The Swamp Report

ACC SCU Provider Update - November 2011

2011-12-06T16:36:00.001+13:00

http://www.acc.co.nz/PRD_EXT_CSMP/groups/external_providers/documents/reference_tools/wpc096628.pdf

Election 2011: Southern candidates answer questions

2011-11-17T07:48:00.000+13:00

An article from the Otago Daily Times

Star reader Joy Hayward writes: "Since ACC changed its criteria in October 2009, the number of people seeking therapy has significantly dropped and the number of people turned down for therapy has significantly risen. What measures will your party take to ensure that victims of sexual abuse have the opportunity to receive therapy to enable their recovery from abuse?"

RESPONSES

"The National Government's decision to restrict access to the ACC scheme has severely impacted the most vulnerable and disadvantaged groups. This has made it hard for many people to get support services for sensitive claims. Labour will improve the medical assessment and vocational independence processes so there is a fair, balanced and consistent approach to assessing claims. Labour will review National's changes to the ACC scheme."
Clare Curran
MP and Labour candidate for Dunedin South

"'Health is a state of complete physical, mental, social and spiritual wellbeing, and not merely the absence of disease.' (World Health Organisation) Health focuses not just on te taha tinana (physical) but also te taha wairua (spiritual), te taha hinengaro (mental and emotional) and te taha whanau (social - family and community) and the interconnectedness of these dimensions. Sexual abuse is something that affects its victims in all those areas, so we will ensure that victims of sexual abuse will receive treatment by directing ACC to do so."
Shane Gallagher
Green candidate for Dunedin South

"ACC's role is to help support victims, and those who have suffered a mental injury under Act as a result of a rape or sexual abuse are still entitled to make claims. However, the failing of a public system like ACC is that the demands on it are often greater than its resources, and it is difficult to target the right services to the right people. Opening up ACC to competition would ensure providers are better able to give the services we require."
Kim Hannah
Act candidate for Dunedin South

"New Zealand First ACC policy will ensure that the victims of violent crime are appropriately covered by ACC and the health system. One of our 15 fundamental principles states that health will cease to be a balance-sheet item and health will be a critical investment in New Zealand's human resource."
Randall Ratana
New Zealand First candidate for Dunedin South

"The Alliance would make sure that everyone who sustains an injury, whether physical or psychological, receives the treatment they need to enable their recovery. We have anecdotal evidence that many people with a range of injuries have not received appropriate treatment due to ACC cost cutting. However, the Alliance is also concerned with the discrepancy in treatment for people who are incapacitated due to illness rather than accident. We would work towards a more equitable treatment for all people whose lives are seriously impaired by health issues."
Kay Murray
Alliance candidate for Dunedin South

"We do not believe the issue of providing therapy for victims of sexual abuse is one that should be provided for through ACC but rather by provision based on a restorative justice system whereby convicted abusers (and all prisoners indeed) should be in work schemes linked to a production-based return, the proceeds of which are credited into a funding system for all victims of crime. Any shortfall would be Government-funded."
Warren Voight
Democrats For Social Credit candidate for Dunedin South

"It seems to me that sexual abuse doesn't readily come under the concept of accident, that modern definitions of sexual abuse cover the most serious crimes through to incidents of no consequence, that it is an area widely abused by fraudulent claims. Serious crimes like rape etc have become vastly more common with sex education in schools and the promotion of sexual immorality. That is what we are fighting. And modern therapy is of doubtful benefit to the victims."
Robert Wansink
Restore All Things in Christ candidate for Dunedin South

"No policy on this specifically. United Future proposes establishing a truly independent committee to review appeals against ACC decisions. This committee would have the power to make recommendations to the government should it find flaws that regularly lead to unfair decisions. I would advocate for sufficient treatment for sexual abuse victims."
Pete George
United Future candidate for Dunedin North

"No one should be turned away when they need help. We support free and supportive care for all victims of sexual abuse. Longer prison sentences need to be given to their attackers."
Julian Crawford
Aotearoa Legalise Cannabis Party candidate for Dunedin North

© Allied Press Limited 2011

http://www.odt.co.nz/election-2011/candidates/186890/election-2011-southern-candidates-answer-questions?page=0%2C0

Stance softened on abuse victims

2011-07-28T11:06:00.003+12:00

An article from the Wanganui Chronicle by Laurel Stowell

ACC has further softened its stance toward people who have been sexually abused, counsellor Fliss Newton says. She is one of just three ACC registered counsellors left in Wanganui. "They've made some changes, so that it's almost as good as it used to be," she said.
In October 2009, ACC changed its policy on "sensitive" claims, requiring clients to prove they had suffered "a diagnosed mental injury" before they got help. The result was long waiting lists, claims refusals and protests. In August last year, the policy was relaxed to allow new clients 16 hours' counselling while they were waiting to see if their claim was accepted.
Ms Newton said that for many, that was all the counselling they needed.
More changes have been announced this month. They follow an independent clinical review by a team that included former Mental Health Commissioner Dr Barbara Disley. The latest changes allow trained people rather than just psychologists to assess clients, and allow clients who have been assessed and had counselling to ask for another 16 sessions. They also let counsellors make less frequent and more open-ended reports on clients' progress, and give clients financial help and rehabilitation if they lose their jobs as a result of the abuse.
People whose claims were declined under the controversial October 2009 policy now have a chance to apply again. "They've made it a lot more user-friendly," Ms Newton said. But Ms Newton said there were still improvements to be made. "It can still take ages for people to get an assessment, and we are not sure how it will go for people who need really long-term counselling."

Levy cuts show government up

2011-07-12T13:23:00.004+12:00

A press release from the ACC Futures Coalition

The announcement today that ACC levies will be drastically cut shows the government cried wolf when it told New Zealanders the ACC scheme was in a funding crisis, according to the ACC Futures Coalition.
“The size of the cuts indicates that Nick Smith’s statements in 2009 that ‘if ACC was an insurance company, it would be insolvent’ was overstated and scaremongering,” said ACC Futures Coalition spokesperson Hazel Armstrong. “ACC has had a substantial cash surplus every year since 2008. Their investments took a hit in the financial crisis but they have come back strongly, as was reasonably predictable based on the better than average performance of the investment team at ACC.
“The government hit the panic button in 2009 and hacked into claims costs, targeting areas like elective surgery, long term claims, sensitive claims and hearing loss. Nearly 40% of the savings that have allowed the levy to be cut have come from cutting claims costs, which will have involved declining more claims,” said Ms Armstrong.
“They overstepped the mark in cutting back on elective surgery – declines increased from 11% in 07/08 to 22% in 09/10, which was outrageous, and many people who should have been treated missed out. Their own internal review report released in May this year showed that they had got it wrong.”
There has been a 20% reduction of people on long term claims. Unfortunately injured people have been kicked off the scheme before they are ready to return to work. The courts are clogged up with cases pending a hearing or waiting on a decision from the court. There are 800 cases currently before the courts. Just a day or two ago the Supreme Court has just issued a landmark decision saying that ACC must comply with the law before it sends people off for vocational independence assessments.
“It is not clear to us whether the government knows what it is doing,” said Ms Armstrong. “If they did know that they could make changes that would lead to levies being reduced (by 17% in the case of earners and 22% in the case of employers) then it appears that they have manipulated the situation just in time for election year. If they didn’t know then they have damaged a lot of people along the way while pursuing illusory actuarial targets. Which is it?”

http://www.scoop.co.nz/stories/PO1107/S00113/levy-cuts-show-government-up.htm

Question for written answer

2011-07-04T14:23:00.002+12:00

5473 (2011). Carmel Sepuloni to the Minister for ACC: In response to Written Question number 02765 (2011) since 1 January 2011, broken down by month, how many casual staff are employed by ACC in the Sensitive Claims Unit?
Hon Dr Nick Smith (Minister for ACC) replied: One casual staff member has been employed since 1 January 2011.
http://www.parliament.nz/en-NZ/PB/Business/QWA/d/3/3/QWA_05473_2011-5473-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

Question for written answer

2011-07-01T14:20:00.006+12:00

5460 (2011). Carmel Sepuloni to the Minister for ACC: How many, if any, contractors have been employed by ACC in the Sensitive Claims Unit since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: 10 contractors have been engaged by ACC in the Sensitive Claims Unit since 1 January 2011.
http://www.parliament.nz/en-NZ/PB/Business/QWA/8/1/3/QWA_05460_2011-5460-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

Sensitive claims provider update released

2011-06-29T16:19:00.002+12:00

A news item from ACC

The first edition of the Sensitive Claims Provider Update has been released. The update is our way of better communicating with our Sensitive Claims providers.

The update covers a number of areas, including:
• Modified process for clients returning to counselling
• Nationwide provider information-sharing roadshows
• Forms, codes and invoicing for returning to counselling
• Update on support sessions

To view the update, see the Sensitive Claims Provider Update – June 2011 (PDF 122K).

http://www.acc.co.nz/news/WPC094789

Sensitive claims - return to counselling update

2011-06-29T16:10:00.014+12:00

A news item from ACC

From 27 June 2011 ACC’s Sensitive Claims Unit has modified the process for clients with an accepted claim returning to ACC for treatment counselling. The aim is for a more client-centred approach using processes and reporting tools that are clear and well understood by providers. How the process works:

• Clients can return to counselling by notifying ACC directly, either by referral from their GP or via an ACC-registered counsellor who completes an ACC719 Initiate Return to Counselling Report.

• Four treatment counselling sessions will be approved for the counsellor, during which the client and counsellor will gather information to complete an ACC720 Therapeutic Assessment and Planning Report. This form should be received by ACC no later than eight weeks after counselling starts.

• On receipt of the ACC720, ACC determines the next steps after considering the report’s recommendations. Up to 16 sessions of treatment counselling can be approved at this point.

• Progress reports are required mid-way and on completion of the approved treatment counselling sessions. Use the ACC291 Progress/Completion Report form for these progress reports.

• The Completion report is reviewed by ACC’s Sensitive Claims Unit and further treatment may be approved. Internal peer review may be requested to help determine the next steps in the recovery process.

Click here to read more.

Help is there for sexual abuse victims

2011-06-25T17:49:00.004+12:00

An article from the Manawatu Standard by Stacey Kirk

Changes to the way ACC manages the claims of sexual abuse sufferers "are an encouraging step", says a Palmerston North sexual abuse counsellor. Counsellor Paulette Berryman, who sits on the Sensitive Claims Advisory Group (SCAG), said she "couldn't be more pleased" with rule changes making it easier for sexual abuse victims to gain support, but she was concerned that abuse victims were not aware of the help to which they were now entitled.
ACC tightened up the process for accessing counselling in October 2009, which triggered protest marches, intense lobbying and media scrutiny.
A report was ordered six months ago which recommended changes including a rule that new claimants and people waiting for a decision on whether they qualify for treatment could now get 16 hours' "support". Only some of the recommendations have been implemented, with the rest being carried out over the next year.
An independent report for the ACC board carried out last month found ACC was making "good progress" in changing the way it manages sensitive claims. Dr Barbara Disley, who also chaired the review in 2010, said the report found ACC had done a good job prioritising the more important tasks.
Mrs Berryman said it felt like the hard work of her and her colleagues across the country had paid off. She said she used to receive four or five inquiries a week about sexual abuse counselling, but those numbers rapidly dropped when claimants found their requests for counselling were being denied. Now, they are entitled to up 16 free sessions.
But Mrs Berryman said that she wasn't sure the information had filtered through to abuse victims. She is hoping to get the message out that help is out there for sexual abuse victims "and don't be afraid to ask".
ACC claims management general manager Denise Cosgrove said ACC recognised the importance of providing support to sexual abuse victims. "We recognise we have some way to go before delivering all the recommended changes but we were pleased to note Dr Disley's acknowledgement of our progress," she said.

ACC sensitive claims: Core concerns yet to be addressed

2011-05-26T20:23:00.007+12:00

A press release by Kyle Macdonald

ACC has released today the six-month report by Dr. Barbara Disley, in follow up to the Independent review of the Sensitive Claims “new pathway” introduced in August 2009.
The report highlights a number of areas where progress has been made, however the key areas that initially led to the protests by the wider sector and professional groups are yet to be addressed: namely the ongoing requirements of an external assessment to access ongoing treatment and the need for claimants to be diagnosed under the DSM-IV.
From the report released today: “SCAG [Sensitive Claims Advisory Group] members are concerned that while access to immeadiate support has been addressed, there has been no change to the clinical pathway processes for clients returning to counselling or reactivating a claim.”
“These issues remain of deep concern, and it’s clear from counsellors and therapists working in the sector that we still struggle to navigate a system that is, at its heart, deeply flawed,” says Kyle MacDonald. “The initial outrage about victims of a crime being required to be diagnosed with a mental illness is yet to be addressed.”
“What remains encouraging is ACC’s ongoing commitment to work with the sector to resolve these issues, and I remain hopeful that we can find a way to re-instate a system that is safe for sexual abuse survivors and restores the sectors faith in ACC.”

http://www.scoop.co.nz/stories/GE1105/S00149/acc-sensitive-claims-core-concerns-yet-to-be-addressed.htm

Encouraging progress on ACC sensitive claims

2011-05-26T15:18:00.005+12:00

A press release from ACC

An independent report for the ACC Board has found that ACC is making good progress implementing changes to its management of sensitive claims.
Prepared by Dr Barbara Disley, who chaired a review of ACC sensitive claims in 2010, the report finds that ACC has made progress in a number of important areas and those are already delivering improved services to clients.
ACC General Manager Denise Cosgrove said that, as a starting point, ACC had focused on four priority areas, which were:
• ensuring immediate access to support for clients, through the 16 hours of support sessions
• improving working relationships with people working in the sexual abuse field
• developing specific services for children and Maori clients
• putting in place a comprehensive work plan for the broader changes that were agreed.
“We’ve worked really hard to implement changes that ensure our clients have fast access to effective support. These changes have also helped us strengthen positive relationships with clients and providers, and that will hold us in good stead for the future”, Ms Cosgrove said.
Report author, Dr Barbara Disley, said she was “satisfied with progress to date and had encouraged ACC to continue working closely with clients and providers to ensure the end-to-end process meets client needs, is timely and of a high quality. I will be reviewing progress again in 12 months and would expect to see all of the initial review’s recommendations being implemented by that time”.
The report notes that there has not yet been enough time to implement all of the review panel’s recommendations, but that ACC has done a good job prioritising the most important tasks first.
“The report does find some areas that still require attention and urges ACC to continue working with sector groups on those. We intend to do so”, Ms Cosgrove said.
A copy of the report can be found at acc.co.nz/news .

http://www.scoop.co.nz/stories/PO1105/S00427/encouraging-progress-on-acc-sensitive-claims.htm

Questions for written answer

2011-05-12T19:52:00.017+12:00

3549 (2011). Carmel Sepuloni to the Minister for ACC: Further to the Minister's response to Written Question 02761 (2011) what date does the Minister expect the six monthly review conducted by Dr Barbara Disley, of ACC's progress in implementing recomendations from the 2010 review of the sensitive claims clinical pathway to be completed?
Hon Dr Nick Smith (Minister for ACC) replied: Dr Disley’s six month review has been completed. This was a review conducted for the ACC Board and the report on the review will be presented to the Board shortly.
http://202.68.89.83/en-NZ/PB/Business/QWA/a/7/1/QWA_03549_2011-3549-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3550 (2011). Carmel Sepuloni to the Minister for ACC: Further to the Minister's response to Written Question 02761 (2011) will the six monthly review conducted by Dr Barbara Disley, of ACC's progress in implementing recomendations from the 2010 review of the sensitive claims clinical pathway be available to the public upon completion; if so when?
Hon Dr Nick Smith (Minister for ACC) replied: Dr Disley’s six month report will be considered by the ACC Board, who will determine its public release.
http://202.68.89.83/en-NZ/PB/Business/QWA/a/f/8/QWA_03550_2011-3550-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3551 (2011). Carmel Sepuloni to the Minister for ACC: Further to the Minister's response to Written Question 02761 (2011) how much is the six monthly review conducted by Dr Barbara Disley, of ACC's progress in implementing recomendations from the 2010 review of the sensitive claims clinical pathway going to cost in dollar terms?
Hon Dr Nick Smith (Minister for ACC) replied: Dr Disley has yet to invoice ACC for her work. However, the estimated cost is $8,625 (incl GST).
http://202.68.89.83/en-NZ/PB/Business/QWA/f/c/4/QWA_03551_2011-3551-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3569 (2011). Carmel Sepuloni to the Minister for ACC: What was the process undertaken by ACC when investigating Dr Peter Jansen's alleged use of personal information of ACC claimant known as Jax?
Hon Dr Nick Smith (Minister for ACC) replied: ACC’s Chief Executive sought a report on the allegations of alleged use of personal information and an investigation was undertaken by ACC’s Head of Assurance Services.
http://202.68.89.83/en-NZ/PB/Business/QWA/1/0/d/QWA_03569_2011-3569-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3570 (2011). Carmel Sepuloni to the Minister for ACC: Has the report referred to in the Radio NZ article dated 7th May 2011 titled "ACC doctor drops court action against abuse victim" been made public; if so where can it be accessed; if not, why not?
Hon Dr Nick Smith (Minister for ACC) replied: ACC will not be publicly releasing the report completed by its Head of Assurance Services, as to do so would disclose the methodology used to determine whether there had been any inappropriate access. If the methodology used was widely disclosed this would prejudice ACC’s ability to detect offences. ACC has been able to confirm that the particular staff member has not accessed the client’s personal information through ACC system applications or accessed any physical claim files.
http://202.68.89.83/en-NZ/PB/Business/QWA/d/0/e/QWA_03570_2011-3570-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3592 (2011). Carmel Sepuloni to the Minister for ACC: Has the Minister recieved any preliminary written or oral reports by the Special Claims Advisory Group regarding the implementation of the recommendations of the Sensitive Claims Pathway Review Panel in September last year?
Hon Dr Nick Smith (Minister for ACC) replied: I received no preliminary written or oral reports by the Sensitive Claims Advisory Group (SCAG) regarding the implementation of the recommendations of the Sensitive Claims Pathway Review Panel in September last year.
http://202.68.89.83/en-NZ/PB/Business/QWA/e/b/4/QWA_03592_2011-3592-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3593 (2011). Carmel Sepuloni to the Minister for ACC: How long, on average, does it currently take for those lodging new sensitive claims to begin recieving their entitlement of 16 hours with a counsellor after their claim has been lodged with ACC?
Hon Dr Nick Smith (Minister for ACC) replied: 46% of new sensitive claims lodged between 16 August 2010 (introduction of support sessions) and 7 May 2011 accessed their first support session prior to lodging a claim with ACC. Of the remaining 54%, it takes18 days, on average, between lodgement of a new sensitive claim and the first support session. These averages are accurate as at 16 May 2011. They have been calculated with information from provider invoices and there may be invoices for support sessions, already undertaken, that are yet to be submitted to ACC.
http://202.68.89.83/en-NZ/PB/Business/QWA/1/3/5/QWA_03593_2011-3593-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

3595 (2011). Carmel Sepuloni to the Minister for ACC: How many of individuals with sensitive claims declined by ACC between 27 of October 2009 and 16 August 2010 have commenced recieving their entitlement of access to 16 hours of support sessions with an ACC registered sexual abuse counsellor?
Hon Dr Nick Smith (Minister for ACC) replied: ACC wrote to all 1688 individuals whose claims were declined between 27 October 2009 and 16 August 2010 offering 16 hours of support sessions with an ACC registered counsellor. 201 have to date taken up this offer.
http://202.68.89.83/en-NZ/PB/Business/QWA/4/f/b/QWA_03595_2011-3595-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

ACC doctor drops court action against abuse victim

2011-05-07T18:33:00.004+12:00

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

2011-05-06T21:03:00.006+12:00

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.

Question for written answer

2011-04-27T16:21:00.002+12:00

2981 (2011). Carmel Sepuloni to the Minister for ACC: What are the ACC support progammes that are solely government funded that have been available since 1 January, 2011?
Hon Dr Nick Smith (Minister for ACC) replied: ACC funds a range of social and vocational rehabilitation support for clients. These include, for example, home help, personal care, counselling, and work preparation programmes. For clients who are earners, these programmes are funded by ACC through levies. Clients who are non-earners have their support programmes funded by government. In some cases, clients may make a contribution.
http://202.68.89.83/en-NZ/PB/Business/QWA/f/3/7/QWA_02981_2011-2981-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

ACC doctor threatens to sue over website

2011-04-22T23:19:00.002+12:00

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.

Questions for written answer

2011-04-21T16:09:00.037+12:00

2731 (2011). Carmel Sepuloni to the Minister for ACC: What are the updated numbers for the sensitive claims, lodged, accepted, declined, awaiting external information, under assessment by ACC for claims decision and duplicate, by month and region since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to the attached table.
http://202.68.89.83/en-NZ/PB/Business/QWA/b/c/3/QWA_02731_2011-2731-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2732 (2011). Carmel Sepuloni to the Minister for ACC: How much, if any, has the Department or Ministry spent on advertising since 1 January 2011, broken down by month and account?
Hon Dr Nick Smith (Minister for ACC) replied: This is an operational matter for the Chief Executive.
http://202.68.89.83/en-NZ/PB/Business/QWA/c/2/7/QWA_02732_2011-2732-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2733 (2011). Carmel Sepuloni to the Minister for ACC: How much, if any, has the Department or Ministry spent on publications 1 January 2011, broken down by month and account?
Hon Dr Nick Smith (Minister for ACC) replied: This is an operational matter for the Chief Executive.
http://202.68.89.83/en-NZ/PB/Business/QWA/9/4/b/QWA_02733_2011-2733-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2734 (2011). Carmel Sepuloni to the Minister for ACC: How many full-time equivalent staff are employed in policy or administrative roles in each Ministry or department for which the Minister is responsible, listed by department?
Hon Dr Nick Smith (Minister for ACC) replied: This is an operational matter for the Chief Executive.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/5/e/QWA_02734_2011-2734-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2753 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims are now pending with ACC, since 1 January 2011, that involve counselling for sex abuse victims and/or victims of domestic violence in Wairarapa?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 9590 (2010).
http://202.68.89.83/en-NZ/PB/Business/QWA/9/5/5/QWA_02753_2011-2753-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2754 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims have been approved by ACC that involve counselling for sex abuse victims and/or victims of domestic violence in Wairarapa since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 9590 (2010).
http://202.68.89.83/en-NZ/PB/Business/QWA/0/5/a/QWA_02754_2011-2754-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2755 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims have been declined by ACC that involve counselling for sex abuse victims and/or victims of domestic violence in Wairarapa since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 9590 (2010).
http://202.68.89.83/en-NZ/PB/Business/QWA/4/2/3/QWA_02755_2011-2755-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2756 (2011). Carmel Sepuloni to the Minister for ACC: How many of the people have approached the ACC’ Sensitive Claims Unit for assistance, by region, since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: Data is not kept on the numbers of people who may have approached ACC.
http://202.68.89.83/en-NZ/PB/Business/QWA/5/7/7/QWA_02756_2011-2756-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2757 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims have ACC approved since 1 January 2011, by month and region?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to my answer to Question No. 02731 (2011).
http://202.68.89.83/en-NZ/PB/Business/QWA/8/d/a/QWA_02757_2011-2757-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2758 (2011). Carmel Sepuloni to the Minister for ACC: How many sensitive claims has ACC declined since 1 January 2011, by month and region?
Hon Dr Nick Smith (Minister for ACC) replied: Corrected reply: I refer the Member to my answer to Question No. 02731 (2011).
http://202.68.89.83/en-NZ/PB/Business/QWA/4/e/3/QWA_02758_2011-2758-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2759 (2011). Carmel Sepuloni to the Minister for ACC: What meetings has the Minister had regarding sensitive claims since 1 January 201, by date and organisation?
Hon Dr Nick Smith (Minister for ACC) replied: I did not have many meetings in the years between 201 and 1964 because I was not born. In the two and a half years since I have been Minister of ACC, I have had many meetings with claimants, counsellors, interest groups, colleagues, the Review Panel and ACC staff but too many to practically list by date and organisation.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/4/d/QWA_02759_2011-2759-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2760 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, oral reports relating to sensitive claims did the Minister receive since 1 January 2011, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: Oral reports rarely have titles and dates, and nor do I keep a paper record of every oral discussion on every issue.
http://202.68.89.83/en-NZ/PB/Business/QWA/b/3/8/QWA_02760_2011-2760-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2761 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, written reports relating to sensitive claims did the Minister receive since 1 January 2011, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: Since 1 January 2011, I have received brief reports relating to sensitive claims in my Weekly Reports from the Chief Executive of ACC, dated: 21 January 2011 United Nations Convention on Rights of the Child (UNCROC) 21 January 2011 Update on Sensitive Claims 28 January 2011 Sensitive Claims Unit (SCU) Update 4 February 2011 Sensitive Claims Unit (SCU) Update 11 February 2011 Sensitive Claims Unit (SCU) 8 April 2011 Six Month Progress Review for Sensitive Claims Shortly, ACC will provide me with the report of the six-month review, conducted by Dr Barbara Disley, of ACC’s progress in implementing recommendations from the 2010 review of the sensitive claims clinical pathway.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/c/f/QWA_02761_2011-2761-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2762 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, papers did the Minister take to Cabinet, relating to sensitive claims and or ACC’s Sensitive Claims Unit, since 1 January 2011, by date and title?
Hon Dr Nick Smith (Minister for ACC) replied: No papers have been taken to Cabinet that relate specifically to sensitive claims.
http://202.68.89.83/en-NZ/PB/Business/QWA/f/9/5/QWA_02762_2011-2762-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2763 (2011). Carmel Sepuloni to the Minister for ACC: What committees, taskforces, or other work groups has the Minister or his officials established since 1 January 2011, relating to sensitive claims?
Hon Dr Nick Smith (Minister for ACC) replied: There have been no committees, taskforces, or working groups established since 1 January 2011.
http://202.68.89.83/en-NZ/PB/Business/QWA/f/b/b/QWA_02763_2011-2763-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2764 (2011). Carmel Sepuloni to the Minister for ACC: What, if any, meetings has the Minister had with groups or individuals since 1 January 2011, by date and group relating to sensitive claims?
Hon Dr Nick Smith (Minister for ACC) replied: I have not had any formal meetings on this issue but have met informally at a number of events with counsellors and people involved in sensitive claims. The consistent message I have received is that the changes made in response to the review I initiated last year are working well and sensitive claimants are getting access in a timely way to the appropriate counselling.
http://202.68.89.83/en-NZ/PB/Business/QWA/0/e/2/QWA_02764_2011-2764-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2765 (2011). Carmel Sepuloni to the Minister for ACC: How many, if any, casual staff are employed by ACC in the Sensitive claims unit?
Hon Dr Nick Smith (Minister for ACC) replied: One casual staff member is employed for 20 hours per week.
http://202.68.89.83/en-NZ/PB/Business/QWA/6/1/f/QWA_02765_2011-2765-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2766 (2011). Carmel Sepuloni to the Minister for ACC: What is the cost of all contractors, if any, hired by ACC’ Sensitive Claims Unit, per week, as broken down by individual contractor, since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I assume the members request includes contracted clinicians and have provided the information requested in the attached table.
http://202.68.89.83/en-NZ/PB/Business/QWA/4/d/b/QWA_02766_2011-2766-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2767 (2011). Carmel Sepuloni to the Minister for ACC: Does ACC’ Sensitive Claims Unit administer any grants or other funding; if so, to which organisations?
Hon Dr Nick Smith (Minister for ACC) replied: The Sensitive Claims Unit does not administer grants or funding.
http://202.68.89.83/en-NZ/PB/Business/QWA/4/7/3/QWA_02767_2011-2767-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2768 (2011). Carmel Sepuloni to the Minister for ACC: What are the dates, titles and reference numbers of all reports prepared for the Minster, relating to Sensitive Claims, since 1 January 2011?
Hon Dr Nick Smith (Minister for ACC) replied: I refer the Member to my answer to Parliamentary Question for Written Answer 02761 (2011).
http://202.68.89.83/en-NZ/PB/Business/QWA/2/e/9/QWA_02768_2011-2768-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

2769 (2011). Carmel Sepuloni to the Minister for ACC: What advice has the Minister sought or received to deal with the implications of the current economic downturn for this portfolio?
Hon Dr Nick Smith (Minister for ACC) replied: As part of ACC’s normal work, it provides me with monitoring reports throughout the year, which update me on ACC’s funding and performance issues. These reports advise significant trends, risks or issues that will impact on ACC’s performance.
http://202.68.89.83/en-NZ/PB/Business/QWA/9/5/c/QWA_02769_2011-2769-2011-Carmel-Sepuloni-to-the-Minister-for-ACC.htm

Statement from Minister on sensitive claims issue

2011-04-15T19:22:00.002+12:00

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

2011-04-15T17:49:00.004+12:00

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.

ACC statement regarding sensitive claims client

2011-04-15T17:24:00.001+12:00

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

2011-04-15T16:57:00.002+12:00

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

2011-04-15T14:13:00.001+12:00

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

2011-04-15T11:16:00.002+12:00

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

2011-04-15T09:30:00.002+12:00

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.

ACC doctor drops lawsuit against sex abuse victim

2011-04-15T08:36:00.002+12:00

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