News Video | Policy | GPs | Hospitals | Medical | Mental Health | Welfare | Search

 


ACC inflicts ‘double jeopardy’, says claimant

Media release 14 April 2014

ACC inflicts ‘double jeopardy’, says claimant


A disabled man in Auckland has twice had his weekly compensation stopped by ACC for amending the corporation's standard privacy release form despite a District Court ruling in the claimant’s favour.

ACC specialists have found Peter de Waal, aged 53, to be permanently disabled and suffering a whole body impairment rating of 38 per cent.

In July 2009, Mr de Waal’s compensation was stopped by ACC after he amended their privacy release form 167 to reflect a prior agreement with ACC.

Under this prior agreement, which a judge later found had been running smoothly since February 2001, ACC had agreed to contact Mr de Waal on a case-by-case basis whenever the corporation wished to release private information to a medical practitioner.

“Eight years later, however, ACC unilaterally demanded that I sign their 167 form,” said Mr de Waal. “They simply ignored their own privacy agreement with me. When I stuck to this original agreement, they cut me off my compensation three days after the birth of my first child when my partner was recovering from a cesarian operation.”

“In effect, ACC demanded the right to release any or all my private information to whoever they wished for the rest of my life, with no ability for me to check on what they were doing and why.”

In October 2012, Justice Joyce in the Auckland District Court found in Mr de Waal’s favour and ordered the resumption of his weekly compensation backdated to when it had been cut off.

But a month ago, on 14 March 2014, ACC again stopped Mr de Waal’s compensation after he inserted the same amendment into their privacy release form.

“I don't believe that ACC has the legal power to overturn a Court decision,” commented Mr de Waal. “But that’s what they’ve just done. So I ask: Is this right? I think that ACC is inflicting double jeopardy on me, by their second termination of my compensation in defiance of a prior Court ruling.”

“And I hear they're taking similar actions against other ACC claimants. That’s why I’m making this public stand.”

--

District Court ruling by Justice Joyce, October 2012:

“The appeal is allowed so that the Corporation's decision of 21 July 2009 is set aside.

“It will now be for the Corporation to inquire into and see to the meeting of such entitlements as in the meantime Mr de Waal may have lost out on on account of the suspension of entitlements effected by that decision.”

© Scoop Media

 
 
 
 
 
Culture Headlines | Health Headlines | Education Headlines

 
Sheep: Shearing Record Smashed In Hawke’s Bay

Three shearers gathered from around New Zealand have smashed a World record by 264 sheep despite the heat, the pumiced sheep of inland Hawke’s Bay and a year’s wool weighing an average of over 3.5kg a sheep. More>>

ALSO:

Carrie Fisher: Hollywood In-Breeding & The Velocity Of Being - Binoy Kampmark

There was always going to be a good deal of thick drama around Carrie Fisher, by her own confession, a product of Hollywood in-breeding. Her parents, Debbie Reynolds and the crooner Eddie Fisher, provided ample material for the gossip columns in a marriage breakup after Eddie sped away with Elizabeth Taylor. More>>

  • Image: Tracey Nearmy / EPA
  • Gordon Campbell: On The Best Albums Of 2016

    OK, I’m not even going to try and rationalise this surrender to a ‘best of’ listicle. Still…maybe there is an argument for making some semblance of narrative order out of a year that brought us Trump, Brexit and the deaths of Prince, David Bowie, Leonard Cohen and Alan Vega, who I missed just as much as the Big Three. So without further ado….oh, but first a word from the sponsor More>>

    Emojis: World’s First Māori Emoji App Launched

    It’s here - the world’s first Māori emoji app Emotiki has landed just in time for summer roadtrips and santa stockings, with 200 Māori and Kiwi cultural icons for people to share their kiwiana moments with each other and the world. More>>

    ALSO:

    Howard Davis: Album Of The Year - Van Morrison's 'Keep Me Singing'

    2016 was a grand year for Van The Man - The Belfast Cowboy turned 71, received a knighthood, and reissued an expanded set of soul-fired live recordings from 1973 ('It's Too Late to Stop Now'). In the game for 53 years now, Morrison's albums consistently open new windows into the heart and soul of one of the most enigmatic figures in modern music. More>>

    Review: The NZSO Performs Handel's Messiah

    Max Rashbrooke: Saturday night's performance took the piece back to something like the way it would have originally been performed when premiered in 1742, with an orchestra of 20-30 players and only a few more singers. More>>

    Culture: Rare Hundertwasser Conservation Posters Found After 40 Years

    When Jan and Arnold Heine put a roll of conservation posters into storage in 1974 they had no idea that 42 years later they would be collectors items. More>>

    Get More From Scoop

     
     

    LATEST HEADLINES

     
     
     
     
    Health
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news