Justice demand for ACC claimants

Lobby group and lawyers want big changes and reject Govt proposal for tribunal to replace district court

Lawyers and a support group are calling for big changes to the accident compensation scheme, saying it stops many people from seeking justice. The group — Acclaim Otago — today releases a report rejecting the Government’s plan to downgrade the main appeal route against the Accident Compensation Corporation decision to a tribunal.

At the moment the process goes through the district court.

The group started research for the report after lawyers Peter Sara and Warren Forster — who specialise in ACC law — found out last June there were moves to introduce a new ACC tribunal.

In today’s report, they say the present system is unfair and any reform to the process should be considered in light of four barriers: People’s access to law, barriers related to evidence, claimants not feeling they are being heard and barriers to legal representation.

The researchers, led by Mr Forster, argue that ACC — as initial decisionmaker and serial litigant — has become a legal expert.

“This systematically disadvantages individual claimants, who are unfamiliar with what they need to do to succeed in court,” said Mr Forster.

The report says the costs of litigation and obtaining a medical opinion are a barrier for many. Legal aid was inadequate and costs awarded in the ACC review process were often delayed and covered at best 30 per cent of actual costs.

Mr Forster said ACC had money to spend on high-quality legal and medical expertise and changes were needed to give more resources to claimants. The research report says Acclaim’s survey of more than 600 claimants found 85 per cent believed the ACC dispute resolution process did not provide access to justice.

Of those who received an adverse ACC decision, at least half reported reduced independence, or worse physical or mental health.

Nearly a third reported a relationship breakdown or loss of their job.

The Government, which was given an advance copy of the report, on Tuesday pre-empted its release by announcing a hold on the new tribunal until it consults affected groups, looks at other options and assesses ACC’s “early resolution” efforts to reduce the number of appeals.

The Cabinet will make a decision in December.

ACC Minister Nikki Kaye also promised a review of the rates paid to doctors and lawyers for their work in ACC decision reviews, an import- ant issue in the research report.

Yesterday she told the Herald she had read the report and would be taking into account concerns raised.

Justice Ministry documents released to the Acclaim Otago support and lobby group show Chief District Court Judge Jan-Marie Doogue indicated to officials that a tribunal was unsuitable for the complexity of ACC disputes.

— additional reporting: Vaimoana Tapaleao