Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search


ACC Amendments Bill Raises Concerns

ACC Amendments Bill Raises Concerns

"The IPRC Amendment (No 3) Bill tabled in Parliament recently raises several points of concern" states Murray Jorgensen spokesperson for Acclaim. "Of most concern is the legislating to over-ride the Peck vs ACC High Court judgment."

Acclaim has serious concerns about this clause. If claimants consider that rehabilitation they are required to undertake is inappropriate or consider an assessment they are required to undertake is redundant, given the medical evidence already available to the Corporation, it is a claimants' right at present to test the full extent of ACC's decisions.

Under the proposed ammendment if claimants refuse to undertake rehabilitation or assessments and subsequently lose at review this will more than likely result in their never receiving compensation for the period of "non-compliance". Acclaim believes this will reinforce ACC's tendency to coerce claimants into inappropriate assessments or rehabilitation and dissuade claimants from testing this through the review and appeal process.

The second major concern is the lack of right to review and appeal on discretionary decisions. The Minister argues that such protection from review is necessary to prevent such discretion being used "to inappropriately expand the scheme through review and Court decisions".

"We believe a consequence of the exclusion of discretionary decisions from the review and appeal process is likely to result in claimants being forced into the time-consuming and expensive process of judicial review in the High Court to challenge improper exercises of this discretion by the Corporation." Mr Jorgensen says. "This is an access to justice issue, and removal of review and appeal rights should be strongly opposed."

Acclaim strongly urges people concerned about the current state of the IRPC Act and the proposed ammendments to have their say. There is a closing date for submissions of 24 September 2004.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>


Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>


More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>


Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>


General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news