The Swamp Report

15 April 2011

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.

14 April 2011

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.

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

Question to Minister: ACC sensitive claims clinical pathway - fairness of treatment

http://www.youtube.com/watch?v=F8Zxo0MlibI

Carmel Sepuloni to the Minister for ACC: Is the Minister confident that victims and survivors of sexual abuse are getting fair treatment from ACC?
Hon Tony Ryall (Minister of Health) on behalf of the Minister for ACC: I am advised that since introducing the 16 hours of support sessions recommended by the independent review of the clinical pathway, there has been a good uptake of these sessions, and ACC has made positive gains in this area. ACC has also engaged Dr Barbara Disley, who chaired the initial review, to perform a 6-month progress report on ACC’s implementation of the recommendations, and that report is expected shortly. The Minister is confident that this progress review will confirm that ACC has made positive gains.
Carmel Sepuloni: 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?
Hon Tony Ryall: I would say the Minister for ACC is very concerned about the victims of sexual abuse, and he goes to great lengths to see that ACC handles them sympathetically and fairly at all times. If the member has some information that she would like me to raise with the Minister, I would be more than willing to do that.
Carmel Sepuloni: Will he investigate how Dr Peter Jansen accessed private information about a victim of sexual abuse and used it to initiate legal action?
Mr Speaker: If this is a matter where legal action has been initiated, I think we need to be fairly careful about that. I do not believe I should allow that question.
Hon Trevor Mallard: I raise a point of order, Mr Speaker. I think the matter is relatively simple as to whether the matter is before the court. If it is not before the court, it is my understanding that it has been the practice of the House for a question to be allowed on an issue. If it is before the court, I think the practice has been developing, at least, of your being consulted before the matter is brought up.
Mr Speaker: That seems to be a reasonable argument. I will allow the Minister to answer.
Hon Tony Ryall: I know the Hon Nick Smith is always concerned about the victims of sexual abuse. If the member has information that she would like to bring to me on that case, I am sure the Minister will deal with it. It is completely unacceptable if ACC staff have not been dealing with the victims of sexual abuse in a sympathetic and professional way.
Carmel Sepuloni: Does he think it is fair treatment for a senior adviser at ACC not to have the resourcing to provide counselling to a victim of sexual abuse, but to have the resources to sue her for a quarter of a million dollars?
Hon Tony Ryall: I have no information about who is funding any of the suggestions that the member opposite is making in respect of legal action. I do know the Minister is very concerned to make sure that all victims of sexual abuse are dealt with sympathetically and professionally by the ACC.
Carmel Sepuloni: Does the Minister think it is fair treatment for ACC claimants to be subjected to that type of legal action by ACC employees, and can other ACC complainants expect the same “fair” treatment if they dare to speak out?
Hon Tony Ryall: I invite the member to immediately bring the information and concerns that she has to the Minister’s attention. The Minister is always concerned to make sure that the victims of sexual abuse are dealt with sympathetically and professionally by the ACC. If she can show that that is not the case, I am sure the Minister will seek to take action.
Carmel Sepuloni: I seek leave to table a letter by the legal representation for Dr Peter Jansen to the sexual abuse victim accused by Dr Jansen of defamation, dated 12 April 2011.
Mr Speaker: Leave is sought to table that document. Is there any objection? Did I hear objection? There is objection.

http://www.parliament.nz/en-NZ/PB/Business/QOA/d/1/f/49HansQ_20110414_00000011-11-Accident-Compensation-Sensitive-Claims.htm

13 April 2011

External review of ACC needed to restore faith

An article from the Otago Daily Times by John Gibb

Dunedin ACC campaigner Denise Powell says ACC's credibility has recently "taken a hammering" over some controversial elective surgery decisions, and an external review is needed to restore public faith in the corporation.
Mrs Powell is president of Acclaim Otago, an ACC claimant support group, and is also a member of the ACC Consumer Outlook Group, a liaison body which brings together ACC claimant support groups and others, with ACC management.
ACC has already begun an internal review of elective surgery, but, at a meeting in February, COG members urged ACC to consult more widely.
Elective surgery is also likely to be discussed at COG's next meeting, in Wellington today.
Dr Barbara Disley, a former senior Mental Health Commissioner, last year led an external review of "sensitive claims pathway" changes involving ACC's dealings with sexual abuse victims, which found some shortcomings and made 14 recommendations.
Mrs Powell said it seemed "very lottery-like" whether injured ACC claimants gained elective surgery, given suggestions that many people had been affected by degenerative processes and were effectively denied ACC cover.
Current decisions over surgery might be accurate, but the general public did not have "a lot of faith" in them.
An external review, such as over sensitive claims, was needed, she said.
Phil Riley, ACC external claims management national manager, said ACC expected the internal review to be completed at the end of this month.
Stakeholder groups had taken part, and the initial consultation had been extended, with 500 clients also surveyed.
He thanked everyone who had given ACC feedback.
ACC Minister Nick Smith has previously dismissed the idea of holding an external review into surgery issues.