieve a fiscal surplus in the current financial year?

Hon Nikki Kaye: Well, firstly, I disagree with the statement made in that question. But what I can say in terms of levies is that under our Government we have announced $480 million in levy reductions. That is incredibly significant, and it is a bit rich to get a lecture after the previous Labour Government left us with a huge deficit in 2008-09 of $4.8 billion.

Iain Lees-Galloway: I am going to seek leave to table a media statement, but that is because the Minister refuted the premise of my question—

Mr Speaker: Order! Members need to understand that the purpose of tabling a document is not to make a political point.

Iain Lees-Galloway: The purpose is not to make a political point.

Mr Speaker: Well, I think that in the way it has been described to me, it is very much about making a political point. The reason people seek leave to table documents is that it is information that is not readily available to members, may be difficult to source for members, and may be informative to members. If it is something that has been in the media, particularly media that is freely available to members, I do not intend to start putting the leave.

Chris Hipkins: I raise a point of order, Mr Speaker. In a ruling that you made—it was either earlier this week or last week—you referred us to a Speaker’s ruling that requires any statements made in a question to be authenticated, so if there is any factual material in a question, it needs to be authenticated. If a member is not able to table a document to authenticate that claim, what is the appropriate way for them to authenticate any claim that they might be making in a question?

Mr Speaker: The member, I think, is confused between a primary question and a supplementary question. The authentication is required for a primary question, and that is required in the process when it is lodged to the Clerk’s Office, and they will be accepted with authentication. With regard to supplementary questions, I have to judge relatively immediately whether it is a reasonable question, and I do that, but it is not as if there is an ability to then table information that substantiates the authentication of a supplementary question. So in this case, the primary question was authenticated, it was immediately answered in the very first word by the Minister, and we have now moved to a supplementary question. The way forward, as I continue to advise the House, is further incisive supplementary questions.

Iain Lees-Galloway: Does the Minister accept—

Hon Dr Jonathan Coleman: World weary—he’s not happy. That’s a big sigh.

Iain Lees-Galloway: Are you all right? Does the Minister accept that over the 6 years that National has been in Government, New Zealanders have overwhelmingly come to perceive ACC as difficult to deal with, likely to breach their privacy, likely to litigate against claimants, and overcharging them for the privilege; if not, why not?

Hon Nikki Kaye: No, I do not accept all of the statements made by that member. What I can say is what I have said in answer to the primary question: there is more work to do. Obviously, by a percentage that shows 54 percent public confidence, we have to do better. Let me outline some of the progress that we have made. Firstly, you can see at an investment level that ACC is now essentially fully funded. That is an extraordinary achievement for this Government, given that we were left in a situation of a debt of $4.8 billion in terms of deficit. Secondly, at an organisational level it is very clear—and I am meeting with the board tomorrow—that it has a huge programme around both updating information and communication technology systems to ensure that we have better progress around issues like privacy but also that a huge amount is being done in terms of claims management. I am confident that ACC is on the right track.

Iain Lees-Galloway: Will this morning’s article in the New Zealand Herald damage public trust and confidence in ACC, given that it detailed an attempt to cover up information about fraudulent activity, that the cover-up itself was bungled, that when pressed about the extent of fraud, ACC could only say that the information it used was not robust, and that an accurate figure for the level of fraud has not been provided?

Hon Nikki Kaye: In terms of the article in the New Zealand Herald, I do not believe that it will actually damage public trust, because you need to understand that the data is—and I want to outline why, for a number of reasons—11-year-old data. The data was from 2,000 clients, and that is out of a total of about a billion claims. So, firstly, it was a very small sample. I also understand that the figure that was quoted of 8 percent to 10 percent was not the proportion that was fraudulent; it was the proportion that needed another look. So it is old data, it is a small sample, and it is ropey.

Iain Lees-Galloway: Given that the Minister is not satisfied with the level of public trust and confidence in ACC, does she believe that the two initiatives to address public trust and confidence listed in the service agreements between ACC and former Minister Collins, which are “refresh our communications strategy” and “social media”, will be enough to improve confidence in ACC, or does she think it might take something a little bit less superficial than that?

Hon Nikki Kaye: In terms of the corporation’s programme to improve public confidence, there is a range of initiatives. There is a range of initiatives. The member is referring to a different document. He is not referring to the annual report. If he reads the annual report, he will see that not only is there a significant investment plan in terms of dealing with the privacy issues, and not only is the ACC doing a huge amount around sensitive claims, which is very important, but, thirdly, the Government is looking at the long-term funding policy. When he drills down, when he does the work and reads the annual report, he will see that one of the areas where we do need to improve public confidence is around businesses’ interaction with the ACC. There is a huge amount to do in terms of that administration side because that is where the public confidence is partly very low.

Marama Fox:

    [Authorised te reo text to be inserted by the Hansard Office.]

    [Authorised translation to be inserted by the Hansard Office.]

Hon Nikki Kaye: Just in terms of the translation of that question, I got only half of it, I think—

Mr Speaker: I invite Marama Fox to either repeat it in Te Reo, or, if she wants to, she can now repeat the question in English—whichever she would rather do.

Marama Fox: Perhaps I will repeat it in English. How is the Minister planning to address the projected 10 percent increase in new sensitive claims each year, and what plans does she have in place to involve whānau in the recovery process?

Hon Nikki Kaye: That is a very good question. Firstly, one area where the Government is very focused, and also the corporation is very focused, is the prevention of sexual violence. We have a strategy and an action plan around that, and they involve a number of Government agencies. The second thing I would say is I am advised that ACC is currently in the final stages of tendering for new suppliers and providers around some of those sensitive claims. That is very important so that we have more providers. Thirdly, with regard to family and whānau support, I am pleased to confirm that family and whānau of sensitive claims clients will receive support through the introduction of up to 20 hours of family and whanau support, depending on family need. I can confirm that this will be available by the end of the year.

Hon Te Ururoa Flavell: I raise a point of order, Mr Speaker. Tēnā koe, Mr Speaker. Can I just ask the Minister with respect to the question, because I was not listening to the translation, for further information, just in case other members, Māori members, use Te Reo and we have to switch into English, which defeats the purpose. Was the issue that the Minister did not get a good translation, that the Minister did not get a translation, or that the translation was unclear—just for the purposes of—

Mr Speaker: I am sure I can answer that on behalf of the Minister. The Minister did not manage to realise it was going to be in Māori. She did not grab the headpiece in time to listen to the translation, so she picked up the latter part of the—[Interruption] I will let the Minister explain her own reasoning.

Chris Hipkins: I raise a point of order, Mr Speaker.

Mr Speaker: No, I am going to hear from the Hon Nikki Kaye first so we will get an explanation.

Hon Nikki Kaye: I was listening, and I heard only half, I think, of what the translation was, and other members may be able to confirm that.

Chris Hipkins: I am happy to speak to this, because I also was listening to the translation, and the translation bore very little correlation to the question that was then asked in English. This is quite a serious issue for the House, because we previously had a situation where questions were asked first in Te Reo Māori and then in English, and we moved to a system where we had simultaneous translation. If that translation is not going to actually translate what is asked, then we are going to have to reassess that. I listened very carefully to the translation. I can fully understand why the Minister did not understand what the question was. I did not understand what the question was either.

Mr Speaker: Thank you. I appreciate that. When I finally got my headpiece on, again, I found much the same as the member Chris Hipkins has said. We need to now investigate whether it was an issue to do with the translation, because it is critical, if we are going to rely on the translator, that we have an accurate interpretation of the question that is asked. Otherwise, it could lead to all sorts of difficulties for a Minister. I will look into the matter.

Abuse claim oversight switch stuns providers

An article from the New Zealand Herald by Simon Collins

Australian health insurer Medibank has won a bid to manage sexual abuse claims for the Accident Compensation Corporation (ACC).
The company, which is being sold by the Abbott Government in a share float expected to fetch up to A$5.5 billion ($6.1 billion), is one of 173 successful bidders to become "suppliers" of sexual abuse counselling - a new management layer that will contract with counsellors and psychologists who will remain the service "providers". Other successful bidders include Active Physiotherapy, now called Active+, and Auckland's biggest doctors' network, Procare.
Counselling leaders are alarmed. Manukau counsellor Tania Blomfield, who co-chairs the national network of sex abuse counselling agencies, said she was concerned that "private sensitive information is going into databases outside of the sector".
"It scares me that they may be seeing this as a potential money-spinner," she said.
ACC has lifted funding from a standard $83 an hour at present to new rates which will stay about the same for counsellors with diplomas but will increase to about $100 an hour for those with master's degrees or $130 an hour for physiotherapists, or more for clinical psychologists. But counsellors who go into the new integrated contracts will no longer be able to charge clients "top-up" fees of up to $90, and some could end up worse off if the supplier companies managing the contracts take a big cut for administration.
"From the client's perspective, which is what it's all about, this is going to be a lot better than the existing system, but the question is going to be how badly do the providers get screwed along the way," Ms Blomfield said.
Medibank NZ general manager Andrea Pettett said the company approached about 700 of the 900 ACC-registered counsellors and received indications of interest from more than 100 of them. The company also operates the Healthline phone service for the Ministry of Health and is believed to be on a shortlist of three, along with Lifeline and a company owned by Procare and Christchurch doctors' network Pegasus, in another tender to integrate Healthline with other helpline services.

Sex abuse tender

Why are sex-abuse counselling contracts being re-tendered?
ACC's new "integrated contracts" include assessing clients' needs as well as providing counselling. Until now most counsellors have not had contracts but simply billed ACC for hours worked.

Why can insurance companies and physiotherapists bid?
ACC has opened up the criteria for assessments to allow clients to choose their assessors and counsellors. Until now ACC decided who did the assessments.

What will change for sexual abuse survivors?
They should get a more integrated service, fully funded by ACC. Counsellors in integrated contracts can no longer charge clients extra fees above the ACC subsidy.

Why are counsellors worried?
Some counsellors worry that insurance and physiotherapy companies won't understand privacy issues and other sensitivities in sexual abuse cases.

© 2014 APN New Zealand Ltd

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11346777

Changes to ACC funding for sensitive claims

A post from FrogBlog by Jan Logie

Isaac Davidson from the Herald ran another great story today on the support services for victims of sexual abuse and ACC plans to improve coverage.
The new model will be “an expanded, more flexible service which took into account the sensitivity, length of time and cost of treating rape-related trauma based on the 2010 review recommendations.” It will cover full cost of the sessions and will allow people to shop around for a therapist who they feel comfortable with and therapists, psychologist and psychotherapists would be given travel funding to allow them to reach people in isolated regions. ACC is also planning to increasingly include family members or support people through the recovery process. There is an expectation that with increased reporting and more funding ACC were expecting the cost of sensitive claims to double from $45million per year.
Of course this is all good news but there are a few points in here that we need to watch carefully if we are to ensure that everyone gets the right help...

Read the rest of this post here: http://blog.greens.org.nz/?p=30254

© 2014 The Green Party of Aotearoa New Zealand

ACC to cover rape therapy costs in full

An article from the New Zealand Herald by Isaac Davison

ACC will pay for every cent of rape victims' counselling as part of a major overhaul of its sensitive claims system later this year.
The corporation is bracing for a significant increase in the number of sensitive claims in the next six years as the stigma around sexual violence is increasingly broken down in New Zealand.
In response, it was planning an expanded, more flexible service which took into account the sensitivity, length of time, and cost of treating rape-related trauma. These changes were based on the recommendations of a highly critical independent review in 2010.
Sexual violence services are under scrutiny in New Zealand following the "Roast Busters" scandal and temporary closure of some frontline clinics because of funding shortfalls. ACC received 5055 new sensitive claims last year, and is expecting a 10 per cent increase in claims each year until 2020.
ACC strategy manager for sexual violence Emma Powell said the overhaul would give victims more time, funding and choice.
"We are no longer going to be approving 10 counselling sessions here, or 10 there, we are actually saying 'Here's 12 months, you and your therapists ... build a programme around the person's needs ... and that's about providing a much more holistic approach'.
"We're throwing away the calendar and throwing away the clock and just letting people focus on getting better."
The cost of the upgrade cannot yet be revealed, but it was expected to require a doubling of funding. ACC spent around $45 million on sensitive claims in 2012/13.
At present, ACC funded counselling for rape victims but only up to $80 for a one-hour session. Counsellors often charged a "top-up", or additional fee of up to $90.
Ms Powell said the corporation was concerned that this cost was putting people off a crucial service. Claimants were taking an average of 7.8 sessions despite being entitled to 16 sessions, or more depending on their circumstances.
Under the new service, ACC would cover the full cost of the sessions. The overhaul would also allow victims to shop around for a therapist who they felt comfortable with.
Therapists, psychologists or psychotherapists would be given travel funding to allow them to reach people in isolated regions.
ACC and its partner agencies planned to increasingly include family members or support people during the recovery process, though it was not yet planning to extend its services to perpetrators.
At present, adult sexual abusers can get funded treatment only if they are in the criminal justice system. This meant there was a gap in the system because many victims knew their abusers and did not want to place charges, but wanted them to get treatment.
This problem was raised at a wide-ranging Parliamentary inquiry into specialist sexual violence services. The inquiry has been told of long waits for specialist services, uncertainty about continued funding, and the struggle to help Maori, rural, transgender or intersex clients.

Funding changes
*All counselling sessions for sensitive claims will be fully funded.
*Claimants can get access to 48 therapy sessions over 12 months, as well as other treatment.
*Victims can shop around for a counsellor they can trust.
*Family members or support people will be included in treatment where appropriate.
*Therapists will be funded for travel to allow them to visit isolated regions.

© 2014 APN New Zealand Ltd

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ACC compo policy 'wrong in law'

An article from the New Zealand Herald by Martin Johnston

Form requesting signature to consent to information with threat of compensation cut is deemed unlawful.
A judge has overturned ACC's policy of cutting off accident claimants' compensation if they refuse to approve widespread gathering of information about themselves. The Accident Compensation Corporation's actions were "without basis and wrong in law", District Court Judge Grant Powell says in two just-released verdicts. The decisions come 2 years after ACC's mass privacy breach.
ACC, asked yesterday if it was following the judge's advice to rewrite the ACC167 form, said the form was "not illegal". ACC was "amending the relevant processes to address the matters raised by the court". ACC argued before the court cases that the blanket consent form provided "administrative efficiency".
Claimants Denise Powell, a part-time university lecturer who had a back injury, and "K", a sexual abuse victim and brain injury claimant, appealed against ACC cutting off their entitlements after they repeatedly refused to sign the ACC167 form. Their entitlements were reinstated after they eventually signed but they said they only signed because they were put under duress. Both claimants previously had arrangements with ACC to give it consent to obtain specific information relating to their claims case-by-case. This system ran for several years until 2009 and 2010 when case managers indicated the corporation could no longer accept those arrangements and they would have to sign the form or lose their entitlements.
But Judge Powell said the ACC167 form was much broader in its consent to gather information than the requirement in the Accident Compensation Act that claimants approve the release of "medical and other records that may be relevant to the claim". ACC was justified to seek a wide range of information and could request consent for this from claimants. But it could use section 117/3 of the act to cut off entitlements for refusing consent only for the "medical and other records" specified in the act, and not for the wider information search that ACC167 enabled.
The judge cites, as an example of the kind of wider information sought, Dr Powell's ACC case manager asking her GP if the medical certificates he wrote accurately reflected the amount of work she was capable of doing. "It would appear," the case manager wrote, "that the hours both paid and unpaid combined could almost exceed a full week's work. If you do not agree will you please provide your reasons."
Dr Powell, an ACC claimants' support group spokeswoman, said the case manager's letter was inappropriate and after a complaint she was assigned to a different case manager. "K" told the corporation he was concerned about its use or possible misuse of private information including details about his sensitive claim with ACC.
Warren Forster, the advocate for both claimants, said there had been a long line of failed appeals against having ACC payments stopped because of refusing to sign the ACC167 form, but there had not been full legal argument on the issue before the K and Powell cases. ACC is setting up a dedicated phone line for clients with historical consent concerns.

• ACC consent concern line 0800 745 254.

Form filling
• ACC167 form asked claimants to sign: "I give my consent for information about me to be collected, used and disclosed..."
• The Accident Compensation Act says: "A claimant who receives any entitlement must, when reasonably required to do so by the corporation...authorise the corporation to obtain medical and other records that may be relevant to the claim."
• What the judge said: "In my view, even a casual glance at the ACC167 form...shows that the authorisation is considerably more extensive than provided by section 72, 1, c [of the act]."

© 2014 APN New Zealand Ltd

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Sexual-violence inquiry reveals gaps in services and funding shortfall

An article from the New Zealand Herald by Isaac Davison

John was first referred to sexual violence services aged 12. His mother was schizophrenic and his father, a gang member with a violent history, was in prison.
After he began acting out violently and sexually at school, Child, Youth and Family (CYF) shuffled him through foster homes in his rural neighbourhood. He failed to improve, and was moved to a specialist home in a nearby city, where he was diagnosed with high-functioning autism.
John's life turned around when he was transferred to a state-funded residential treatment programme.
"He did exceptionally well," said Lesley Ayland, chief executive of the Harmful Sexual Behaviour Sector.
"He made a huge improvement in his learning, his behaviour settled, he returned to the group home and continued to do well. He was on track to attend university."
But when John turned 17, CYF closed its case because he had become an adult. There was no equivalent support for adults. He returned home to his mother, who was refusing medication. His behaviour deteriorated and he reoffended.
John's story was one of several complex and tragic cases told to a major inquiry into sexual violence services in New Zealand, which resumes hearings in Wellington tomorrow. Doctors, victims, psychologists, lobby groups and officials warned Parliament's social services committee last week that there were a number of gaps in the current system. They expressed concern about long waits for services, uncertainty about continued funding, total absence of funding for some sectors, and the struggle to help Maori, rural, transgender or intersex clients.
National crime statistics released last week revealed a 10 per cent increase in sexual assaults between 2012 and 2013. The trend could reflect increased reporting of abuse, not a rise in the rate of assaults.
Wellington Rape Crisis agency manager Eleanor Butterworth said more victims were seeking help because the stigma around sexual violence was increasingly being broken down. She said this change would require greater resourcing for sexual violence services.
"That means long-term plans, not pilots, it means multi-year funding contracts, it means services directed at hard-to-reach and marginalised communities and it means getting your head around the fact that one in four women and one in eight men have experienced sexual violence in their lifetime and that many of those people will want to access specialist services at some point in their lives."
The most common complaint to the inquiry was the absence of secure, long-term funding for frontline services. Funding was usually distributed in one- or two-year contracts, which gave providers little certainty for treating clients who required years of rehabilitation.
Only $77,000 of Wellington Rape Crisis' $300,000 to $330,000 budget was guaranteed, non-contestable funding. It was temporarily forced to reduce its service from five to four days a week last year because of a lack of funding - a shortfall which prompted Green MP Jan Logie to seek the inquiry. At present, the rape crisis agency is running on a $100,000 deficit and will cut services again if it cannot secure more funding.
MPs also heard about geographical gaps in the system. Specialist services are mostly limited to the main cities and some centres have no services at all. Some rural clients have to travel long distances for treatment.
ACC is doubling its budget for sensitive claims (sexual abuse or rape cases) at the end of this year. But the Government still requires specialist support to meet the complex needs of rape victims or their perpetrators.
Intersex Trust Aotearoa executive director Mani Mitchell said that despite the high proportion of abuse among transgender or intersex people, there was no specialised service for these groups. Submitters also told the inquiry that funding was skewed towards victims and the care and protection of children.
Cuts by the Ministry of Social Development in tight fiscal times meant adult sex offenders who abused other adults could not get treatment unless they were in the criminal justice system. This was significant because sexual offending was largely a hidden crime - just one in 100 offenders went to prison. Many people knew their abusers and did not want to charge them. But unless they were charged, their recovery was not state-subsidised.
Ms Ayland said many abusers voluntarily sought treatment if it was available.
MPs heard that CYF had some blind spots. In one case, six boys had seriously assaulted another boy at a secondary school. But CYF did not intervene if a young person was a threat to his or her peers.
When the hearings are completed, the select committee will make recommendations to Government for improvements to the system.
Paediatric Society head Dawn Elder said she hoped any reforms would bring care for sexual abuse victims into line with the rest of New Zealand's health system.
"It seems odd to me that you can have renal failure and you get dialysis, you can have cancer and you get paid for your cancer treatment. [But] you can have a really crappy childhood and have severe mental problems and some sexual offending problems and you struggle to get services. I don't understand it."

© 2014 APN New Zealand Ltd

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Woman leads Roast Busters police case

An article from the New Zealand Herald by Anna Leask

Police up ante as detective with significant experience appointed to head multi-agency probe into scandal.
Police have upped the ante on the Roast Busters investigation, appointing a woman detective with significant experience in child sexual abuse cases to head the newly named Operation Clover and drawing on a number of government agencies.
And ACC is welcoming victims and offering support - regardless of whether they wanted to speak to police or make formal complaints.
Detective Inspector Karyn Malthus, who usually oversees all serious crime in the Auckland city district, will join the Waitemata Child Protection team, who have been investigating the Roast Busters members since a 13-year-old girl made a formal complaint against them in late 2011. Her appointment to the operation comes just days after Commissioner Peter Marshall conceded police should have handled the publicity around the underage sex scandal earlier and had repeatedly given wrong information to media about the number of victims involved.
Roast Busters is a group of predominantly West Auckland youths whose members bragged online about having sex with drunk and underage girls. Members Joseph Parker and Beraiah Hales are said to be living undercover since their names and faces were made public. It was confirmed last Friday that Tristan Burrow, the son of police Constable Craig Burrow, was associated with the group in 2011. He was interviewed by police and co-operated with the investigation, but has had no involvement since.
Police refused to answer specific questions about the investigation yesterday, including whether any new victims had come forward and whether they had spoken to any of the suspects since last week. But in a statement they said Ms Malthus would lead a multi-agency team on Operation Clover.
Detective Superintendent Andy Lovelock, called in last week to "cast a fresh set of eyes" on the case, will retain overall oversight of the investigation.
Meanwhile, ACC is urging victims to come forward to access sexual assault support including counselling to help them make a decision about whether they wish to involve police. If you would like to speak to ACC about what support is available, contact its Sensitive Claims Unit in confidence on 0800 735 566.

© 2013 APN Holdings NZ Ltd

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11155361

Alarm over depression therapy cuts - corrected article

An article from the Herald on Sunday by Sally Webster

Funding for talk therapy is drying up just as increasing numbers of New Zealanders are feeling comfortable talking about their problems.
The country's biggest income protection insurer, Sovereign, says claims for depression have reached a crippling 40 per cent and the cost of counsellors it sends clients to "out of the goodness of our hearts" can't be sustained. It will recommend more clients do exercise and take medication.
Government departments have also reduced the counselling services they have offered for years. Free relationship counselling services offered by the Family Court are about to be axed; the Ministry of Social Development is tightening up on the extensive counselling it offers the mentally ill on the disability allowance. The ceiling on therapy sessions may be cut from 16 to as low as four.
Some of the cutbacks, particularly Sovereign's, have alarmed the Association of Psychotherapists' chair of public issues, Kyle MacDonald. He says they are being done simply to save money.
"We are up against the massively funded model of the drug companies who convince people that medication is the best treatment, despite evidence to the contrary for mild to moderate depression."
Sovereign's chief medical officer, John Mayhew, says it has decided that where antidepressants have been proven to work well, it is "efficacious" for them to be used.
"In the past we've had, say, a 50-year-old stockbroker with an income protection product who's become severely depressed.
"The first thing we'd do is get him seen by a psychiatrist, get a diagnosis and then start treatment. That might be a mixture of psychotherapy, medication and an exercise programme. But now we've decided a talk therapist isn't necessary for everyone.
"A guy whose wife has just left him might be depressed and struggling to cope but it doesn't mean he necessarily has to see a counsellor.
"Anti-depressants like SSRIs (selective serotonin re-uptake inhibitors) are proven to work."
The Ministry of Justice is gutting its free relationship counselling. The Court Proceedings Reform Bill before Parliament will kill off the remaining three hours' free relationship counselling for couples. That was halved from six in 2012.
Justice Minister Judith Collins says the ministry has no idea of the outcomes of counselling sessions.
These will be replaced with six separation mediation sessions, free to 60 per cent of users who fall under the civil legal aid threshold. Those above it will pay about $780 + GST a couple, or $390 a person. Those talking separation will be advised to pay for their own counselling, though judges can still order it be paid for if things get as far as the Family Court.
The squeeze on therapy has angered comedian and Nutters Club founder Mike King, who has had well-documented battles with addiction and mental illness.
"The reason I had talk therapy was because I was overwhelmed with suicidal thoughts.
"As much as the whole therapy thing went against everything I stood for, I was faced with death as the only option - I had to try it for my family's sake.
"I can say from experience that talk therapy absolutely works. But few people can afford it.
"We don't need less talk therapy. We need to be working with the Government and insurance companies to find ways for more people to get affordable or free therapy."
MacDonald of the psychotherapists association says that at its most basic, the choice is coming down to the cost of a pill versus $120-plus for a session of talk therapy.
"People are given medication as the frontline treatment - usually SSRIs - after just 15 minutes of consultation," MacDonald says.
"It is often not an effective form of treatment but people are getting this as the only option.
"We must find the reasons people are depressed and this is what therapy is for, otherwise it is likely to recur."

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Herald on Sunday wrong to claim ACC cutting counselling support

A press release from ACC

An incorrect claim was made in the article “Alarm over depression therapy cuts” that appeared in the Herald on Sunday on 28 July.
The article wrongly stated that “the ceiling on [ACC] therapy sessions may be cut from 16 to as low as four.”
ACC will not be reducing the 16 hours of counselling support available to people who make a claim for mental injury as a result of sexual abuse or sexual assault.
The sensitive claims service redesign currently underway is about ensuring all people with sensitive claims receive the services they need. It is not about reducing services.
Next month ACC will be running a number of stakeholder meetings to get input and feedback on the proposed new high-level service design. Later this year we will also conduct a nationwide roadshow to explain the new service design to sensitive claims providers.
Our media team has contacted the Herald on Sunday today to request a correction. ACC is concerned that current clients of sensitive claims services could be alarmed by the article, and we have asked a range of provider groups for their help in letting clients know the information is incorrect.

http://www.acc.co.nz/news/WPC118907

Alarm over depression therapy cuts

An article from the Herald on Sunday by Sally Webster

Funding for talk therapy is drying up just as increasing numbers of New Zealanders are feeling comfortable talking about their problems.
The country's biggest income protection insurer, Sovereign, says claims for depression have reached a crippling 40 per cent and the cost of counsellors it sends clients to "out of the goodness of our hearts" can't be sustained. It will recommend more clients do exercise and take medication.
Government departments have also reduced the counselling services they have offered for years. Free relationship counselling services offered by the Family Court are about to be axed; the Ministry of Social Development is tightening up on the extensive counselling it offers the mentally ill on the disability allowance; and ACC is doing a major review of how it handles those who come to it with sexual abuse and assault trauma. The ceiling on therapy sessions may be cut from 16 to as low as four.
Some of the cutbacks, particularly Sovereign's, have alarmed the Association of Psychotherapists' chair of public issues, Kyle MacDonald. He says they are being done simply to save money.
"We are up against the massively funded model of the drug companies who convince people that medication is the best treatment, despite evidence to the contrary for mild to moderate depression."
Sovereign's chief medical officer, John Mayhew, says it has decided that where antidepressants have been proven to work well, it is "efficacious" for them to be used.
"In the past we've had, say, a 50-year-old stockbroker with an income protection product who's become severely depressed.
"The first thing we'd do is get him seen by a psychiatrist, get a diagnosis and then start treatment. That might be a mixture of psychotherapy, medication and an exercise programme. But now we've decided a talk therapist isn't necessary for everyone.
"A guy whose wife has just left him might be depressed and struggling to cope but it doesn't mean he necessarily has to see a counsellor.
"Anti-depressants like SSRIs (selective serotonin re-uptake inhibitors) are proven to work."
The Ministry of Justice is gutting its free relationship counselling. The Court Proceedings Reform Bill before Parliament will kill off the remaining three hours' free relationship counselling for couples. That was halved from six in 2012.
Justice Minister Judith Collins says the ministry has no idea of the outcomes of counselling sessions. These will be replaced with six separation mediation sessions, free to 60 per cent of users who fall under the civil legal aid threshold. Those above it will pay about $780 + GST a couple, or $390 a person.
The squeeze on therapy has angered comedian and Nutters Club founder Mike King, who has had well-documented battles with addiction and mental illness.
"The reason I had talk therapy was because I was overwhelmed with suicidal thoughts.
"As much as the whole therapy thing went against everything I stood for, I was faced with death as the only option - I had to try it for my family's sake.
"I can say from experience that talk therapy absolutely works. But few people can afford it.
"We don't need less talk therapy. We need to be working with the Government and insurance companies to find ways for more people to get affordable or free therapy."
MacDonald of the psychotherapists association says that at its most basic, the choice is coming down to the cost of a pill versus $120-plus for a session of talk therapy.
"People are given medication as the frontline treatment - usually SSRIs - after just 15 minutes of consultation," MacDonald says.
"It is often not an effective form of treatment but people are getting this as the only option.
"We must find the reasons people are depressed and this is what therapy is for, otherwise it is likely to recur."

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Privacy the year's big trivial story

An article from the New Zealand Herald by John Roughan

ACC data leak turned out to contain nothing personal.
Among the Christmas cards I get at work there is always one from the Privacy Commissioner, Marie Shroff. Invariably it contains a good visual gag. This year's features a Slane cartoon of a boy stuck with his head and upper body in a Dutch dyke and a passer-by explains to another, "The leak was worse than first thought".
I hope the irony was intended, because it's time to acknowledge that the biggest leak of the year, the one that the news kept calling a "massive privacy breach" which the commissioner had to investigate, turned out not to be very big at all.
It sounded serious when it was first reported that the personal details of thousands of ACC claimants had been accidentally emailed to one unnamed claimant.Among them were said to be victims of sexual offences.
Then someone on the side of ACC leaked back, naming the recipient and letting it be known she had turned up with a supporter, none other than National insider Michelle Boag, for a meeting where it was pointedly mentioned to her claim handlers that she was holding information she shouldn't have.
After that, the story took off in all directions, not all of them connected to the email accident. Nick Smith had to resign, there was palace intrigue over who leaked a memo from Boag to ACC minister, Judith Collins, who sued two MPs for suggesting it was her.
Grimly, she replaced ACC's chairman, deputy chairman, four board members and the chief executive.
Meanwhile, Labour and the Greens made a sustained attack on ACC's "culture", not just its carelessness with email but its determination to check all claims rigorously and get the injured back to work quickly. The story took on so many dimensions and ran for so long that the Privacy Commissioner's investigation of the original data leak became little more than a footnote.
But there was nothing minimal about her investigation. She appointed an independent review team of KPMG business consultants and a Melbourne company, Information Integrity Solutions Ltd, who together really went to town. From April to August they travelled the country, conducting by their own account more than 150 interviews at ACC's head office, its sensitive claims unit, six branch offices and two service centres.
They went far beyond "client facing" staff to talk to the myriad sections of the corporation that have to see claimants' confidential information: researchers, lawyers, risk assessors, injury prevention officers, assurance services, business intelligence, actuarial people, plus the complaints investigation team.
They talked to "external stakeholders": claimants, their advocates and associates, holding a workshop with some of them. They performed "walk-throughs" of the corporation's email handling habits, compared its information security practices with those of some other organisations, and much, much more.
By the time they presented the Privacy Commissioner with their report, the country was sick of the subject and hardly anybody read it.
It ran to 102 pages. You had to read to page 99 to discover exactly what sort of confidential client information had escaped.
But finally, in the fifth appendix, there it was: a sample of the fabled spreadsheet of "personal" data. It consisted of four tables listing claimants' names (removed for the report), their claim numbers, review numbers, branch, lodgement dates, issue codes, decision dates and the like.
That was it. That is all there was.
There was nothing that could be of the slightest use or interest to anyone outside ACC. No personal details alongside the names, no injury information, nothing.
That is what all the fuss had been about.
The thing that disappointed me was that so many people had known all along that the "massive privacy breach" amounted to nothing more than this. Investigative reporters, the Privacy Commissioner, her Independent Review Team, all would have discovered the contents of the spreadsheet very quickly.
None blew the whistle. No reports that I saw looked critically at the facts at the heart of a story that kept on growing and giving. The Privacy Commissioner did not say something to restore a sense of proportion. The review team, no doubt well paid, went about its investigation as though there was a serious problem.
An accident had happened. An ACC rehabilitation officer had a monthly sheet of case reviews on his screen when he decided to respond to an email. He dragged the data aside, clicked a wrong button and unwittingly attached it to the return email.
Computers are a minefield for privacy. Accidents will happen, despite all the procedures the commissioner's expert team has laid down. It happened to Social Welfare kiosks a short time later. If the data is as indecipherable as that ACC released, it won't matter in the slightest. It was the trivial story of the year.

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ACC backs down on privacy initiative

An article from the New Zealand Herald by Adam Bennett

The ACC has partially backed down on a new privacy initiative adopted in the wake of the Bronwyn Pullar affair but which was criticised as costly and inconvenient for clients.
However the corporation has only relaxed the new rules intended to protect privacy for sensitive claimants - those who have suffered rape or sexual abuse, whose privacy is supposed to be a priority for the corporation.
The recent review of ACC's privacy practices was launched following the Bronwyn Pullar privacy breach and prompted a new policy where claimants were required to collect sensitive documents from ACC offices rather than having them couriered to them.
But claimants such as Napier woman Jacqui Scott said the new policy meant it was now costly to access information held by ACC about her.
"For me, I'm disabled, and live in Napier. It means I have to pay for a taxi over to the Hastings office every time I request documents and need to collect them" she told Hawkes Bay Today recently.
"I'm looking at about $40 to $50 each way, and it could end up costing me about $100 every time."
Clients can choose to receive the information in the form of an encrypted CD couriered to them but that has also been criticised as expensive for those who want hard copies or impractical for those lacking computer skills.
ACC told Hawkes Bay Today the policy was "not a cost-cutting exercise, but a proactive step we've taken to improve the security and protection of client information".
"These changes have been introduced with our clients' best interests in mind, because they reduce the risk of a client's hard copy file ending up in the wrong hands."
But just a few weeks after the new policy was introduced, the Herald this week obtained a recent letter from an ACC manager to a sensitive claimant in which the manager says corporation's Sensitive Claims Unit had sought "further advice from senior management".
"It has been confirmed that ACC are now able to send copy files for sensitive claim clients only, directly to their home address."
A sensitive ACC claimant who did not wish to be named said the new privacy policy and partial back down was "another example of ACC being consistently inconsistent".
"They are making kneejerk reactions without even considering one iota of what claimants require or request or need."
The claimant said the policy requiring claimants collect documents didn't take into account the needs of clients.
"For myself it's a 180km round trip."
The claimant said ACC "should be asking each client which is their preferred method of delivery, simple end of story".
A spokeswoman for ACC said the corporation had opted to continue couriering files to sensitive claims clients, "with special measures taken in the couriering".
That included a stringent "track and trace" process and courier follow up.
ACC would also only courier to a verified client's home address, she said.

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ACC culture must be more fair and open

An editorial from the New Zealand Herald

The need for a culture change at the Accident Compensation Corporation has prompted the departure of the chairman, two board members, the chief executive and several officials. With the decks cleared, much of the responsibility for turning the ship around will lie with the board appointees announced by the ACC Minister, Judith Collins, this week. Unsurprisingly, the interim chairwoman, Paula Rebstock, will reprise her fix-it role at the table's head for the next three years. Other new appointments see Trevor Janes in the deputy chairman's chair and Professor Des Gorman and Kirsty McDonald, QC, on the board.
Ms Collins says these choices "underline the Government's commitment to genuine culture change, and will lead to a more balanced and comprehensive approach to the governance and operation of ACC". It is on that basis that the appointments will be scrutinised. Labour's ACC spokesman, Andrew Little, was quick to talk of "a sharp lurch to the right" and to zero in on Professor Gorman. The professor, head of the Auckland School of Medicine, had, he said, been a senior medical adviser to the ACC for many years, and "given some of the most retrograde advice on claimants' files I've known".
He said the professor had been the subject of many complaints over his advice about occupational overuse syndrome in the 1990s.
That raises questions about the precise nature of the culture that will be implanted at the ACC. The first priority, in the wake of the privacy breach which saw details of 6700 ACC claimants emailed to Bronwyn Pullar, is no longer said to be cost containment. Rather, it is trust and confidence. But the criticism of Professor Gorman over OOS advice has had a recent echo in the stricter enforcement of the ACC's policy of declining to pay for surgery for "pre-existing conditions". To save money, the ACC seized on age-related degeneration of claimants' bodies to unjustifiably reject their claims for surgery after an injury.
On appeal, too many rejections of such claims were reversed. Understandably, this led to accusations that the ACC was too hard-nosed. The corporation, after an internal review, conceded as much, yet comments this year by the previous chairman, John Judge, suggested nothing much had changed. The ACC was still not getting the balance right in its decision-making.
An early task for Ms Rebstock must, therefore, be to respond to the criticism of Professor Gorman's appointment and to spell out exactly what it signifies. When the stricter policy for pre-existing conditions was introduced, there was no public notification of why it was necessary or how it would be applied. That lack of transparency is not sustainable. More broadly, the new culture must include a clear explanation of exactly where the ACC is headed under the new board.
The corporation should be involving claimants' surgeons more in its decision-making and applying extra expertise where necessary. It should also be explaining the reasons for its decisions more clearly to people. The "almost cavalier" attitude identified by official inquiries into the Pullar case cannot continue. But the changes to the way the ACC approaches its job, notably in keeping costs under control, should be kept in proportion. There can, for example, be no question of unworthy claims for surgery being approved with few questions asked.
The lessons of the Pullar case are that the ACC must be more sensitive, fair and open in its dealings with people. That culture change will not have to be as drastic as that needed at the top level to achieve it.

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ACC privacy report may lead to wider overhaul

An article from the New Zealand Herald by Adam Bennett

All government agencies' handling of private data may be reviewed after an independent inquiry into the ACC privacy breach found it could have happened in any department.
The report by former Australian Privacy Commissioner Malcolm Crompton and accountancy firm KPMG examined what led to a spreadsheet containing details about 6748 clients being emailed to claimant and former National Party insider Bronwyn Pullar last year, and ACC's response when it learned of the breach in December.
It concluded that the breach, which was disclosed to the public, senior management and ACC Minister Judith Collins only when Ms Pullar went to the media with the information in March, was down to "a genuine human error".
However, "such an error was more likely to occur because of systemic weaknesses within ACC's culture, systems and processes".
The report also found ACC's subsequent response process could have been better "if appropriate policies, practices, escalation protocols and the right culture were in place".
It made a series of recommendations to improve privacy handling at the corporation.
Acting ACC chairwoman Paula Rebstock said the corporation would be implementing the review's recommendations in full.
Speaking to reporters, Mr Crompton said Ms Pullar had done the public "a service by making sure that we pay attention to the proper governance of personal information".
"Most organisations should be taking great note of the fact that it could have been them."
State Services Commissioner Ian Rennie said the report was "a dramatic reminder of the need for all government agencies to treat private information with the utmost care and respect".
"To this end, I am considering that state sector chief executives review their systems for handling private information. Any stocktake would initially be targeted on areas of greatest potential risk."
But Labour's ACC spokesman, Andrew Little, said he did not believe Mr Crompton's claim it was bad luck that the breach occurred at ACC rather than another department.
"There is nowhere else in the Government where there has been the apparent sloppiness in the approach to managing that information as at ACC."
Mr Little said the National Government on coming to power had painted a picture of an organisation in financial crisis that therefore needed to focus on cutting costs.
"That is at least one explanation for the more cavalier attitude towards claimants, their issues and their privacy. I don't think the Government can disown responsibility for it having got to this point."
Privacy Commissioner Marie Shroff, who commissioned yesterday's report, said it appeared ACC staff had been under pressure and "a failure in systems processes and perhaps leadership has led to them developing a somewhat cavalier attitude towards people's information and that needs to change".
Mr Little called for Ms Collins to be replaced as ACC Minister to allow the culture change required. Ms Collins dismissed that call, and Mr Little, as "silly".
A report by Auditor-General Lyn Provost into whether Ms Pullar gained any advantage in the way her claim was treated because of her connections with former board member John McCliskie, which was also released yesterday, found no evidence that was the case.
But the report did raise concerns Mr McCliskie and then-chairman John Judge failed to recognise wider allegations of illegality and fraud at the corporation brought to their attention by Ms Pullar late last year.

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ACC faces new privacy breach claim

An article from the New Zealand Herald by Adam Bennett

The Accident Compensation Corporation is investigating another potential privacy breach which may be similar to the gaffe that saw details of thousands of claimants sent to Bronwyn Pullar last year.
This week, a member of the online ACC claimants' discussion group ACCforum posted that they had requested their "IT Sweep" - a record of which ACC staff had accessed their electronic file. However, with that information they also received "a list of names regarding review dates and reason for review and claim numbers".
After the post generated a strong response from other members, the claimant offered an assurance they would not share the data with anyone else and were now being advised by a lawyer.
Almost a year ago, ACC claimant and former National Party insider Bronwyn Pullar was mistakenly sent a file containing information about thousands of other claimants whose cases had been reviewed in the previous year. ACC plunged into a far-reaching scandal after Ms Pullar went to the media with the file this year.
Yesterday, ACC's privacy officer, Miriama Alexander, responded to the ACCforum post. "If you've received information not about you, ACC needs to recover the information so we can contact the clients whose information has been released. We'll also advise the Office of the Privacy Commissioner of any breach," she wrote.
Last night, an ACC spokeswoman confirmed the corporation was investigating the potential breach, but had been unable to identify the claimant.
Since the Pullar affair came to light in March, ACC has been hit by a string of further privacy breaches. Last month, the Herald reported that a former Auckland builder was sent a document about a Te Atatu brain injury victim among papers about his own case.

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Ex-chair's moves slow ACC probe, says Collins

An article from the New Zealand Herald by Adam Bennett

Investigations into the source of a crucial leak of information about the Bronwyn Pullar ACC scandal have been hampered by the corporation's former chairman, John Judge, replacing or wiping his computers, according to ACC Minister Judith Collins.
But Ms Collins says she has no evidence that Mr Judge leaked the email, and Mr Judge yesterday stood by his earlier denials that he was the source of the leak.
Privacy Commissioner Marie Shroff in late March began an investigation into how the email identifying Ms Pullar as the Accident Compensation Corporation claimant at the centre of a privacy scandal at the ACC was leaked to the Herald on Sunday. The email Ms Collins received from former National Party president Michelle Boag helped to end her colleague Nick Smith's ministerial career.
Ms Boag, as well as all recipients of the email - including Ms Collins, ACC chief executive Ralph Stewart and Mr Judge - have denied leaking the email.
But Ms Collins told the Herald last night that the email from Ms Boag was forwarded to Mr Judge's personal and only email account. She had been advised by ACC that Mr Judge had his home computer replaced some time in April, and his old one "is no longer able to be accessed".
"In addition, I've now been advised that Mr Judge was given an iPad from ACC ... and that iPad was wiped clean by Mr Judge's computer expert before it was returned to ACC in June."
Ms Collins told the Herald: "I am aware now that that is an issue around being able to access the forensic data which would normally be on the computer."
Ms Collins said she could make no further comment because the matter was still subject to the Privacy Commissioner's inquiry.
Mr Judge was unavailable to respond to Ms Collins comments last night but earlier yesterday said he did "absolutely not" leak the email.
The email was among documents submitted by ACC to police to support a complaint it made against Ms Pullar. ACC alleged that at a December meeting she and Ms Boag attempted to strike a deal to exchange the private information of thousands of other ACC claimants mistakenly emailed to Ms Pullar in return for a guaranteed benefit for her.
But in early June police said they would not lay charges against Ms Pullar. A few days later Ms Collins effectively forced Mr Judge and two other board members out of their jobs.
Mr Stewart announced his resignation shortly after although he is expected to remain in his job until the end of the year.

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ACC making little progress on sensitive claims - report

An article from the New Zealand Herald by Kate Shuttleworth

An independent report of ACC's handling of sensitive claims has found the corporation has made little progress on implementing recommendations made by an independent panel in 2010.
The sensitive claims unit takes claims from victims of sexual or violent assault. The recommendations cover a wide range of actions, including improving communication with clients, working closely with the sector representatives to refine ACC's systems and processes, and examining ways to ensure treatment and assessment is carried out by a well-qualified, fit-for-purpose workforce.
The report - compiled for ACC's board by Dr Barbara Disley - found the corporation made progress with one recommendation made in 2010, but only average progress in six recommendations and minimal or "limited" progress in another six.
Poor progress was made on establishing a working party involving professional groups to examine the credentials of professionals treating and assessing victims of sexual abuse or violent assault.
The independent report did not mention the privacy breach where ACC last year emailed the details of 6748 clients - including nearly 250 claimants who were victims of sexual or violent assault - to Bronwyn Pullar. The corporation sent a four-page letter of apology to the sensitive claims clients, offering them $250 compensation for the breach.
The report found ACC's most far reaching change had been the introduction of 16 immediate counselling support sessions for sensitive claimants.
The report found a striking number of claims made to ACC this year were put on hold - to date 1026 claims were on hold, 250 had been declined and only 49 had been accepted.
Dr Disley sought in-depth input from ACC to compile the report, which was also informed by an online survey of clients and service providers, interviews with service providers and representatives of professional bodies, feedback from Child Youth and Family.
"There's still work to be done in some areas, and my report contains recommendation on how ACC can continue to make progress towards fully implementing the original recommendations made by the independent review panel."

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ACC change must not go too far

An editorial from the New Zealand Herald

Changing the "culture" of an organisation is a subtle exercise, requiring care to see that it does not go too far. The Minister in charge of the Accident Compensation Corporation, Judith Collins, has taken drastic steps to change its culture since the Bronwyn Pullar business. The previous chairman, chief executive, two board members and several officials have departed. Now it has been given new orders: improving "trust and confidence" has replaced "cost containment" as the first priority.
The minister had been under pressure to go much further and change the corporation's primary aim of rehabilitation. Labour and the Greens have criticised staff incentives to get patients back to work as soon as possible. They call it "depriving people of their entitlements". Inevitably, they believe, some people will be driven back to work too soon. It should be remembered that nothing in the Pullar case supported that suspicion. She was aggrieved that the corporation would not provide her with an income but gave the public no evidence to strengthen her claim. Her disclosures concerned other cases accidentally "leaked" to her in an email from ACC.
That privacy breach turned out not to be as serious as she had led the country to believe. The "patient details" were no more than names, a case number that could identify the nature of each name's claim, and an indication of the outcome of a review of their claim.
The Privacy Commissioner has told patients it was mostly inoffensive information at the lower end of seriousness. The corporation has offered them consolation payments of something less than $500. The sum seems proportionate to the offence.
It is much harder to restore a sense of proportion to criticism of ACC's culture. The attitude expressed in messages between ACC staff, which Ms Pullar had also obtained, was as telling as the tape of the meeting in which her supporter, Michelle Boag, mentioned the leak to ACC officers.
The careless language and loose accusations in ACC's internal exchanges were probably the reason the minister took drastic action. It was an insight into a culture that has been been too hard on some categories of claim, especially those requiring surgery, as Herald investigations had found. Too many rejections of those claims have been reversed on appeal.
But it would be too easy to replace that culture with one at the other extreme. ACC cannot be an automatic entitlement with no questions asked. It is an unusual system, copied by no other country, in its uncritical attitude to the cause of injury. "No-fault" compensation may be a good way to save lawyers' fees but the same unquestioning principle could not be applied to medical assessments. When ACC seeks a second opinion, though, its medical officers must not influence it as they clearly tried to do in the Pullar case.
ACC is funded by employers, motorists and taxpayers as insurance against sudden disability. It offers cover that ordinary commercial insurance provides elsewhere. Since New Zealand has to be competitive it is vital that ACC's costs are not out of line with workplace insurance in other places. It has to ensure it is paying out only for genuine injuries and for loss of income only for as long as the claimant is genuinely unable to work.
Ms Pullar reportedly received $1 million from a private company for the injury for which she also sought ACC support. Since private insurance can set its own premiums, within the bounds of competition, it can afford to be more lenient. As a public insurer, ACC has to be rigorous.
But it should also be sensitive, fair, considerate and dignified in its dealings with people and its discussions about them.
That is as far as the culture change need go.

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