Question to Minister: ACC - pre-existing and/or degenerative conditions

Hon Jim Anderton (Leader - Progressive) to the Minister for ACC: Does he have any concerns about the way ACC in general and claims general manager Denise Cosgrove in particular is interpreting ACC legislation regarding personal injury claims, which are being declined on the basis of degeneration or pre-existing conditions?
Hon Tony Ryall (Acting Minister for ACC) : No, I have no concerns about any individual Accident Compensation Corporation employees. However, I have stated my concern as to the number of complaints I receive from members of Parliament and the public, and I have given ACC very clear instructions that where elective surgery is required as a consequence of accidents, it needs to fairly meet those legislative obligations. ACC has commenced an internal review of the decision-making process. This review will include consultation with key external stakeholders and is expected to conclude in March next year.
Hon Jim Anderton: Will claims by specialist orthopaedic surgeons that ACC uses a group of retired or general surgeons to decline claims on the basis of pre-existing conditions or degeneration, based on X-ray or scan results only and without ever seeing the patient, be part of the ACC review process?
Hon Tony Ryall: I am not able to give that detail to the member, other than to say, of course, that often clinical judgment is involved. We have gone from a situation where the amount of elective surgery paid for by ACC rose between 2005 and 2009 from $130 million to $240 million, and clearly the accident rate did not double in that period.
Hon Jim Anderton: Will the fact that the ACC injury claims of young New Zealanders are being eliminated on the grounds of pre-existing conditions and the claims of older New Zealanders on the grounds of degeneration, and the threat this fact poses to the credibility of the accident compensation scheme itself, be part of the ACC review process?
Hon Tony Ryall: I know that part of the ACC review process will be reviewing the various trends. I am able to advise the member that 80 percent of such claims are accepted, and ACC expects to fund over 37,000 elective procedures this year.
Hon Jim Anderton: Will the findings of District Court judge Beattie that ACC is in a significant number of appeal cases quick to seize on degeneration as a reason to refuse claims, his action in quashing ACC’s decision to decline, and his awarding of $2,500 costs against ACC be part of the internal ACC review process?
Hon Tony Ryall: I am sure a number of factors will be taken into account in the ACC review. The fact that between 2005 and 2009 the cost of elective surgery on ACC increased from $130 million to $240 million should also be taken into account; I think the member would accept that there was not a proportionate increase in accidents during that period.
Lynne Pillay: Given that Denise Cosgrove was one of the people who insisted that ACC was correct when for nearly a year it turned down 90 percent of sexual abuse claims, and that the Minister admitted months later that ACC had handled the issue badly, will he say in several months’ time that ACC has handled surgery claims badly as well?
Hon Tony Ryall: That is a hypothetical question. We need to make sure a review tries to understand why in 2005 we paid about $130 million for elective surgery and 5 years later levy payers were paying $240 million for elective surgery, yet the accident rate certainly had not grown by that amount.

http://www.parliament.nz/en-NZ/PB/Business/QOA/8/8/0/49HansQ_20101215_00000011-11-Accident-Compensation-Pre-existing-and.htm

Questions for written answer

36406 (2010). Lynne Pillay to the Minister for ACC: What is the total cost associated with the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to the attached table.
http://www.parliament.nz/en-NZ/PB/Business/QWA/5/0/1/QWA_36406_2010-36406-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

36407 (2010). Lynne Pillay to the Minister for ACC: What is the breakdown of the total cost associated with the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 36406 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/c/f/9/QWA_36407_2010-36407-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

36408 (2010). Lynne Pillay to the Minister for ACC: What are the travel costs associated with the panel members of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 36406 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/3/6/QWA_36408_2010-36408-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

36409 (2010). Lynne Pillay to the Minister for ACC: What are the accommodation costs associated with the panel members of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 36406 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/0/4/c/QWA_36409_2010-36409-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

36410 (2010). Lynne Pillay to the Minister for ACC: Were extra staff or contractors employed by ACC in conjunction with the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: No extra staff or contractors were employed in conjunction with the Independent Clinical Review.
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/5/c/QWA_36410_2010-36410-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Questions for written answer

35630 (2010). Lynne Pillay to the Minister for ACC: Has a monitoring group been appointed to oversee the installation of the Independent Review Panel’s Recommendation for the Sensitive Claims Unit and if so when and who are the members, what payments will be made to them and what are their terms of reference?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 35572 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/9/f/8/QWA_35630_2010-35630-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

35674 (2010). Lynne Pillay to the Minister for ACC: What are the terms of reference for the report that looks “into ACC’s handing of a rape complainant’s case”, as described in the Dominion Post on 11 November 2010?
Hon Dr Nick Smith (Minister for ACC) replied: On 8 November 2010, at the regular meeting between officials, I asked that ACC report to me on the issue reported in that morning’s Dominion Post. A memorandum, prepared by ACC’s Sensitive Claims Unit staff, was provided to me on 12 November 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/d/e/QWA_35674_2010-35674-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Questions for written answer

35572 (2010). Lynne Pillay to the Minister for ACC: Has a monitoring group been appointed to oversee the implementation of the Independent Review Panel’s Recommendation for the Sensitive Claims Unit and if so when and who are the members, what payments will be made to them and what are their terms of reference?
Hon Dr Nick Smith (Minister for ACC) replied: The ACC Board has invited Dr Barbara Disley, Chair of the Independent Review Panel, to monitor the development and implementation of the recommendations in the Panel’s report after six and eighteen months. The terms of reference are currently being drafted and payment arrangements negotiated.
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/8/8/QWA_35572_2010-35572-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

35388 (2010). Lynne Pillay to the Minister for ACC: How many ACC approved psychiatrists are currently being paid in relation to Sensitive Claims Unit claims - by headcount and/or full time equivalent and is there any change in this number since 8 July; if so, by how many?
Hon Dr Nick Smith (Minister for ACC) replied: In October 2010, ACC paid 47 providers under the Psychiatrist contract for Sensitive Claims. This is compared to June 2010, when ACC paid 49 providers under the Psychiatrist contract for Sensitive Claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/d/e/QWA_35388_2010-35388-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

35389 (2010). Lynne Pillay to the Minister for ACC: Has the Minister or his Officials met with any of the oral submitters to the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims since 6 September 2010: if so, who, broken down by submitter’s name and date?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 25231 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/f/c/QWA_35389_2010-35389-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Questions for written answer

34755 (2010). Lynne Pillay 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 region for November 2009 as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to the attached table which shows all new sensitive claims lodged with ACC from November 2009 to October 2010, by region of injury, and the claim's current decision status. Please note that some numbers have changed since the last time this information was reported. This is due to claims being re-classified and either added to or removed from, the sensitive claims pool.
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/4/9/QWA_34755_2010-34755-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34756 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers for the how many Sensitive Claims were lodged, and how many did ACC approve and decline in November and December 2009 and January and February 2010, by region as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 34755 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/a/f/QWA_34756_2010-34756-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34757 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers for the how many Sensitive Claims were lodged, and how many did ACC approve and decline in March, April and May 2010, by region as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34756 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/9/2/1/QWA_34757_2010-34757-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34758 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for May 2010 as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34756 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/9/2/QWA_34758_2010-34758-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34759 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for April 2010 as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34756 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/e/5/c/QWA_34759_2010-34759-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34760 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for March 2010 as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34756 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/d/4/QWA_34760_2010-34760-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34761 (2010). Lynne Pillay to the Minister for ACC: What are the numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for June 2010 as at 29 October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34756 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/c/5/QWA_34761_2010-34761-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34762 (2010). Lynne Pillay to the Minister for ACC: How many letters, if any, has the Minister received raising concerns about Sensitive Claims pathway and/or the Sensitive Claims Unit, since 22 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I have received 8 letters about the Sensitive Claims pathway and/or the Sensitive Claims Unit, since 22 July 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/0/7/4/QWA_34762_2010-34762-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34763 (2010). Lynne Pillay to the Minister for ACC: How many emails has the Minister received raising concerns about Sensitive Claims pathway and/or the Sensitive Claims Unit, if any, since 22 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I have received approximately 14 emails about Sensitive Claims pathway and/or the Sensitive Claims Unit since 22 July 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/4/7/QWA_34763_2010-34763-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34764 (2010). Lynne Pillay to the Minister for ACC: What correspondence, if any, has the Minister received raising concerns about Sensitive Claims pathway and/or the Sensitive Claims Unit, since 22 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: To answer this question would require substantial work. If the member requires specific information I would be happy to provide it.
http://www.parliament.nz/en-NZ/PB/Business/QWA/2/2/2/QWA_34764_2010-34764-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34765 (2010). Lynne Pillay to the Minister for ACC: What briefings have the Minister received in regard to the Sensitive Claims pathway and/or the Sensitive Claims Unit, by date and title, since 22 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: There are other more appropriate avenues for the Member to pursue this information.
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/f/0/QWA_34765_2010-34765-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34766 (2010). Lynne Pillay to the Minister for ACC: What meetings has the Minister had regarding to the Sensitive Claims pathway and/or the Sensitive Claims Unit since 22 July 2010, by date?
Hon Dr Nick Smith (Minister for ACC) replied: I frequently meet with officials to discuss ACC-related issues including issues related to Sensitive Claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/4/6/QWA_34766_2010-34766-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34767 (2010). Lynne Pillay to the Minister for ACC: What papers, if any, has the Minister taken to Cabinet in regard to the Sensitive Claims pathway and/or the Sensitive Claims Unit since 22 July 2010, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: Since 22 July 2010 I have not taken any papers to Cabinet regarding Sensitive Claims pathway and/or the Sensitive Claims Unit.
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/3/9/QWA_34767_2010-34767-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34768 (2010). Lynne Pillay to the Minister for ACC: What, if any, oral reports relating to Sensitive Claims and/or the Sensitive Claims Pathway has he received since 22 July 2010, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: I frequently receive oral reports relating to ACC-related issues including issues related to Sensitive Claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/e/7/5/QWA_34768_2010-34768-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34769 (2010). Lynne Pillay to the Minister for ACC: What, if any, written reports relating to Sensitive Claims and/or the Sensitive Claims Pathway has he received since 22 July 2010, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: There are other more appropriate avenues for the Member to pursue this information.
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/6/7/QWA_34769_2010-34769-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34770 (2010). Lynne Pillay 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 22 July 2010, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: Since 22 July 2010 I have not taken any papers to Cabinet on Sensitive Claims and/or the Sensitive Claims Unit.
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/5/2/QWA_34770_2010-34770-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34771 (2010). Lynne Pillay to the Minister for ACC: What committees, taskforces, or other work groups, if any, has he or his officials established since 22 July 2010, relating to Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: Since the announcement of the 16 hours of support sessions on 16 August 2010, and the subsequent release of the Independent Panel’s report, ACC has been actively working with the Sensitive Claims Advisory Group (SCAG) to address the issues and concerns raised in the report and to ensure the implementation of the recommendations. As a result, three priority areas of focus have been agreed:
• Work on the development of approaches to Maori, children and adolescents,
• Work on alterations to DSM IV; and
• Work on improving counsellor capability and capacity.
Sub-committees of SCAG have been established and work is underway on these priority areas. In addition, ACC has met with representatives from relevant Government agencies to progress the recommendations in the report. These agencies include: Ministry of Justice, Ministry of Social Development, Child Youth and Family, Ministry of Health and Ministry of Women’s Affairs.
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/0/0/QWA_34771_2010-34771-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34772 (2010). Lynne Pillay to the Minister for ACC: What, if any, meetings did the Minister have with lobby groups since 22 July 2010, by date and group relating to Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: It is difficult to define "lobby groups". I have been approached by a number of people with an interest in sensitive claims since I was appointed Minister, but I have not kept a record of the date of these. The only formal meetings I have had have been with the Independent Review Group.
http://www.parliament.nz/en-NZ/PB/Business/QWA/9/0/6/QWA_34772_2010-34772-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34773 (2010). Lynne Pillay to the Minister for ACC: How many, if any, casual staff have been employed by ACC in the Sensitive Claims Unit since 22 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: No casual staff are employed by ACC in the Sensitive Claims Unit. However, ACC has employed six temporary workers since 22 July 2010. Three finished employment in September 2010, one will finish in November 2010, and the last two will finish in December 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/0/c/QWA_34773_2010-34773-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34774 (2010). Lynne Pillay to the Minister for ACC: What is the cost of all contractors hired by ACC’s Sensitive Claims Unit, per week, as broken down by individual contractor since 8 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to the attached table. A contractor is defined as a person employed on a contract for services basis, in that they provide services to an employer but are not employees: they are self-employed or employed by a third party.
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/d/c/QWA_34774_2010-34774-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34775 (2010). Lynne Pillay 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 in relation to the Sensitive Claims Unit since 22 July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: The advice I have received on sensitive claims has not been in the context of the economic downturn but has been focused on best clinical practice.
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/a/0/QWA_34775_2010-34775-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34786 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers for how many cases of sexual abuse reported in 2008, by region and gender, have received support from the Sensitive Claims Unit?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the member to my answer to Parliamentary Question for Written Answer 8420 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/3/a/QWA_34786_2010-34786-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34787 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers for how many cases of sexual abuse reported in 2009, by region and gender, have received support from the Sensitive Claims Unit?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the member to my answer to Parliamentary Question for Written Answer 8420 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/6/c/QWA_34787_2010-34787-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34788 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers for how many cases of sexual abuse reported in 2010, by region and gender, have received support from the Sensitive Claims Unit?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the member to my answer to Parliamentary Question for Written Answer 8420 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/a/2/1/QWA_34788_2010-34788-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34789 (2010). Lynne Pillay to the Minister for ACC: To date for 2010 what is the average payout by the Sensitive Claims Unit, my month and region?
Hon Dr Nick Smith (Minister for ACC) replied: For the purpose of this question, ACC has defined a payout as being the average total expenditure per month per sensitive claim which received payment in the month. This figure covers all payments for a claim, such as medical fees, counselling, weekly compensation, lump sums and independence allowances. The table attached shows the average amount spent on a sensitive claim in each month in 2010 as at 30 October 2010 (excluding those claims for which no payments were made). This information is for all sensitive claims regardless of when the claim was lodged. It also includes payments made for declined claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/8/a/QWA_34789_2010-34789-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34790 (2010). Lynne Pillay to the Minister for ACC: Has the Minister discussed the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims with any of his Ministerial colleagues since 6 September 2010, if so who and on what dates?
Hon Dr Nick Smith (Minister for ACC) replied: I discuss many different ACC-related issues with my Ministerial colleagues including issues relating to sensitive claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/8/7/QWA_34790_2010-34790-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34791 (2010). Lynne Pillay to the Minister for ACC: Has the Minister discussed the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims with any of his parliamentary colleagues since 6 September 2010, if so who and on what dates?
Hon Dr Nick Smith (Minister for ACC) replied: I discuss many different ACC-related issues with my Parliamentary colleagues including issues relating to sensitive claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/4/d/QWA_34791_2010-34791-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34792 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for March 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 34755 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/0/a/a/QWA_34792_2010-34792-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34793 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers, as at 29 October 2010, of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for April 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/9/e/QWA_34793_2010-34793-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34794 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers, as at 29 October 2010, of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for May 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/a/c/QWA_34794_2010-34794-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34795 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers, as at 29 October 2010, of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for June 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/c/a/c/QWA_34795_2010-34795-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34796 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/0/1/QWA_34796_2010-34796-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34797 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers, as at 29 October 2010, for the how many Sensitive Claims were lodged, and how many did ACC approve and decline in March, April and May 2010, by region?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/c/3/a/QWA_34797_2010-34797-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34798 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers, as at 29 October 2010, for the Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for November 2009
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/a/0/QWA_34798_2010-34798-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34799 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers, as at 29 October 2010, for the how many Sensitive Claims were lodged, and how many did ACC approve and decline in November and December 2009 and January and February 2010, by region?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/a/5/9/QWA_34799_2010-34799-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34800 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for November 2009?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/d/4/QWA_34800_2010-34800-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34801 (2010). Lynne Pillay to the Minister for ACC: What are the numbers of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for August, September and October 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/5/5/7/QWA_34801_2010-34801-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34802 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for March 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/0/9/QWA_34802_2010-34802-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34803 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for April 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/b/a/b/QWA_34803_2010-34803-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34804 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for May 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/a/d/5/QWA_34804_2010-34804-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34805 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of how many sensitive claims were lodged, and how many did ACC approve and decline in March, April and May 2010, by region?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/3/6/QWA_34805_2010-34805-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

34806 (2010). Lynne Pillay to the Minister for ACC: What are the numbers, as at 29 October 2010, of how many sensitive claims were lodged, and how many did ACC approve and decline in November and December 2009 and January and February 2010, by region?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Question No. 34792 (2010)
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/d/4/QWA_34806_2010-34806-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

ACC Minister continues to fail sexual abuse victims

A press release from the Labour Party

ACC Minister Nick Smith’s continued buck passing on the issue of sexual abuse guidelines introduced under his watch is unacceptable, Labour Victims Rights spokesperson Lynne Pillay says.
“Nick Smith is apparently ‘urging’ ACC to take notice of a review of disastrous sexual abuse guidelines. That statement implies the Minister is not responsible for ACC and the decisions it makes,” Lynne Pillay said. “The Minister is responsible for decisions taken by ACC were taken under his watch, he was warned by health professional that the guidelines would re-victimise those people who had already suffered horribly and yet he continued to institute them.
“Throughout this process the Minister has repeatedly mislead and misinformed the public about his role and what was happening. The Minister’s behaviour is unacceptable and disgraceful.
“The guidelines were clearly introduced as a cost saving measure and to have ACC today come out and say those guidelines which denied thousands of people assistance as having merit is totally inappropriate.
“The National Government introduced guidelines clearly failed the people they were meant to help.
“I have no confidence in the Minister to right this horrific wrong, given both his and ACC’s statements today.
“Announcing that they would work with professionals working in sector into the future shows how badly this situation has been handled.
“The professionals working with those who have suffered sexual abuse, told ACC and the Minister even before the guidelines were introduced that they would lead to thousands of people being denied help.
“Given the Minister and ACC have failed to listen to health professionals again and again what confidence can anyone have that they will finally open the minds and admit they have failed and potentially caused harm to thousands of people,” Lynne Pillay said.

http://www.scoop.co.nz/stories/PA1009/S00172/acc-min-continues-to-fail-sexual-abuse-victims.htm

Opposition MPs critical over ACC issue

A news report on Voxy from NZPA

Opposition MPs have criticised ACC Minister Nick Smith over his response to a report into the corporation's handling of sexual abuse claims, but the report has mainly laid blame with ACC.
Dr Smith initiated a review when concerns were raised about the difficulties victims faced in getting adequate treatment.
Released today, the report set out 14 recommendations, saying it discovered a "precipitous drop" in sensitive claims when it compared the first three months of 2009 with the first three months of this year.
A review panel, headed by Dr Barbara Disley, said ACC had changed the systems it used with too much haste and did not adequately consult relevant government and non-government organisations, or its own Sensitive Claims Advisory Group.
Dr Smith said he acknowledged that managing sensitive claims was challenging, but that he was not satisfied with ACC's handling of the issue. "There are important lessons for ACC to learn from this report.
"As recommended, I will be implementing an independent monitoring group to ensure ACC delivers on the report's recommendations," he said.
ACC said today the changes it made were about targeting services to those covered by its legislation and to improve the outcomes those people achieved. "We still believe those are reasonable goals."
General manager of claims management Denise Cosgrove said the changes were never about saving money -- something that has been suggested by some opposition MPs. "Year on year, our total expenditure in this area has hardly fallen and it is only a tiny part of ACC's total expenditure," she said. "However, it became clear that the changes we had introduced had excluded more people than we expected and, more importantly, there was little else available for them outside of ACC."
Ms Cosgrove said the review panel's report raised serious issues and ACC had already begun responding to them.
Labour Party victims rights spokeswoman Lynne Pillay accused Dr Smith of "buck passing" over the issue. "Nick Smith is apparently 'urging' ACC to take notice of a review of disastrous sexual abuse guidelines. That statement implies the minister is not responsible for ACC and the decisions it makes," she said.
Ms Pillay said guidelines introduced since National came to power were clearly done as a cost saving measure.
Green Party ACC spokesman Kevin Hague said Dr Smith's acknowledgement that problems were caused by changes made by ACC highlighted a need for an independent review of all changes made by ACC since National took office, so as to ensure accident victims were not being re-victimised.
Dr Smith said he was confident there would now be a system in place ensuring that sensitive claimants got the right services at the right time, and that it would be a significant improvement on what previously existed.

http://www.voxy.co.nz/politics/opposition-mps-critical-over-acc-issue/5/62561

Questions for written answer

29295 (2010). Hon David Parker to the Minister for ACC: What is the list of working parties, advisory groups and review bodies, if any, the Minister or ACC have set up since November 2008?
Hon Dr Nick Smith (Minister for ACC) replied: The Government has facilitated the formation of the Ministerial Inquiry into Disclosure of Funding Shortfall in ACC Non-Earners' Account and the Steering Group for the Stocktake of ACC Accounts. I also initiated the Independent Clinical Review into ACC's Clinical Pathway for Sensitive Claims.

http://www.parliament.nz/en-NZ/PB/Business/QWA/1/3/b/QWA_29295_2010-29295-2010-Hon-David-Parker-to-the-Minister-for-ACC.htm

29026 (2010). Lynne Pillay to the Minister for ACC: Which entry in the document tabled on 17 August 2010 "make plain" the work on the clinical pathways began in 2008, prior to the change of Government, as he claimed in the House on 17 August 2010?
Hon Dr Nick Smith (Minister for ACC) replied: The entries dating 2008 and preceeding it that show significant workstreams were under way prior to the change of Government on changing the way sensitive claims were managed by ACC.

http://www.parliament.nz/en-NZ/PB/Business/QWA/f/e/8/QWA_29026_2010-29026-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Question for written answer

26941 (2010). Lynne Pillay to the Minister for ACC: Does he have any evidence to support the statement he made in the House on 17 August 2010 that half of the claimants were turned down under Labour because he tabled a document on 27 October 2009 that said the decline rate was 40.5% in 2008?
Hon Dr Nick Smith (Minister for ACC) replied: The decline rate for sensitive claims for the last full year in 2008 was 40.5%, up from 32.7% the previous year, and from 6% when Labour became Government. The decline rate by November 2008 at the time of the change of Government was approximately half.

http://www.parliament.nz/en-NZ/PB/Business/QWA/3/4/e/QWA_26941_2010-26941-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Question for written answer

26479 (2010). Lynne Pillay to the Minister for ACC: Will ACC be contacting those people declined cover under the new clinical pathway introduced on 27 October 2009 to offer them 16 hours of counselling as per the media statement of 11 August 2010?
Hon Dr Nick Smith (Minister for ACC) replied: ACC has contacted all clients with a new claim already lodged, but still awaiting a decision, to advise them of the 16 hours of support and how to access them. ACC is still working through a number of details which are yet to be finalised with regard to this support. These details include what support will be available for people whose sensitive claim has previously been declined or reactivated. ACC is working closely with the sector via the Sensitive Claims Group (SCG) to determine an appropriate approach to this issue. ACC next meets with the SCG on 8 September 2010 and the resolution of this issue is a priority item on the agenda for that meeting.
http://www.parliament.nz/en-NZ/PB/Business/QWA/9/9/6/QWA_26479_2010-26479-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Figures worry Labour

A news report from Newstalk ZB

Labour is worried about new research on domestic violence which shows women are often not getting help even when they do speak out.
Auckland University has found 40 percent of women who experience sexual or physical abuse at the hands of a partner do not get help when they ask for it.
Labour's Lynne Pillay says the Government is not doing much to help. She says even after ACC's back-flip on sexual abuse counselling, it is still much harder now for victims to get support.
Ms Pillay says it is lunacy to see prevention measures being dumped and the ambulance at the bottom of the cliff, in the form of counselling, is gone too, so it is effectively a double whammy.

© 2010 The Radio Network Ltd

http://www.newstalkzb.co.nz/newsdetail1.asp?storyID=181381

Questions for written answer

26421 (2010). Lynne Pillay to the Minister for ACC: Has the Minister or his Officials met with any of the written submitters to the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims, if so, who and on what date?
Hon Dr Nick Smith (Minister for ACC) replied: The Clinical Review of the Sensitive Claims Clinical Pathway is an independent process undertaken by an independent panel. Consequently, specific details relating to written submitters are a matter for the review panel.
http://www.parliament.nz/en-NZ/PB/Business/QWA/2/4/1/QWA_26421_2010-26421-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

26432 (2010). Lynne Pillay to the Minister for ACC: Does ACC have any estimates of how many people have not come forward who would have otherwise have come forward to seek sensitive claims support since the new clinical pathway was introduced on 27 Oct 2009?
Hon Dr Nick Smith (Minister for ACC) replied: ACC have no such estimates.
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/2/f/QWA_26432_2010-26432-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Counselling is back on cards for sex abuse victims

An article from the Whakatane Beacon

A Whakatane counsellor says changes to ACC that allow 16 hours of counselling for sexual abuse victims is a desperately-needed improvement – but there is much more to be done.
From Monday this week, people with a new ACC sensitive claim, or with a new claim already in the system awaiting a decision, will be able to access up to 16 hours of counselling to ensure their safety and wellbeing.
Debbie Magee from Insight Counselling Services in Whakatane said there was still some details that needed to be finalised, such as what would happen to people who had been declined for assistance or who had relapsed since leaving counselling. “It’s a lot better than it was but it still needs to go further,” she said. “At least it gives survivors something in the meantime.”
The Government introduced a new sensitive claims “pathway” in October last year, which required people to be diagnosed with a mental illness as a result of sexual abuse in order to receive funding for counselling. The pathway required a doctor’s opinion and assessments from a psychologist or psychiatrist to determine whether a person has suffered a mental injury.
A group of Whakatane counsellors expressed their concerns to Labour MPs in March this year that the new legislation would result in at-risk patients not receiving the help they needed. They were also concerned they would end up providing their services for free, because they couldn’t refuse to help people in need.
The 16 hours of counselling is intended to provide support to survivors of sexual abuse and information gained by counsellors during these sessions would be used within the assessment process.
ACC general manager claims manager Denise Cosgrove said ACC had listened to concerns expressed by several groups that more support was needed but they would still be continuing to develop the sensitive claims process. “We still believe these are reasonable goals but acknowledge that the introduction of the pathway exposed gaps in the services available to people who have suffered sexual abuse,” she said.
Mrs Magee said ultimately she would like to see these people get a minimum 30 hours of counselling sessions, but 16 hours was better than nothing. “It gives us time to work with the person to help them cope better,” she said. “Hopefully it will give some survivors more confidence in coming forward again.” At the very least, it would likely include counsellors in the assessment process again, which was heartening, she said.
Victims rights spokesperson for the Labour party, Lynne Pillay, said this action did not go far enough and the cost cutting exercise should be stopped immediately. “Since National introduced this scheme thousands of sexual abuse survivors have been denied counselling,” Ms Pillay said. “Up to 90 per cent of claims for sexual abuse counselling has either been declined or put into a holding pattern since October last year.”
A Whakatane woman known as Rachel, who has been fighting ACC for compensation and funding for counselling for sexual abuse and whose case is being followed by the Beacon, will be entitled to receive counselling sessions under these changes. However, she said the process was still lengthy and, because ACC would likely be inundated with new claims, the system would be further bogged down.
Her advocate David Wadsworth said providing the preliminary counselling sessions was really just putting a band-aid on a more serious problem, which was ACC processes and the lengthy wait that claimants constantly endured. He said it was taking ACC an extraordinary amount of time to process claims and make decisions on whether or not they would be accepted since this new sensitive pathways legislation was imposed. Rachel, for example, had been in the system for nine months so far, awaiting a decision on her claim, despite her GP recommending she receive prompt and brief intervention to enable her return to work.

© 2010 Whakatane Beacon
http://www.whakatanebeacon.co.nz/cms/news/2010/08/art10007697.php

Question to Minister: ACC

Hon ANNETTE KING (Deputy Leader — Labour) to the Minister for ACC: Does he stand by his statement on Radio New Zealand’s Checkpoint programme of 12 August 2010: “I’m not satisfied that ACC has handled the issue of counselling services for sensitive claims that well. I’m going to await the final report from the independent clinical panel before drawing final conclusions”; if so, why?
Hon Dr NICK SMITH (Minister for ACC): Yes, I do. I have been consistently cautious about interfering in the clinical decisions of the Accident Compensation Corporation (ACC) in this sensitive area. But given the level of concern from colleagues and the public I have established an independent clinical panel to review the corporation’s approach. That panel is doing a very professional and thorough job.
Hon Annette King: Does he now accept that he was warned by clinicians, by survivors, by he National Council of Women, and by 3,976 people who, last October, signed a petition that stated: “By doing nothing and allowing these changes to occur unhindered you are choosing to make recovery from horrific abuse harder for some of the most vulnerable members of this society.”?
Hon Dr NICK SMITH: I draw the member’s attention to the advice from the Royal New Zealand Colleague of General Practitioners, and I quote what it said in November last year: “All the clinical evidence suggests that the new approach ACC is adopting will be in the best interests of the patient”. Given that sort of advice I have been cautious about getting involved in a clinical debate where I am not well qualified, but in response to the concerns of colleagues like Chester Borrows, Jackie Blue, and Nikki Kaye, I have set up an independent clinical panel and I will be ensuring that the advice of that panel is taken by the ACC to ensure that we are providing proper care for people who are sexually abused.
Hon Annette King: Did the ACC advise him that the process to change the clinical framework or clinical pathway was started under a Labour Government as he has claimed many times; if so, when?
Hon Dr NICK SMITH: Yes, that is the advice I have received. There was concern in the research that was commissioned in 2003, at Massey University, by the previous Government. The key element — and I am not an expert on the clinical issues — is that the clinical concern in that research was that unlimited counselling would do more harm than good for sensitive claimants. I am advised by the ACC that the changes in the pathway were begun in 2008.
Michael Woodhouse: What steps has the Minister taken to try to have the issues over sensitive claims addressed as quickly as possible?
Hon Dr NICK SMITH: The independent clinical panel wrote to me on 16 July seeking an extension of time until September to enable it to provide a comprehensive report. My concern was that this delay would put back the addressing of the problems in relation to providing for sensitive and vulnerable claimants. I agreed to the extension until mid-September subject to the panel providing interim recommendations. On receiving those recommendations I immediately wrote to the ACC board seeking their implementation as quickly as possible, which the board has done.
Hon Annette King: In light of the Minister’s answer to my previous question, is he saying that the ACC was not telling the truth when less than 1 month ago, in answer to an official information request, it said: “No work was undertaken on either the clinical framework or the clinical pathway prior to 2009”, and when it also said that the clinical framework was developed by the clinical services directorate in 2009, long after a Labour Government had left?
Hon Dr NICK SMITH: I stand—[Interruption]
Mr SPEAKER: I apologise to the Minister. I believe that the member has asked a serious question, and the member’s colleagues should listen to the answer.
Hon Dr NICK SMITH: I stand by the advice I have been given by the ACC, which is that the work on the clinical pathways began in 2008, prior to the change of Government, as those documents make plain. Labour has tried to politicise this issue, but the changes in sensitive claims have been totally driven by the ACC’s clinicians, not by Ministers. They have not been driven by Cabinet but by clinicians trying to do their very best for sensitive claimants.
Hon Annette King: I seek leave to table a document from the ACC, dated 30 July 2010, that points out that no work was done on the clinical framework or clinical pathway prior to 2009.
Mr SPEAKER: Leave is sought to table that document. Is there any objection? There is no objection. Document, by leave, laid on the Table of the House.
Hon Annette King: I raise a point of order, Mr Speaker. The Minister said that he had quoted from official documents from the ACC. I ask that he table them.
Mr SPEAKER: No, I do not believe that the Minister had an official document in his hand when he was answering that question.
Michael Woodhouse: What were underlying concerns that the ACC had that led to the changes, and has the Minister received any advice on whether those concerns were valid?
Hon Dr NICK SMITH: The concern that the corporation’s clinicians had, backed up by comprehensive research, was that ongoing unlimited counselling of victims of sexual abuse could lead to more harm than good. The clinical panel has confirmed the validity of this research and the need for professional oversight by psychiatrists and psychologists to ensure that long-term counselling is both beneficial and appropriate. I am advised by the clinical panel that where the corporation erred was in requiring such an assessment for all claimants when insufficient professional support was not available, resulting in unacceptable delays in providing care. I am confident that with the support and advice of the independent clinical panel we can improve the support provided for sensitive claimants.
Craig Foss: I raise a point of order, Mr Speaker. During that exchange, and prior to it, the member Darren Hughes questioned whether the Minister was telling the truth, quite a few times. Members cannot do that; all members are honourable. I ask that the member reflect on that and withdraw.
Mr SPEAKER: The member has taken offence, and, strictly, the member should not imply—
Hon Darren Hughes: I was very careful in what I said, Mr Speaker. I—
Mr SPEAKER: The member will not repeat what he said. I heard very clearly what the member said. Another member has taken offence. A member should not imply that another member is not telling the truth. I ask the Hon Darren Hughes to stand, withdraw, and apologise.
Hon Darren Hughes: I withdraw and apologise.
Mr SPEAKER: Lynne Pillay; a supplementary question. [Interruption] I say to the Labour front bench that I have called one of their colleagues. I expect them to show some courtesy to their own colleague.
Lynne Pillay: Will the Minister now require the ACC to identify the estimated 2,000 people who were unable to participate in his Government’s accident compensation process because it was too traumatic; and will he offer them counselling?
Hon Dr NICK SMITH: As of Monday the corporation is offering 16 counselling sessions for those people who seek the services of counsellors. The corporation will work through a final solution when the full report is available from the independent clinical panel. I point out to the members opposite who are interjecting that way in excess of 2,000 accident compensation claimants were turned down for counselling during the time of the previous Government. In fact, when Labour was in Government, half of those who sought counselling were turned down.
Hon Annette King: When the Minister said in the Nelson Mail last week that “Some days I’m in politics and I think, ‘What the hell am I doing?’”, will he now accept that the victims of his bungled policy are asking the same question?
Hon Dr NICK SMITH: It is a pity that the member chooses to selectively quote. The overwhelming point I would make—[Interruption] Well, the comment was made in reference to visiting an oil rig in Tasman Bay, and I am not sure that that is particularly relevant to the issue of sensitive claims. Members opposite have attempted to play politics with this highly sensitive issue. [Interruption] They have—they have played it for all it is worth, when all the papers show that this issue is, in essence, a clinical issue in which neither I as Minister nor the board, for that matter, has made substantive decisions.

http://www.scoop.co.nz/stories/PA1008/S00258/questions-and-answers-17-august-2010.htm

Question for written answer

25231 (2010). Lynne Pillay to the Minister for ACC: Has the Minister or his Officials met with any of the oral submitters to the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims, if so, who and on what date?
Hon Dr Nick Smith (Minister for ACC) replied: The Clinical Review of the Sensitive Claims Clinical Pathway is an independent process undertaken by an independent panel. Consequently, specific details relating to oral submitters are a matter for the review panel.
http://www.parliament.nz/en-NZ/PB/Business/QWA/a/6/b/QWA_25231_2010-25231-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Questions for written answer

25126 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for December 2009?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/a/4/QWA_25126_2010-25126-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25127 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for January 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/9/f/QWA_25127_2010-25127-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25128 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for February 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/5/3/QWA_25128_2010-25128-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25129 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by region for November 2009?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 23084 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/f/5/QWA_25129_2010-25129-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25183 (2010). Lynne Pillay to the Minister for ACC: Will the Minister make the final costs of the Sensitive Claims review panel public, and when?
Hon Dr Nick Smith (Minister for ACC) replied: The final costs of the Sensitive Claims Review will be a matter of public record but I have made no decision about when this information would be released publicly.
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/6/0/QWA_25183_2010-25183-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25184 (2010). Lynne Pillay to the Minister for ACC: How many oral submissions, if any, did the Independent Clinical Review group of the New Treatment Pathway for Sensitive Claims receive, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: I understand that the panel met with 32 organisations and approximately 50 sexual abuse survivors. The panel would need to respond to the questions relating to titles and dates of the submissions.
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/b/0/QWA_25184_2010-25184-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

Questions for written answer

24964 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of sensitive claims that were lodged, and how many did ACC approve and decline in November and December 2009 and January and February 2010, by region ?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to the attached table which shows all new sensitive claims lodged with ACC from 1 November 2009 to 31 July 2010, by region of injury, and the claim's current decision status as at 7 August 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/6/9/QWA_24964_2010-24964-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25065 (2010). Lynne Pillay to the Minister for ACC: When is the Minister expecting to announce the Government’s response to the outcome of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: My decision on when to announce the Government’s response will be made after receiving the Independent Clinical Review’s report, which is due on 10 September 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/2/6/b/QWA_25065_2010-25065-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25066 (2010). Lynne Pillay to the Minister for ACC: Has the Minister discussed the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims with any of his Ministerial colleagues, if so who and on what dates?
Hon Dr Nick Smith (Minister for ACC) replied: I am yet to receive the final report from the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims.
http://www.parliament.nz/en-NZ/PB/Business/QWA/2/6/2/QWA_25066_2010-25066-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25067 (2010). Lynne Pillay to the Minister for ACC: Has the Minister discussed the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims with any of his parliamentary colleagues, if so who and on what dates?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 25066 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/5/0/f/QWA_25067_2010-25067-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25068 (2010). Lynne Pillay to the Minister for ACC: Has the Minister sought any advice from Crown Law on the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 25066 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/9/0/a/QWA_25068_2010-25068-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25069 (2010). Lynne Pillay to the Minister for ACC: What was the total cost for the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: The total cost will not be known until the review is completed.
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/e/1/QWA_25069_2010-25069-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25070 (2010). Lynne Pillay to the Minister for ACC: What is the total cost to date for the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I am advised that the total cost to date for the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims is $168,238.
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/0/f/QWA_25070_2010-25070-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25071 (2010). Lynne Pillay to the Minister for ACC: What was the total cost of production of the report of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 25069 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/b/5/QWA_25071_2010-25071-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25072 (2010). Lynne Pillay to the Minister for ACC: Does the Minister have confidence in all members of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims, if so why, if not why not?
Hon Dr Nick Smith (Minister for ACC) replied: I have confidence in the members of this panel because they have the range of skills, experience and expertise required.
http://www.parliament.nz/en-NZ/PB/Business/QWA/7/8/3/QWA_25072_2010-25072-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25073 (2010). Lynne Pillay to the Minister for ACC: What is the deadline date for the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: The report from the Independent Clinical Review Panel is expected to be completed by September 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/4/4/6/QWA_25073_2010-25073-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25074 (2010). Lynne Pillay to the Minister for ACC: If the report for the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims recommends returning to the previous system, will the Minister support this outcome?
Hon Dr Nick Smith (Minister for ACC) replied: I will consider the advice when I receive the final report.
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/9/e/QWA_25074_2010-25074-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25075 (2010). Lynne Pillay to the Minister for ACC: Can the Minister provide an update of the status of the report of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims?
Hon Dr Nick Smith (Minister for ACC) replied: The Independent Clinical Review Panel continues to work towards completing its report by September 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/9/4/8/QWA_25075_2010-25075-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25076 (2010). Lynne Pillay to the Minister for ACC: Can the Minister advise when the report of the Independent Clinical Review of the New Treatment Pathway for Sensitive Claims will be available?
Hon Dr Nick Smith (Minister for ACC) replied: The report will be available to me by 10 September 2010.
http://www.parliament.nz/en-NZ/PB/Business/QWA/a/f/a/QWA_25076_2010-25076-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25077 (2010). Lynne Pillay to the Minister for ACC: How many, if any, written submissions did the Independent Clinical Review group of the New Treatment Pathway for Sensitive Claims receive, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: I understand that the panel received 177 written submissions. The panel would need to respond to the questions relating to titles and dates of the submissions.
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/4/1/QWA_25077_2010-25077-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25078 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for March 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/c/8/7/QWA_25078_2010-25078-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25079 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for April 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/2/e/6/QWA_25079_2010-25079-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25080 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for May 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/e/d/c/QWA_25080_2010-25080-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25081 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for June 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/c/b/7/QWA_25081_2010-25081-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25082 (2010). Lynne Pillay to the Minister for ACC: What are the numbers of Sensitive Claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for Claims decision and duplicate, by region for July 2010?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/6/9/3/QWA_25082_2010-25082-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25083 (2010). Lynne Pillay to the Minister for ACC: What are the updated numbers for the how many Sensitive Claims were lodged, and how many did ACC approve and decline in March, April and May 2010, by region?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 25078, 25079, 25080, (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/f/e/4/QWA_25083_2010-25083-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

25084 (2010). Lynne Pillay 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 region for November 2009
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 24964 (2010).
http://www.parliament.nz/en-NZ/PB/Business/QWA/1/0/0/QWA_25084_2010-25084-2010-Lynne-Pillay-to-the-Minister-for-ACC.htm

National still failing to take responsibility

A press release from the Labour Party

The Minister of ACC Nick Smith is trying to avoid taking proper responsibility for the plainly unjust cuts in ACC funded counselling for victims of sexual crimes, Labour’s ACC spokesman David Parker and Victims Rights spokesperson Lynne Pillay say.
“The Minister was repeatedly and clearly warned, by clinicians and the Labour Party that his changes were so obviously wrong,” David Parker said. “The Minister’s attempt to blame this all on the ACC Board should not be accepted. Why have a Minister if he will not take responsibility in the face of prior warnings?
“In some months the number of people being approved for counselling following sexual crimes has been 90 percent lower than previously. The Minister tried to defend this.
“The latest justification asserts that a change to the law is needed, this excuse is another example of slippery behaviour. No one has shown that providing counselling to victims of sexual crimes is illegal. If it was, then ACC had been acting illegally for years, and the latest reinstatement of counselling would itself be illegal if that argument were accurate.
“Similarly, the Minister’s attempt to blame the prior government doesn’t stand up to scrutiny. It was the current government that introduced the requirement to prove mental illness rather than mental injury.
“This cannot be blamed on either the prior government or the Massey University guidelines. In fact the current government’s misuse of those guidelines lead to Massey publicly disassociating from ACC’s changes to their guidelines.
“The public record on this is clear for all to see the Minister and his hand picked Board are responsible, and should accept accountability.
Victims Rights spokesperson Lynne Pillay said the changes that had been introduced by National had been a disaster.

http://www.scoop.co.nz/stories/PA1008/S00195/national-still-failing-to-take-responsibility.htm

ACC concedes sexual abuse victims fallen through gaps

A news report from Radio New Zealand

The Accident Compensation Corporation acknowledges victims of sexual abuse have fallen through the system under its new approach to treatment.
ACC on Wednesday announced sexual abuse victims will be able to access up to 16 hours with a counsellor.
Last year the corporation introduced tougher guidelines that required it to focus treatment only on sexual abuse victims who have a diagnosed mental injury.
In June, it acknowledged it had moved too quickly to implement its new approach.
From Monday, 700 people awaiting a decision and anyone with a new claim will be eligible for the counselling.
The corporation says it is still working through what the latest changes will mean for those who were declined cover.
Labour MP Lynne Pillay says only 180 people had their applications for counselling approved in the past year, while 1500 were declined or put on hold. She says ACC's backdown is too little, too late.

Copyright © 2010 Radio New Zealand
http://www.radionz.co.nz/news/stories/2010/08/12/1dfa1c976a35

National still victimising sexual abuse victims

A press release from the Labour Party

The National Government’s decision to partially back down on a failed cost cutting programme that denied sexual abuse survivors access to counselling doesn’t go far enough, Labour Victims Rights spokesperson Lynne Pillay says.
“The entire failed experiment of denying sexual abuse victims counselling needs to be scrapped immediately. There is simply no justification for this ridiculously cruel cost cutting exercise to continue,” Lynne Pillay said. “Since National introduced this scheme thousands of sexual abuse survivors have been denied counselling causing an outcry from professional counsellors and victims themselves.
“Up to 90 percent of claims for sexual abuse counselling have been either declined or put into a holding pattern since October last year. In April this year just under 180 people who applied to ACC for sexual abuse counselling were accepted while another 1500 were either declined or put into a holding pattern.
“It is simply not good enough and for ACC and the National Government, to take nearly a year after beginning a review to acknowledge a problem that has been apparent for quite some time.
“National says it’s looking for value for money. Well quite honestly taxpayers have certainly not received any value for the $120,000 the review has so far cost, if this belated partial back down is the best the Government can come up with.
“National launched a review of their failed policy in October last year and today’s partial back down will be too little too late to help sexual abuse survivors, given it only applies to new applicants or those waiting for decisions.
“I am also appalled that the review panel has said they raised concerns with the Minister of ACC Nick Smith six weeks ago that too many sexual abuse survivors were being denied assistance. Why did Government not act then rather than prolonging the problem?
“I am still concerned that the Minister is allowing sexual abuse survivors to suffer while he fudges the truth to suit himself. Sexual abuse victims and survivors deserve better than today’s pathetic partial back down,” Lynne Pillay said.

http://www.scoop.co.nz/stories/PA1008/S00182/national-still-victimising-sexual-abuse-victims.htm