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

An article from the New Zealand Herald

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

© 2016 NZME Publishing Ltd

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

ACC Minister must help sexual violence survivors

A press release from the Green Party by Jan Logie

The Green Party is calling on ACC Minister Nikki Kaye to remove the obligation for sexual violence survivors to be diagnosed with a mental illness before being allowed additional ACC-funded counselling.
Green Party MP Jan Logie and survivor advocate Louise Nicholas today launched a new campaign and petition to demand that survivors don’t need a mental illness diagnosis in order to have their sensitive claims proceed.
“Being the victim of sexual violence is not a mental illness,” Ms Logie said.
“Being subjected to sexual violence is trauma enough. Being a victim of sexual violence on its own should qualify survivors for the help they need.
“It’s great to hear the Minister Nikki Kaye say she’s open to a better way of helping the survivors of sexual violence. Removing the obligation for them to be diagnosed with a mental illness is an appropriate start.”
The petition is available here: http://action.greens.org.nz/remove_the_barriers
Under current ACC practice, in order for survivors of sexual violence to have their ACC sensitive claim approved, they must be diagnosed with a psychiatric condition. Up to 16 hours of one-on-one therapy is initially available when someone lodges a sensitive claim with ACC, however accessing help after that requires a diagnosis.
“In many cases this labelling of sexual violence survivors can be re-traumatising and stigmatising, and is a significant deterrent for those who need treatment.
“ACC needs to change its processes so that people are able to access the help that they need,” Ms Logie said.

More information is available here http://www.parliament.nz/en-nz/pb/business/qwa/QWA_03866_2016/3866-2016-jan-logie-to-the-minister-for-acc

© 2016 The Green Party of Aotearoa New Zealand

https://www.greens.org.nz/news/press-release/acc-minister-must-help-sexual-violence-survivors

Counselling boost tipped for sex abuse victims

An article from Radio New Zealand News

Sexual abuse victims may get more government-funded counselling, ACC Minister Nikki Kaye says.
Victims of sexual abuse are currently offered up to 44 hours of therapy and support, but must be diagnosed with what's called a mental injury to qualify for more.
ACC Minister Nikki Kaye said there was a possibility that could change.
"If they want to go through a process, potentially around weekly compensation, everybody's been, you know, working to find the best possible process around that assessment," she said.
"This is a complicated area, you know we owe it to those victims to continue to work on it and see if we can improve it."
Ms Kaye said she would meet with people in the sector to see if any adjustments were needed.

© 2016 Radio New Zealand

http://www.radionz.co.nz/news/political/305132/counselling-boost-tipped-for-sex-abuse-victims

Being a victim is not illness

An article from the Herald on Sunday by Tess Nichol

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

© 2016 NZME Publishing Limited

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

ACC sex abuse claims double in five years

An article from Newshub by Emily Cooper

More sexual abuse and sexual assault victims are reaching out for help under ACC's sensitive claims services.
Figures released to Newshub under the Official Information Act show claims have nearly doubled in the past six years. In 2010, 3674 people lodged a claim compared to 6946 people last year. Those seeking counselling services have also almost doubled.
ACC Minister Nikki Kaye says it's down to changes made around the handling of sensitive claims. "Previously it was hard, it was quite an insensitive process," she says.
Victim advocate Louise Nicholas says the rise is also likely down to more people speaking out against sexual violence and the stigma around people speaking out being lifted.
Over the past three years, ACC has had to re-think the sensitive claims process and worked with survivors of abuse, advocates and therapists to make the process easier. ACC also scrapped the top up fee that victims previously had to pay for counselling services and a new support package was also announced this time last year.
Ms Kaye says $100 million will be spent over the next six years to give people better access to counsellors.

http://www.newshub.co.nz/nznews/acc-sex-abuse-claims-double-in-five-years-2016030218

Copyright © 2016 MediaWorks TV

ACC overhauls sexual abuse care service

A news report from Radio New Zealand News by Michael Cropp

The Accident Compensation Corporation has overhauled its sensitive claims service, with its minister saying it made big mistakes in the way it dealt with victims of sexual assaults.
Before 2009, ACC accepted thousands of sensitive claims, but after changes to the system that number plummeted, and in 2011 just 135 claims were accepted.
Survivors' advocate Louise Nicholas said the impact when ACC clamped down on the numbers of claims it accepted was devastating and in some cases victims committed suicide. Support workers no longer wanted to be part of the system, she said.
"We lost hundreds upon hundreds of counsellors who refused to work in such an inhumane system," she said.
"We lost survivors, and I mean literally, lost survivors. So people just backed right off and said 'we don't want a part of this'."
Ms Nicholas had been a member of a panel that worked to overhaul what she said was a highly bureaucratic process which re-traumatised sexual assault survivors and denied them the help they needed. Many struggled with ACC forms asking them what kind of accident they had had - while constant assessments to qualify for assistance wore people down.

More support
Under the new service, that is set to change. There will be a support package for people who have suffered sexual abuse or assault, access to therapy is free and people are covered for longer. People are also able to enter and exit the system for support at any time. As well as the person who was sexually assaulted or abused, family and whānau are also able to seek help free of charge. The form, too, has changed to reflect the sensitivities of the situation.
ACC strategy manager for sexual violence, Emma Powell, said the changes required a big re-think of how ACC dealt with clients.
"It's a tailored response and a tailored approach, trying to put as much control back into the hands of our clients."
The client is able to choose who they see and if things were not working out the Sensitive Claims team would arrange an alternative.
"We talk about the fact that the counsellor-and-client relationship is critical to success, so if it's not working we need to offer ways that people can seek other supports," she said.
The public issues Chair for the NZ Association of Psychotherapists, Kyle MacDonald, worked with sensitive claims clients and helped advise ACC on the changes. He said the new system was much more sympathetic to a survivor's needs.
"I think that ACC have engaged really willingly in the process of recognising that actually the system wasn't working and that they needed to fix it," he said. "they have essentially redesigned a services which looks to address a lot of the concerns raised [in 2012]."
ACC Minister Nikki Kaye, said the old system was not working, and she wanted people to know it had changed.
"There's a lot of work to do, both around how do we prevent these things from happening, but then how do we make sure people are cared for right throughout government," she said.
The Minister said the changes were just the start of a much bigger process, which she hoped would provide better care for survivors and help prevent the violence from happening.

* If you, or someone you know, is affected by sexual violence you can find out more about these services at ACC Find Support site or call the ACC sensitive claims team on 0800 735 566.

© 2015 Radio New Zealand

http://www.radionz.co.nz/news/national/267591/acc-overhauls-sexual-abuse-care-service

More ACC support to help address sexual violence

A press release from the National Party

ACC Minister Nikki Kaye welcomes ACC’s new support package for people who’ve experienced sexual abuse or assault.
“It’s clear to me ACC has listened to feedback from clients, families, counsellors and others, and their input is reflected in the more flexible, wider range of support now being offered,” says Ms Kaye.
“ACC has come a long way in the last few years and I’m encouraged things are heading in the right direction.
“The new approach is not just about helping individuals but families too, who are also impacted if a loved one is sexually abused or assaulted.”
Improvements under the new service include:

• more holistic support – as well as one-to-one therapy, people can now access new support such as family and whānau sessions, social work support and liaison with other agencies to obtain assistance that can help recovery
• more hours of support for those who need it – up to around 60 hours of total short-term support, and up to around 100 hours of further support over 12 months, if required, for people with longer-term needs
• more flexible support - making it easier to enter, exit and return to assistance at any time
• new purpose-built claim form, which reflects the sensitivities of the situation.

“The new service is also fully funded by ACC. This means service providers cannot charge clients a co-payment, which will help more people access help when they need it.
“I’m pleased to confirm that on top of this, ACC will invest more in preventing sexual violence, from around $1 million to $4 million in the coming year.
“This extra support and injury prevention funding links into the wider government strategy, led by Ministers Adams and Tolley, to address sexual and family violence and encourage cultural change.
“It can be difficult sometimes for people to come forward and get help, so I encourage anyone affected by sexual violence to see what help is available.”
For more information, see the new website findsupport.co.nz.

© 2014 New Zealand National Party

https://www.national.org.nz/news/news/media-releases/detail/2015/03/02/more-acc-support-to-help-address-sexual-violence

Question to Minister

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



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

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

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

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

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

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

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

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

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

Iain Lees-Galloway: Does the Minister accept—

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

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

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

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

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

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

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

Marama Fox:

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

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

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

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

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

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

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

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

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

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

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

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

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