Legal row over ACC blog

An article from Stuff by Kirsty Johnston

A senior medical officer in ACC's sensitive claims unit has made legal threats to a blogger who posted information about his employment history, in the wake of a mass privacy breach.
Peter Dodwell, the branch medical advisor of the unit that deals with rape and abuse victims, was fired from his previous job in Australia over a privacy issue.
Both Dodwell and ACC's senior medical advisor, Peter Jansen, have threatened legal action against blogger Kyle Macdonald, a psychotherapist who regularly speaks out against the corporation.
The revelations come as the Auditor General prepares to investigate ACC's governance, adding to an inquiry by the Privacy Commissioner into a breach that saw 6000 patient files - including 131 from the sensitive claims unit - released to claimant Bronwyn Pullar.
Documents show that in March 2008 Dodwell was sacked from his role as chief medical officer at HealthQuest, the medical screening body for all public servants in Australia, after an internal investigation into his behaviour. The investigator, former NSW Police Deputy Commissioner David Madden, found Dodwell had inappropriately passed on information to the Education Department about a teacher it intended employing, saying she was being investigated by police for defamatory website postings about him.
According to a report in the Sydney Morning Herald, there was no evidence the teacher was being investigated by police.
Madden said Dodwell passed on the information in an attempt to adversely influence the department's decision to employ her.
"The way in which he [ Dodwell] went about informing the Department of Education was inappropriate and not reasonable behaviour of a public official," the report said.
Madden said the teacher had no opportunity to defend herself against  Dodwell's claims, and he should be disciplined for breaching privacy restrictions. He was later fired.
After Mr MacDonald posted a link to the SMH story, and an opinion of its contents on his blog, he received a letter from Dodwell's lawyer requesting parts be changed or removed because they were defamatory. The letter was similar to one MacDonald received from Jansen in 2010 about a defamatory blog post and tweet, which he removed for fear of legal action.
Jansen was the senior ACC manager at the centre of another defamation case last year, involving a blogger who was also claimant of the Sensitive Claims Unit. The blogger, known as Jax, was under the police witness protection programme for sexual abuse at the time, and alleged her ACC file had been accessed by someone within ACC in order to find her contact details.
MacDonald said the threats against him, in his view, were another example of how ACC bullied critics and "whistleblowers" who had genuine concerns about the organisation.
Dodwell was hired to provide expert opinion about claims and treatment decisions, he said.
"I thought the information should be in the public domain, given someone with that kind of history is in a clinical role. The reality is that it's a political position, so the public have a right to express their views."
MacDonald said the fact Dodwell had a history with privacy issues was important given the recent breach and his role in sensitive claims.
"Privacy is important for people with a sensitive claim. Lack of it can cause emotional harm, but it can also be dangerous for people who are in hiding because of sexual abuse," he said.
In a statement, an ACC spokeswoman said: "The importance of confidentiality is vital to the good faith employment relationships between ACC and its staff. Consequently it would be inappropriate for ACC to comment on any individuals employment matters."
But ACC said that Dodwell had provided a complete CV to ACC when he applied for the job.
Dodwell himself said he disclosed, directly to his ACC manager, details of the matter that led to his dismissal in Australia.
As for the legal action, ACC said it had no role when an employee "acting independently or out of personal motives" initiated legal communications, proceedings or actions with an external party.
Dodwell argued there was no legal action "either taken or threatened".
"The letter acquainted Mr MacDonald with inaccuracies in his article, and invited him either to remove certain specified passages or to amend his article to reflect the true situation," he said.
Jansen said the material on McDonald's blog "seriously defamed" him. He wouldn't answer a question asking if he thought his actions were appropriate.

© 2012 Fairfax NZ News

http://www.stuff.co.nz/national/politics/6746061/Legal-row-over-ACC-blog

The (new) face of ACC

A blog post from Bulldust Over a Kiwi BBQ by Gunner Thane

With the changing of the guard in National (Nick Smith relinquishes ACC to Judith Collins) and the re-election of Carmel Sepuloni in Waitakere, are we to expect a change of fortunes for the under fire ACC?
To put things in perspective about ACC, I know personally four people that have dealings with ACC, three in the Sensitive Claims Unit (SCU). Now two of that three also have major issues with ACC and the way they do business. One was sued this year by Dr Peter Jansen, and now another has had problems with ACC faxing out her personal file to three (at least) agencies that have no dealings with this person, i.e. a breach of trust and security.

Click here to read the rest of this post.

http://rednaz1958.blogspot.co.nz/2011/12/new-face-of-acc.html

ACC doctor drops court action against abuse victim

A news report from Radio New Zealand

A senior clinician for the Accident Compensation Corporation has dropped legal action for defamation against a sexual abuse victim.
Dr Peter Jansen had been suing the ACC claimant - known as Jax - for $250,000 over personal comments she made about him on a blog site.
An ACC investigation has found that Dr Jansen never accessed any personal information held by it regarding the woman. Peter Jansen says now an allegation of improper use of ACC information has been shown to be wrong, he's withdrawing legal action.
He says while he would prefer the woman to withdraw the statements on her blog and apologise, as a clinician he appreciates her recovery must take precedence.
The woman says Dr Jansen never had a case and she won't be apologising nor removing the comments.
ACC Minister Nick Smith says he welcomes the fact that the matter has been resolved.

© 2011 Radio New Zealand

http://www.radionz.co.nz/news/national/74627/acc-doctor-drops-court-action-against-abuse-victim

ACC doctor backs down on legal action

An article from the New Zealand Herald by Claire Trevett

Senior ACC clinician Dr Peter Jansen has dropped his legal action for defamation against an ACC sexual abuse claimant.
Dr Jansen, the lead clinician in the sensitive claims unit, was suing the woman - known as Jax - over a blog posting she wrote in November last year. The woman was an ACC claimant for treatment for depression following sexual abuse.
In a statement this afternoon, Dr Jansen said although he continued to regard her blog post as defamatory, he had instructed his lawyers to withdraw the legal action.
"While I continue to regard the statements made on her blog as defamatory, and would obviously prefer that she withdrew them and apologised, as a clinician I appreciate that her recovery must take precedence at this time."
Dr Jansen said he had not and could not have known she was an ACC claimant at the time, because the blog post was written under a pseudonym.
In a follow up blog post about the legal action, Jax had also questioned whether Dr Jansen had accessed her private file to obtain her address. Dr Jansen said yesterday ACC had investigated that allegation at his request and concluded he had never accessed any personal information it held about the woman.
Labour MP Carmel Sepuloni had raised Dr Jansen's legal action in Parliament.

Copyright 2011 APN Holdings NZ Ltd

http://www.nzherald.co.nz/health/news/article.cfm?c_id=204&objectid=10723869

ACC doctor threatens to sue over website

An article from the Whakatane Beacon by Samantha Motion

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

© 2011 Whakatane Beacon

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

Statement from Minister on sensitive claims issue

A press release from the Minister for ACC

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

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

ACC doctor wants public apology

An article from the New Zealand Herald

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

Copyright 2011 APN Holdings NZ Limited

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

ACC statement regarding sensitive claims client

A press release from ACC

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

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

Robert Stewart on Peter Jansen defamation action

A press release from Robert Stewart of Izard Weston

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

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

ACC Minister needs to sort out culture in his corporation

A press release from the Labour Party by Carmel Sepuloni

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

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

Call for resignation of ACC’s senior medical advisor

A press release from Acclaim Otago (Inc)

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

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

Abuse victim to countersue ACC doctor

A news report from the New Zealand Herald by the NZPA

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

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

ACC doctor drops lawsuit against sex abuse victim

An article from Stuff by Andrea Vance

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

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

ACC doctor sues sex abuse victim

An article from the New Zealand Herald by Claire Trevett

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

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

Senior ACC adviser suing sexual abuse victim

A news report from Radio New Zealand

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

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

ACC employee sues sexual abuse victim

An article from the NZPA

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

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

Smith & Jansen - Lost in Space

A blog post from K1W1 by Jax

Good lord, look what I found - an old photo of Dr Peter Jansen and Nick Smith, back in the good old days when, lost in space, was just a harmless television show and not an actual ACC procedure. Amazing what Goggle pops up with these days but... seriously... this does explain a few quirky features of our infamous tax-funded-insurance company...

Read more here

Shut down ACC's Sensitive Claims Unit

A press release from Access Support Services

Last year ACC’s Sensitive Claims Unit (SCU), based in Wellington, implemented its new clinical pathways for claimants suffering from the effects of sexual abuse. It also adopted the so-called “tough love” policy drafted by one of its senior officials, Phil Riley, who set out a strategy on how to exit claimants from the Scheme, including suspending entitlements.
The consequence of these two policies is that the SCU often requires rape victims to undergo multiple physiatrist assessments or risk having entitlements suspended or not provided at all. This heavy handed approach has a re-traumatising effect on victims of sexual abuse.
SCU’s approach is highlighted in a story on stuff.co.nz (8/11/10), where it reports ACC has unlawfully refused to implement a binding review decision directing the corporation to reinstate a rape victim’s entitlements.
“We believe SCU senior and technical staff have consistently demonstrated they are not up to the job, including its senior medical advisor Dr Peter Jansen,” says Mr Wadsworth. “Now it’s time for ACC to shutdown the dysfunctional unit.”
Over the last year Access Support Services has regularly expressed our concerns over the way the SCU manage sexual abuse claims. Now ACC’s claims management business manager Sue North is defending its refusal to implement a binding review decision.
“ACC’s senior management responsible for adopting Phil Riley’s tough love strategy and implementing the new clinical pathways need to take a good hard look at themselves, even if they are under enormous political pressure from the National-led Government,” says Mr Wadsworth.“This is not what the ACC scheme is suppose to be about.”

http://www.scoop.co.nz/stories/PO1011/S00087/shutdown-accs-sensitive-claims-unit.htm

ACC matters - cautiously optimistic!

An article from ANZASW NoticeBoard by Cathy McPherson

On May 7 I attended a hui in Wellington, requested by the Sensitive Claims Advisory Group at our last meeting in March, when ACC admitted that they need some assistance to fill in the “gaps” in service left by their new Pathways. The meeting was faciltated by Graham Bashford. While Peter Jansen was in attendance, he had no role to play in the meeting, and in fact appeared extremely subdued... SCAG members were not entirely sure what to make of this development. Approximately 60 attended the meeting.
The week before the meeting, there was an announcement by the Minister of Justice that the Minister of Social Development would be undertaking a “stocktake of Government spending on specialised sexual violence services. The terms of reference are expected to be finalised soon, and she expects to report back by the end of the year. The aim of the stocktake is to build on TOAH NNEST’s work, establish what the Government is already purchasing, what the current and long term demands for services will be, identifying opportunities for efficiency and effectiveness and considering future funding options”.
As a consequence of this announcement, we were informed the day before the meeting by ACC that “the agenda for the ACC facilitated workshop would include the time to develop a statement from the group to provide to the Minister.”

Impressions of SCU Workshop:
The workshop was attended by approximately 60 people including SCAG, representatives of Police, child and adolescent and adult mental health, representative of Commissioner for Children, Massey University and ACC including James du Plessis and David Rankin, and Denise Cosgrove, the new General Manager of Claims Management, as well as some claims managers.
ACC was actually asking and listening as to how to fill the gaps left by the new Pathways.
They made a clear statement that they recognized there were clear gaps in the system, and that ACC were committed to doing everything they could to address these “within the constraints of the legislation”. Furthermore, they stated they would record and forward the gaps highlighted by us to the review panel.
Graham Bashford went on to outline the history of the changes and the current situation of which the most salient point was a recognition of clear delays, namely that they have approved claims within three days when all the information has been present, but that the current average is 47 days. (This was challenged by SCAG as we have it well-documented that clients have been waiting for decisions from last year).
It was also acknowledged that the approval rate is very low. It appears that ACC see a clear difference between their legislative responsibility and clinical responsibility, as the phrase “within the constraints of the legislation” kept coming up.
Concern was expressed that a great number of ACC counsellors have either left the profession or have taken on new positions because of the almost zero approval rate by ACC.
ACC for the first time stated that over the years, ACC had become the default provider of counselling services for sexual abuse survivors even when mental health, difficulties prior to the sexual abuse, prior alcohol and drug issues etc were in existence. One of the suggestions at my discussion table (which included Kim McGregor, David Rankin, James Du Plessis, Commisioner for Children rep, Police rep, DSAC rep) and the suggestion was from the ACC people that funding for counselling have contributions from Health and Ministry of Social Development.
Police expressed concern about how much more difficult it is to obtain a prosecution when complainant is not adequately supported through that process and may be legally discredited due to mental health diagnosis.
It was acknowledged by those present that the present system was clinically unsafe and that the present process was not working either for ACC or for clients.

Some of the suggestions from the meeting:
Clear call for long term goal to be implemented of TOAH NNEST framework; namely a multi-ministry and cross agency response that is seamless and well funded and can respond quickly to the acute situation of disclosure.
Also a clear indication that some sort of short-term emergency response needs to be implemented immediately to stop the decline. Various ideas were tabled, including going back to four sessions for all new claims to hold clients until a decision is made by ACC re approval of claim.
Finding culturally safe ways of working within the Pathways.

ACC made the following commitments:
To document and discuss suggestions at next SCAG - I will report back on this after the June 19 meeting.
To inform both the CEO of ACC and the Minister of the outcomes and content of this meeting as a matter of urgency.
To record our concerns and suggestions unedited and as discussed.
To pass on outcomes of the meeting to the review.

At the end of the day, SCAG members came away feeling cautiously optimistic and hoping this was not just window-dressing. We were quite impressed with Denise Cosgrove but only time will tell. We certainly came away believing that our concerns have been listened to, and look forward to the departure of Graham Bashford, and hopefully Peter Jansen as well.
Also the Review Committee has just been announced for the promised six month review of the Pathways. There will be an opportunity for us all to make submissions to this Committee. I am trying to get an address to send submissions to and will publicise this as soon as I have it.

http://anzasw.org.nz/sw-in-nz/publications/

ACC - Clinical Pathway to Lala Land

A blog entry from K1W1 by Jax

Like a few people I imagine, I'm pretty much playing "catch up" on the ole ACC saga. Sure, I saw the protests on TV some months back and yeah, I've heard rumbles from some about the "hideous" recommendations, but I never really thought more about it until I flicked through emails sent to me by another member.
Within two days of sifting through her copious emails I was livid. She's not a reporter but she sure as hell could give some of our current ones a run for their money. She's a nurse, a psych nurse, and she's deadly passionate about the changes not only in the legislation but in the effect it's having on those close to her. This is a woman who entered into the health profession with a sense of pride and today, she's "gutted" by her own health professional's unethical decisions. In short, she feels ashamed of them.

Read the rest of this entry at http://k1w1jax.blogspot.com/2010/05/acc-clinical-pathway-to-lala-land.html