Ex-All Black ad­mits se­cond fraud

Chi­ro­prac­tor struck off over fake ACC claims

The New Zealand Herald - - News - Belinda Feek

Aformer All Black and Auck­land chi­ro­prac­tor has been struck off after ad­mit­ting de­fraud­ing ACC for a se­cond time.

Dean Ju­lian Kenny, a half­back for the All Blacks in 1986 and an Otago player be­tween 1981 and 1989, was first con­victed of ACC fraud in 2010.

The 57-year-old’s lat­est of­fend­ing — in which he was con­victed of us­ing an ACC doc­u­ment to ob­tain a pe­cu­niary ad­van­tage — was be­tween March 5, 2016 and July 31, 2016.

Kenny lodged ACC claims for the treat­ment of 52 pa­tients who he had not treated and made “mul­ti­ple claims” in re­spect of many of the pa­tients, a Health Prac­ti­tion­ers Dis­ci­plinary Tri­bunal de­ci­sion stated. The fake claims came after he vol­un­teered his ser­vices dur­ing an Auck­land sec­ondary school’s row­ing team trip.

Court doc­u­ments show Kenny ac­knowl­edged he had not treated some of the clients and said he had treated cer­tain clients two or three times a day but knew he would only get paid for one, say­ing that he “felt he was en­ti­tled to be paid for the ex­tra treat­ments”.

He was con­victed and sen­tenced to four months’ com­mu­nity de­ten­tion in the North Shore District Court and or­dered to pay repa­ra­tion of $1282.72.

The tri­bunal held a hear­ing in Septem­ber when Kenny was a no-show. The tri­bunal found the con­vic­tion up­held and that it re­flected ad­versely on his fit­ness to prac­tise.

It said the only con­tact they’d had from Kenny was an email in 2017 stat­ing that he had “de­cided to re­voke my non-prac­tis­ing Chi­ro­prac­tic Li­cence with the [CBNZ] and will not be associated . . . with prac­tis­ing Chi­ro­prac­tic and be­ing called a chi­ro­prac­tor in New Zealand”.

The tri­bunal’s de­ci­sion stated the ACC scheme op­er­ated on a trust-based sys­tem and could not func­tion ef­fec­tively un­less health prac­ti­tion­ers claimed monies when they were en­ti­tled to do so.

“[Dr Kenny] . . . jeop­ar­dised the in­ter­ests of the dif­fer­ent clients in ques­tion by claim­ing for funds and for treat­ment pur­port­edly hav­ing been given to them when in fact it had not.

“Dr Kenny’s ac­tions . . . brought dis­credit to his pro­fes­sion [and that] re­flects ad­versely on his fit­ness to prac­tise as a chi­ro­prac­tor.”

As well as hav­ing his chi­ro­prac­tor’s reg­is­tra­tion can­celled and be­ing cen­sured, he was or­dered to pay costs of $10,000.

Kenny also hit the head­lines in 2005 after a row with im­mi­gra­tion who wouldn’t let his Welsh wife, Amanda, stay in the coun­try. The Ken­nys even­tu­ally won their battle.

Dean Kenny made ACC claims for the treat­ment of 52 clients who he had not treated, with mul­ti­ple claims against some of those pa­tients.

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