Abuse victim to countersue ACC doctor

A news report from the New Zealand Herald by the NZPA

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

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

ACC employee sues sexual abuse victim

An article from the NZPA

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

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

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

ACC urged to adopt panel's recommendations

An article from the NZPA

ACC Minister Nick Smith says he isn't satisfied with the way the corporation is handling sexual abuse claims and a monitoring group will be set up to ensure it delivers on recommendations from an independent review panel.
Dr Smith initiated the review and the panel's report was released today, setting out 14 recommendations and 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.
The panel, headed by Dr Barbara Disley, said ACC changed the system with too much haste and did not adequately consult relevant government and non-government organisations or its own Sensitive Claims Advisory Group.
ACC's general manager for claims, Denise Cosgrove, responded by saying problems had been previously acknowledged and were starting to be addressed. Ms Cosgrove said ACC had met the panel and discussed its findings. "We agree that action is required in some areas and believe the initiatives we have already put in place will go some way to addressing their concerns," she said. "But I have to emphasise that not all of the answers sit with ACC. We are just one of a number of agencies with responsibilities in this area."
Dr Smith said he was urging ACC to adopt the panel's recommendations. "While I acknowledge that managing sensitive claims is very challenging, I am not satisfied with ACC's handling of this issue," he said.
"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."
Dr Disley said the panel heard from about 50 survivors of sexual abuse, 30 organisations representing psychiatrists, psychologists, psychotherapists and counsellors, received nearly 180 written submissions and met all the relevant key government agencies. "Virtually everyone who made their views known to us told us of the major difficulties that have been caused," she said. "ACC has listened to our early concerns and made initial changes.
"As a result, survivors who make a new claim or have a claim already in the system now have 16 hours with a treatment provider available to them immediately."
The report said ACC's Sensitive Claims Pathway had aggravated the situation for sexual abuse survivors with particular needs, including Maori, children, adolescents, people with mental illness and those with addiction problems.
The panel's recommendations include:

• ACC should move to improve access for survivors by introducing 16 hours of immediate therapeutic assessment and recovery support from a registered ACC treatment provider for new claimants, those currently under consideration, those who have had a claim declined and those who have chosen to withdraw their claim;
• ACC should work with sector experts to agree additional standardised systems for determining mental injury - including those that would be appropriate for children and Maori;
• All ACC communications with survivors of sexual abuse should be reviewed "as a matter of urgency" using survivor and expert provider assistance; and
• ACC should work with sector and government agency representatives to develop and implement a comprehensive quality framework.

© NZPA 2010
http://www.odt.co.nz/news/politics/125470/acc-urged-adopt-panels-recommendations

ACC reverses sex abuse decision

A news report from the NZPA

Victim advocates are relieved to see a reversal by ACC on its decision to cut funding for sexual abuse counselling, but the Greens say independent reviews should also follow other changes the Crown organisation has made.
Last October ACC cut counselling for victims of rape and other sexual abuse "sensitive claims", and funding was restricted to those with a diagnosed mental injury resulting from sexual abuse or assault, sparking outrage and protests from victim advocates. But it back-tracked yesterday and said from next week people with a new ACC sensitive claim, or with a new claim already in the system but awaiting a decision, would be able to access up to 16 hours with a counsellor.
ACC said the decision was made after concerns were expressed and followed advice from an independent panel appointed by ACC Minister Nick Smith to review the sensitive claims pathway in light of advice he had got from clinicians.
Dr Smith said the 16 hours was an interim provision, and a long-term plan would be made after the final report from the panel was released in mid-September. He said while he had been careful not to interfere with what was a clinical matter, he didn't think ACC had managed the issue well.
The Mental Health Foundation, Human Rights Commission and National Council of Women NZ (NCWNZ) all expressed relief over the u-turn today, although the organisations have raised questions as to whether the 16 hours will be enough for some victims.
NCWNZ national president Elizabeth Bang said the situation showed how critical it was to test new policy approaches before rolling them out. She said savings made during the nine month "experiment" would no doubt be spent on an envisaged influx of claimants. "Again, ACC will need to ensure they have sufficient staff on deck to manage the opening of the flood-gates," Ms Bang said.
Green Party ACC spokesman Kevin Hague said the u-turn "strongly suggested" that all changes ACC has made to its cover, entitlements and assessment criteria needed to be independently reviewed. "An independent review is needed to ensure ACC is doing its job and not causing re-victimisation of accident victims," Mr Hague said. He said Dr Smith had introduced other changes to ACC over the past two years which were not supported by evidence.
Labour's ACC spokesman David Parker said it was unacceptable that Dr Smith was pointing the finger at the ACC board over the sexual abuse funding issue. "The minister was repeatedly and clearly warned by clinicians and the Labour Party that his changes were so obviously wrong. Why have a minister if he will not take responsibility in the face of prior warnings?"

© 2010 Fairfax New Zealand Ltd
http://www.stuff.co.nz/national/politics/4018575/ACC-reverses-sex-abuse-decision

ACC sex abuse claims 'badly handled'

A news report from the NZPA

ACC has handled the issue of counselling for sexual abuse victims badly, ACC Minister Nick Smith says.
Last October ACC cut counselling for victims of rape and other sexual abuse "sensitive claims", and funding was restricted to those with a diagnosed mental injury resulting from sexual abuse or assault, sparking outrage and protests from sexual abuse groups. But yesterday it announced that from next week people with a new ACC sensitive claim, or with a new claim already in the system but awaiting a decision, would be able to access up to 16 hours with a counsellor.
Dr Smith said the provision of 16 hours was an interim provision and a long term plan would be made after the final report from the independent clinical panel was released in mid-September.
The panel was set up by Dr Smith following concern about the cuts being made. "It was my decision to set up the independent clinical panel when it was plain that a substantive number of clinicians working in this area believed ACC had it wrong," he said.
Dr Smith said while he had been careful not to interfere with what was a clinical matter he did not think ACC had managed the issue well. The Government had not asked for cuts in the sensitive claims area and Dr Smith was concerned when he saw an increase in claims being turned down.
The panel recommended that 16 initial sessions were required immediately and ACC took that on board. "This gap that had developed needed to be addressed urgently and that is why ACC decided to step in and provide the 16 sessions as quickly as possible from next Monday while the panel completes its full report and we can make long-term decisions."
There were lessons for ACC about its consultation with the sector, Dr Smith said. "Because I don't think that has been satisfactory."
ACC's general manager of claims management Denise Cosgrove said ACC had listened to concerns expressed.
A number of details are yet to be finalised, such as what special arrangements might be put in place for children and what support will be available for people who have suffered a relapse, or whose sensitive claims have previously been declined or reactivated.
ACC acknowledged last year's cuts "exposed gaps in the services available to people who have suffered sexual abuse," Ms Cosgrove said. "We will be continuing to develop the sensitive claims process, and will take into account the views of the sector, the final report of the independent panel and the cross-government work being carried out following the recent findings of the Taskforce on Sexual Violence."
Labour's ACC spokesman David Parker said Dr Smith's attempts to blame the ACC board should not be accepted. "The minister was repeatedly and clearly warned by clinicians and the Labour Party that his changes were so obviously wrong. Why have a minister if he will not take responsibility in the face of prior warnings?"

© 2010 Fairfax New Zealand Ltd
http://www.stuff.co.nz/national/politics/4016126/ACC-sex-abuse-claims-badly-handled

Rape victims wait weeks for counselling

An article from the Otago Daily Times by the NZPA

Rape victims should not have to wait weeks to get help and that situation needs to improve, ACC Minister Nick Smith told Parliament today.
Labour's Lynne Pillay said that in 2006, when Labour was in government, National MP Chris Tremain highlighted the case of a young woman who was held at knifepoint for 15 hours and repeatedly raped but had to wait six weeks before earnings-related accident compensation could be paid.
"How does he reconcile Mr Tremain's outrage then with the fact that rape victims are now waiting months or indefinitely just for counselling to be approved by ACC?"
Dr Smith said the average time for processing sensitive claims was about 20 days.
"That is unacceptably long. It is one of the reasons that I have established a clinical review of management of sensitive claims. I want ACC to work with clinicians and professionals to ensure that the best possible counselling support within the law is provided to those claimants."
Dr Smith ordered the review after concerns were raised about changes to rules which stipulate ACC-subsidised counselling is only for victims with a diagnosed mental condition caused by sexual abuse, and is generally for 16 weeks, subject to further review.
Ms Pillay asked why the Government did not reinstate the previous process given the "overwhelming opposition".
Dr Smith said it was Labour that wrote the law which set a diagnosed mental injury as a requirement. He said that since the new guidelines came into effect the amount spent on sensitive claims had remained steady - for the year to date $45.7 million, compared to $46.7 million for the same period last year.
Labour MPs yelled out that the figures were static because new claims were not being accepted.

http://www.odt.co.nz/news/national/106609/rape-victims-wait-weeks-counselling