34. ENVIRONMENTAL SUSTAINABILITY
34.1.  The Supplier will perform the Services in a manner that gives appropriate regard to the protection of
the natural environment. The Supplier will comply with all environmentally related Laws relating to the
Services being offered.
34.2.  The Supplier will ensure any opportunities for improvement in ACC’s environmental performance
identified by the Supplier’s employees or subcontractors are reported to ACC’s Contract Manager.
35. INFORMATION MANAGEMENT
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35.1.  The Supplier must:
35.1.1.  keep and maintain records using prudent business practice and according to all applicable
Law;
35.1.2.  make sure the records are reasonably easy to access; and
35.1.3.  keep the records safe in accordance with Good Industry Practice.
35.2.  Subject to Clause 30 (Intellectual Property) and Clause 36 (Information/Confidentiality) in this
agreement, whenever, either during or after the Term of the Agreement, the Supplier is called upon
to do so by ACC’s Contract Manager (or their representative), the Supplier shall deliver to ACC all
correspondence, documents, papers, digital library and other property of any nature which may be in
its possession or power and which belongs to ACC, or relates to the affairs or business of ACC (but
is not Confidential Information), provided that this power will not be exercised by ACC if it will hinder
the performance of this Agreement by the Supplier.
INFORMATION
35.3.  Clause 35.1 extends equally to any copy of all or part of the correspondence, documents, paper,
digital library or other property referred to in that clause.
35.4.  The Supplier will provide all information in a format that can be used by ACC and within a reasonable
time.
35.5.  If the information is required in order to comply with an inquiry or ACC’s statutory, parliamentary, or
other reporting obligations, the Supplier must cooperate with ACC to provide the information
immediately.
35.6.  The Supplier must make the Supplier’s records   available to ACC during the Term of the Agreement
and for 10 years after the end date (unless the Supplier has already provided them to ACC).
35.7.  The Supplier must ensure that records provided by ACC or created for ACC are securely managed.
When records are disposed of, the Supplier must ensure they are securely destroyed.
35.8.  The Supplier will hold the ACC customer’s file provided by ACC to the Supplier for a period of at least
90 Working Days after the conclusion of a review decision being issued.
35.9.  In this clause 35, “records” means all information and data necessary to manage this Agreement and
deliver the Services, including records generated by the Supplier or a Reviewer in the process of
providing Services including Reviewer notes, review decision, transcript and sound recording, but
does not incude an ACC customer’s file provided by ACC to the Supplier.
36. INFORMATION/CONFIDENTIALITY
General
36.1.  Each party confirms that it has adequate security measures to safeguard the other party’s
Confidential Information from unauthorised access or use by third parties, and that it will not disclose
the other party’s Confidential Information, subject to clause 36.2.
No breach
36.2.  Disclosure of information in the following circumstances shall not be a breach of clause 36.1:
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36.2.1.  by a party on a confidential basis to its representatives, employees, contractors and agents with a
need to know for the purposes of that party:
36.2.1.1. providing or receiving the Services; or

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36.2.1.2. seeking or obtaining professional advice, including from solicitors, auditors and
accountants,
provided that party informs such persons of the confidential nature of the Confidential Information;
36.2.2.  to the extent that the information has become generally available to the public other than as
a result of unauthorised disclosure by a party;
36.2.3.  to the extent that the information was or is developed independently by the party receiving
the information without reference to any confidential information of the party disclosing that
information;
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36.2.4.  was or is disclosed to the receiving party by a third party other than in breach of confidence
by the third party and in circumstances not importing an on-going obligation of confidence in
respect of the information;
36.2.5.  to the extent that a party is required to disclose the same pursuant to Law (including the
Official Information Act 1982), Ministerial direction, parliamentary convention or select
committee question;
36.2.6.  to the extent that it is necessary and reasonable for ACC to disclose certain information
(such as the name of the Supplier) to ensure the efficient and uninterrupted operation of this
Agreement;
36.2.7.  if the other party gives prior written approval to the use or disclosure;
36.2.8.  as provided in this Agreement;
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36.2.9.  to the appropriate regulatory authority because of suspected collusive or anti-competitive
tendering behaviour;  or
36.2.10. to the ACC Complaints Investigator
36.2.11. in accordance with a separate research agreement that has been approved by ACC
including by the relevant ethics committee;
but, in each case, any such disclosure shall be subject to the provisions of the Privacy Act 1993.
High Profile Issues
36.3.  If, in relation to the Services or the operation of this Agreement, either party:
36.3.1.  becomes aware of a complaint, or any issue which, in that party’s opinion, is or may have
media or public interest, that party will immediately advise the other party; or
36.3.2.  is required to provide information to any person under the Official Information Act 1982 or
other legislation, that party will promptly advise the other party.
37. PROTECTION OF PERSONAL INFORMATION
37.1.  The Supplier will comply with the Health Information Privacy Code 1994 (where applicable), the
Privacy Act 1993 and any other Laws relating to privacy and protection of personal information and
the Supplier will:
37.1.1.  ensure that any personal or health information a Supplier holds about an ACC customer is
protected by reasonable security safeguards against loss or unauthorised access, use,
modification or disclosure;
37.1.2.  only access, collect, use, disclose, store, process, transfer or otherwise handle any
information about ACC customers as instructed by ACC and as necessary to perform the
Services, and for no other purpose;
37.1.3.  appoint a privacy officer;
37.1.4.  have a privacy policy that:
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37.1.4.1. includes what to do if there is a privacy breach (including procedures to promptly
advise ACC); and
37.1.4.2. complies with any reasonable ACC policy provided by ACC to the Supplier; and

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37.1.5.  comply with all reasonable directions of ACC relating to collecting, using, disclosing, deleting
and otherwise managing personal information in the course of the Services, including:
37.1.5.1. using appropriate procedures to privacy check information before sending it;
37.1.5.2. using couriers for delivery of physical documentation; and
37.1.5.3. transferring data electronically using a “secure file transfer” protocol approved by ACC.
37.2.  The Supplier will ensure that all of its personnel and subcontractors who are required to deal with
personal information as part of providing the Services are made aware of, and comply with, the
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Supplier’s obligations under this clause 37.
37.3.  The Supplier will maintain a privacy register.  The register will contain details of every breach and
close call that relates to the Services in this Agreement (including meeting the requirements as
defined in ACC's privacy policy provided to the Supplier from time to time).  The Supplier will also
document the actions taken to resolve each breach or prevent future close calls.  The Supplier will
provide the privacy register to ACC whenever requested.
37.4.  The Supplier agrees that ACC may assess the Supplier’s privacy policy and practices. The Supplier
will cooperate with any privacy assessment, including completing self-assessments on request.
37.5.  Without limiting clause 37.1, the Supplier shall escalate a privacy breach concerning information that
relates to Services in this Agreement to ACC under the following procedure:
37.5.1.  Any breach will be notified to ACC’s Contract Manager by phone and email as soon the
Supplier is aware of the breach situation.
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37.5.2.  The Supplier and ACC will then work together to manage the consequences and implications
of the breach, including in accordance with ACC’s issues management procedures.
37.5.3.  The Supplier will not comment publicly, including to the media, about the breach without
written permission of one of ACC’s Contract Manager.
37.6.  The Supplier shall, where required by ACC from time to time, provide to ACC all information required
by ACC about any privacy breach, including by making available such employees or contractors of
the Supplier to assist ACC manage the implications for it and its Customers arising from the breach.
38. LOCATION OF DATA
38.1.  The Supplier must ensure that the systems it uses to store records and information relevant to the
Services and this Agreement, including any cloud-based systems, are located in New Zealand or
Australia. The Supplier must not transmit, transfer, process or store any records and information
relevant to the Services and this Agreement outside New Zealand or Australia without ACC’s express
prior written consent.
39. NEW ZEALAND LAW, CURRENCY AND TIMES
General
39.1.  This Agreement will be governed by and construed by the laws of New Zealand. All money is in New
Zealand dollars, unless Schedule 2 - Pricing Schedule specifies a different currency. Dates and times
are New Zealand time.
Submission to jurisdiction
39.2.  Each of the parties irrevocably and unconditionally agree that the New Zealand courts have
jurisdiction to hear and determine each suit, action or proceedings, and to settle disputes, which may
arise out of or in connection with this Agreement and for those purposes irrevocably submits to the
jurisdiction of the New Zealand courts.
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40. PRECEDENCE
40.1.  If there is any conflict or difference between the documents forming this Agreement, then the order of
precedence is:
•
A Variation agreed between the parties in accordance with clause 18
•
Clauses 1 to 43 of this Agreement
•
Schedule 1 - Scope of Services
•
Schedule 2 - Pricing Schedule
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•
Schedule 3 - Service KPIs and SLAs
•
Schedule 4 - Contact Details
•
Schedule 5 - Business Continuity Plan and Disaster Recovery Plan
41. LIABILITY
41.1.  Maximum liability:  Subject to clauses 41.3 and 41.4, the maximum aggregate liability of each party
to the other under or in connection with this Agreement or in respect of the Services, whether in
contract, tort (including for negligence), breach of statutory duty or otherwise, must not for any event
exceed 9(2)(b)(ii)
41.2.  Exclusion of certain loss:  Subject to clause 41.3, neither party is liable to the other under or in
connection with this Agreement for any claim for indirect, consequential or special loss or damage.
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41.3.  No liability:  The Supplier shall not be held to be in breach of this Agreement to the extent that the
breach is a direct result of an act or omission of ACC or of another ACC supplier, provided that the
Supplier uses its best endeavours to minimise the impact of that breach.
41.4.  No limitation:  The limitation in clause 41.1 will not apply to:
41.4.1.  any losses arising as a result of a breach by the Supplier of clause 30, clause 36 and clause
37; or
41.4.2.  any fraudulent, intentionally tortious or unlawful acts or omissions of, or wilful misconduct by,
the Supplier.
42. ANTI-COLLUSION CLAUSE
42.1.  The Supplier must not consult or communicate with any other supplier, or potential supplier, of the
Services to ACC, or enter into any arrangement or understanding with any other supplier, or potential
supplier, of the Services to ACC in relation to any matter which is likely to or may have the effect of
reducing competition for the Services including:
42.1.1.  Prices for the Services;
42.1.2.  Methods, factors or formulas used to calculate fees for the Services;
42.1.3.  The quality, quantity of specifications of the Services.
43. DEFINITIONS AND INTERPRETATION
DEFINITIONS:
In this Agreement, unless the context otherwise requires:
“ACC” means Accident Compensation Corporation. ACC also refers to employees, agents, nominated
representatives and its successors, and permitted contractors and/or joint ventures;
“AC Act” means the Accident Compensation Act 2001
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“Accredited Employer Services” means the services described in paragraph 4.3 of Schedule 1 – Scope of
Services which involve the provision of Reviewer Administration Services;

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“Approved Customer Satisfaction Survey” has the meaning given to it in paragraph 2.4.1 of Schedule 1 –
Scope of Services;
“Commencement Date” has the meaning given to it in clause 1.1;
“Confidential Information” means information that:
(a) is by its nature confidential;
(b) is marked by either party as ‘confidential’, ‘in confidence’, ‘restricted’ or ‘commercial in confidence’
(c) is provided by either party or a third party ‘in confidence’
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(d) either party knows or ought to know is confidential, or
(e) is of a sensitive nature or commercially sensitive to either party;
“Conflict of Interest” arises if a party or its personnel's or contractors’ personal or business interests or
obligations do or could conflict or be perceived to conflict with its obligations under this Agreement. It means
that its independence, objectivity or impartiality can be called into question. A Conflict of Interest may be:
(a) actual: where the conflict currently exists
(b) potential: where the conflict is about to happen or could happen, or
(c) perceived: where other people may reasonably think that a person is compromised;
“Customer” means the ACC claimant, applicant, employer or levy payer (as applicable) in relation to a
Referred Matter;
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“Date of Expiry” means the Initial Term Expiry Date and/or the Extension Term Expiry Date, as applicable;
“Dispute Resolution Services” means the services described in paragraph 5 of Schedule 1 – Scope of
Services;
“Extension Term Expiry Date” has the meaning given to that term in clause 1.2;
“Fees” means the amount payable to the Supplier for the time spent in delivery of the Services calculated on
the basis stated in Schedule 2;
“Force Majeure” means an event beyond the reasonable control of the party immediately affected by the
event. If the party claiming could have prevented or overcome any risk or event by taking reasonable care, it
is not a force majeure event. Examples of force majeure events include:
(a) ‘acts of God’ such as lightning strikes, earthquakes, tsunamis, volcanic eruptions, floods, storms,
explosions, fires, pandemics and any natural disaster;
(b) acts of war (whether declared or not) such as invasion, actions of foreign enemies, military
mobilisation, requisition or embargo;
(c) acts of public enemies such as terrorism, riots, civil commotion, malicious damage, sabotage,
rebellion, insurrection, revolution or military usurped power or civil war; and/or
(d) contamination by radioactivity from nuclear substances or germ warfare or any other such
hazardous properties;
“Good Industry Practice” means using standards, practices, methods and procedures conforming to all
applicable Law and exercising that degree of skill, care, diligence, prudence and foresight that would
reasonably be expected from a reputable, efficient, professionally qualified, competent and skilled
organisation experienced in carrying out activities of a similar nature, scope and complexity to the Services;
“Initial Term Expiry Date” has the meaning given to that term in clause 1.1;
“Insolvency Event” means:
(a) the appointment of a receiver or receiver and manager or statutory manager in respect of the whole
or part of the activity or property of the Supplier;
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(b) the Supplier entering into, or resolving to enter into, a scheme of arrangement or composition for
the benefit of creditors or any class of creditors;

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(c) the Supplier suspending or stopping payment to its creditors generally or ceasing to carry on
business as normal, or threatening or stating that it will do any of those things;
(d) an event analogous in nature to those listed in parts (a) to (c) of this definition, under the laws of
any relevant jurisdiction;
“Intellectual Property Rights” means all industrial and intellectual property rights and interests of any kind
including but not limited to copyright, trade mark, design, artwork, patent, company names or other
proprietary rights;
“KPIs” or “Key Performance Indicators” means the key performance indicators identified as such in
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Schedule 3;
“Law” means any New Zealand statutes, rules of common law, regulations, ordinances or bylaws or
subordinate legislation in force from time to time and, in the case of the Supplier, includes any applicable
industry codes of conduct or codes of practice, and any contract or other enforceable obligation of the
Supplier;
“Letter of Engagement” means a letter from ACC engaging a Reviewer to undertake Review Services;
“Material” and “Materially” means, in relation to any state of affairs, event or effect, anything which in a
major way affects or will affect the ability of a party to perform or comply with the terms of this Agreement;
“New Intellectual Property Rights” means Intellectual Property Rights developed under or in connection
with this Agreement after the Commencement Date of this Agreement;
“Notice” means a formal or legal communication from one party to the other that meets the requirements of
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clause 26;
“Performance Notice” means a written notice given by ACC to the Supplier under clause 19 which
specifies a Performance Issue;
“Pre-existing Intellectual Property Rights” means Intellectual Property Rights developed before the
Commencement Date of this Agreement, or developed independently of this Agreement;
“Referred Matter” means a matter in relation to which the Supplier is providing Reviewer Administration
Services, Dispute Resolution Services or Accredited Employer Services and for which Reviewers are
providing Review Services; and “Refer” has a corresponding meaning;
“Senior Manager” means the persons listed in Schedule 4 -   Contact Details as ACC’s Senior Manager
and the Supplier’s Senior Manager respectively, as updated by the parties from time to time by Notice in
writing to the other party;
“Reviewer” means a person engaged by ACC and facilitated by the Supplier to provide Review Services as
described in Part 5 of the AC Act, and who has been provided with, and agreed to, a Letter of Engagement
from ACC;
“Review Services” means the review services provided by Reviewers as described in Part 5 of the AC Act;
“Reviewer Administration Services” means the services described in paragraph 3.2 of Schedule 1 –
Scope of Services, and includes Accredited Employer Services;
“Services” and “Service” means the Services to be provided by the Supplier under this Agreement as
more particularly set out in the Specifications in Schedule 1 - Scope of Services, and includes the Reviewer
Administration Services and the Dispute Resolution Services, as applicable;
“Supplier” has the meaning given to that term in the signing page of this Agreement and includes that
party’s employees, agents, contractors, successors and permitted assignees;
“Term” means the period between the Commencement Date, and the Date of Expiry or Date of Termination
(whichever occurs first);
“Unresolved Performance Notice” has the meaning given to that term in clause 19.3;
“Variation” means a variation to this Agreement in accordance with clause 18;
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“Working Day” means any day when most businesses are open for business in New Zealand. It excludes
Saturdays, Sunday and public holidays. A Working Day starts at 8.30am and ends at 5.00pm.

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INTERPRETATION:
Defined Expressions: Expressions defined in the main body of this Agreement bear that meaning in the
whole of this Agreement including the schedules and the recitals unless the context otherwise requires.
Gender: Words importing one gender shall include all genders.
Schedules etc.: References to schedules, clauses and sub-clauses are references to schedules, clauses
and sub-clauses of this Agreement.
Plural and Singular: Words importing the singular shall include the plural and vice versa unless the context
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otherwise requires.
Headings: Clause and other headings are for ease of reference only and shall not be deemed to form any
part of the context or to affect the interpretation of this Agreement.
Statutory provisions: References to statutes, regulations, ordinances, bylaws or other instruments include
any amendment, substitution or re-enactment.
Documents: references to any document (however described) are references to that document as modified,
novated, supplemented, varied or replaced from time to time, and in any form, whether paper based or in
electronic form.
Inclusive Expressions:  wherever the words includes or including (or any similar words) are used, they
are deemed to be followed by the words "without limitation".

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Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE  Page 28 of 52

Schedule 1 - Scope of Services
1.
OBJECTIVES
1.1.
ACC and the Supplier acknowledge and agree that the key objectives they wish to achieve as part of
the Services are:
1.1.1.
early customer engagement giving Customers the opportunity to be heard; and
1.1.2.
timely resolution of disputed decisions through Review and/or dispute resolution (as
applicable).
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2.
GENERAL REQUIREMENTS
2.1.
Regular Reporting:  The Supplier will provide: the monthly reports, by no later than the 5th day of
each month. The monthly reports will consist of:
2.1.1.
performance: against each of the KPI’s and the adjournment service level (monthly and year
to date);
2.1.2.
work on hand, including as part of the Accredited Employer Services:
2.1.2.1.  total reviews/ADR on hand (month and year to date);
2.1.2.2.  total reviews received (month and year to date); and
2.1.2.3.  total adjournments (month and year to date) and rationales;
2.1.3.
work disposed of, including as part of the Accredited Employer Services:
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2.1.3.1.  total reviews completed (month and year to date); and
2.1.3.2.  total ADR completed (month and year to date);
2.1.4.
health and safety incidents;
2.1.5.
continuous improvement; and
2.1.6.
such additional reports as ACC requests from time to time,
and such reports to be in the form of the reporting template(s) provided by ACC.

2.2.
ACC referral:  When ACC receives an application for review under Part 5 of the AC Act, ACC may
Refer the matter to Review Services, after which the Supplier will provide Reviewer Administration
Services in respect of each such review and/or Dispute Resolution Services. A matter may be
resolved by a combination of Review Services and Dispute Resolution Services.
2.3.
General:  In providing the Services, the Supplier will:
2.3.1.
comply with the AC Act, and/ or Part 6 of the Accident Insurance Act 1998, Part 6 of the
Accident Rehabilitation and Compensation Insurance Act 1992, Part 9 of the Accident
Compensation Act 1982 and in Part 7 Accident Compensation Act 1972 and any subsequent
amendments, whichever is/are applicable;
2.3.2.
work effectively across ACC’s diverse range of Customers, appreciating and respecting the
important cultural dimensions and taking account of individual customer needs;
2.3.3.
ensure it has sufficient capacity and resources:
2.3.3.1.  to provide Services as and when required by ACC; and
2.3.3.2.  to deal with large claim files (which may be longer than 6000 pages), which may
include a significant amount of technical / medical detail.
2.3.4.
as soon as the Supplier is aware, advise ACC of any proceeding that has commenced
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relating to the Services in which the Supplier has been named as a respondent.;

2.4.
Customer Satisfaction Survey:
2.4.1.
The Supplier will prepare a customer satisfaction survey and will provide such customer
satisfaction survey to ACC for approval.  Once approved by ACC, the customer satisfaction
survey will be the “Approved Customer Satisfaction Survey”.

2.4.2.
The Supplier will be required to send the Approved Customer Satisfaction Survey to each
relevant Customer:
2.4.2.1.  in the case of Reviewer Administration Services, prior to the Reviewer issuing its
review decision; and
2.4.2.2.  in the case of Dispute Resolution Services, at an appropriate time following the
meeting described in paragraph 5.6.
2.5.
Complaints management process: The Supplier must establish a complaints management
process and appoint an internal complaints investigator.  The internal complaints investigator must
be a separate individual to the person who provides the Services in respect of a particular Referred ACT
Matter.
2.6.
In-person meetings:
2.6.1.
Where required, the Supplier will hold or arrange for, as applicable, in-person meetings in
Hawkes Bay (Hastings/Napier), Whangarei, Auckland, Hamilton, New Plymouth, Wellington,
Blenheim/Nelson, Christchurch or Dunedin.
2.6.2.
Venues where in-person meetings will occur:
2.6.2.1.  will either comply with ACC’s minimum Building Security standards, as attached to
Annex 1 of Schedule 1, or.where a venue does not comply with the minimum
Building Security standards, the Supplier will take reasonable steps to minimise
any risk to the Supplier and those attending the in-person meeting caused by such
non-compliance; and
2.6.2.2.  subject to clause 33.2, will be able to be set up in accordance with the layout
INFORMATION
shown in Annex 4 to this Schedule 1.
2.6.3.
The Supplier is responsible for carrying out annual audits of the venues, and rooms, in which
in-person meetings occur to check that the venues and rooms meet the standards described
in paragraph 2.6.2.  Where the Supplier identifies any non-compliance with the standards
during an audit, the Supplier will notify ACC of such non-compliance and, where possible,
will take reasonable action to address such non-compliance.
2.7.
Deemed Review Decision:
2.7.1.
The Supplier will provide the Services in a manner so as to avoid a “deemed review
decision” occurring under section 146 of the AC Act.  This may involve the Supplier
organising a hearing date so as to avoid a “deemed review decision” occurring.
2.7.2.
Under section 146 of the AC Act, a deemed review decision means that the Reviewer is
deemed to have made a decision on a review in favour of the applicant for review on the
date which is three months after the review application is received by ACC if:
2.7.2.1.  a date for a review hearing has not been set within three months after the date that
a review application is received by ACC; and
2.7.2.2.  the applicant for review did not cause or contribute to the delay.
2.7.3.
Where ACC has provided instructions in a timely manner and the actions or inaction of the
Supplier in providing the Services result in a deemed decision under section 146 of the AC
Act, ACC may, by notice, claim from the Supplier costs (including amounts ACC is required
to pay to a Customer), liabilities and losses suffered or incurred by ACC as a direct result of
the deemed decision.  Determination of whether ACC will make a claim against the Supplier
under this paragraph will lie with ACC's Head of Operations following a recommendation
from ACC’s Manager Resolution Services and following consultation with the Supplier’s
Contract Manager.
2.8.
Staffing:
2.8.1.
Any contract of service or contract for services entered into with staff providing Reviewer
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Administration Services or Dispute Resolution Services will include a provision which
requires the individual to comply with all the duties and obligations imposed under the AC
Act including the obligation to act independently of ACC.
2.8.2.
The provision of all staff will be at the Supplier's expense.
2.8.3.
At all times those employees interfacing with the public will be employees who are
appropriate for that work and have the degree of skill care and diligence of a competent

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professional required to pleasantly and helpfully deal with the public in all circumstances in a
manner consistent with the requirements of the AC Act.
2.8.4.
Non performing staff will be managed by the Supplier in accordance with its performance
management policies or contracts respectively.
3.
REVIEWER ADMINISTRATION SERVICES
3.1.
Overview:
3.1.1
Application: This clause 3,clause 4,and clause 6 apply if Reviewer Administration Services
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are included in the list on the first substantive page of this Agreement under the heading “Services
included in this Agreement”.
3.1.2
ACC referral:  When ACC receives an application for review under Part 5 of the AC Act,
ACC may Refer the matter to the Supplier for the Supplier to allocate the review to a Reviewer. ACC
will indicate whether the Referred Matter is Referred for the Supplier to provide Reviewer
Administration Services only or a combination of Reviewer Administration Services and Dispute
Resolution Services.
3.2.
For each Referred Matter for Reviewer Administration Services, the Reviewer Administration
Services will consist of, as applicable:
3.2.1.
undertaking case conferences;
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3.2.2.
arranging formal review hearings where the relevant Reviewers will hear the review
application;
3.2.3.
facilitating on the papers reviews, which means that ACC will provide submissions to the
Supplier to provide to the Reviewer and the Reviewer will conduct the review without holding
a hearing;
3.2.4.
the provision of a documented review decision prepared by the Reviewer to advise ACC and
the Customer of the outcome of the review process;
3.2.5.
where requested by ACC, the Supplier will provide a transcript in accordance with paragraph
3.16;
3.2.6.
engagement with Accredited Employers or their third party administrators, as described in
paragraph 4 of this Schedule 1; and
3.2.7.
promptly paying each Reviewer for the Review Services provided in accordance with the
Agreement.
3.3.
Skills:  The Supplier will ensure that before providing ACC with a list of individuals who have
indicated to the Supplier their interest in acting as Reviewers, the Supplier considers the individuals
have the following capabilities:
3.3.1.
a specific understanding of, and experience applying, Laws relating to ACC and Laws
relating to privacy;
3.3.2.
an understanding of, and experience applying, medico-law or clinical comprehension; and
3.3.3.
an understanding of dispute resolution.
3.4.
Capacity:  The Supplier will ensure it has the resources, personnel and capacity to:
3.4.1.
administer a minimum of 500 reviews per year if required.  The Supplier acknowledges that
ACC is under no obligation to Refer 500 reviews per year to the Supplier to administer; and
3.4.2.
undertake case conferences within a minimum of 10 Working Days’ notification from ACC.
3.5.
Video conference presence:  The Supplier agrees that it will arrange for case review hearings and
RELEASED UNDER THE OFFICIAL
if requested case conferences mainly to be conducted using video conferencing. The Supplier will
be responsible for ensuring it has secure video conferencing capabilities as necessary for the
Supplier to provide the Services.
3.6.
Process:
3.6.1.
The Supplier will provide a monthly rolling, forward schedule of Reviewer availability for case
conferences at least two months in advance.

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3.6.2.
ACC will Refer reviews to the Supplier as and when required.  ACC will start the process by
scheduling a case conference with the Supplier, either manually or through a scheduling
tool.

3.6.3.
When Referring a matter to the Supplier, ACC will provide the Supplier with a minimum of 10
Working Days’ notification of the case conference.
3.6.4.
Once ACC has Referred a matter to the Supplier:
3.6.4.1.  the Supplier will be responsible for carrying out all administrative functions in
relation to the review process;
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3.6.4.2.  the Supplier will allocate the review to a Reviewer to provide Review Services;
3.6.4.3.  the Supplier will notify the Customer of the case conference date, using the
Customer’s preferred method of notification;
3.6.4.4.  ACC will provide the Customer with information on ‘what to expect’ from a case
conference and review hearing; and
3.6.4.5.  ACC will provide the Supplier (including for provision to the relevant Reviewer) and
the Customer with documents and information relevant to the Referred Matter no
less then 8 Working Days prior to the case conference.  In respect of the
Accredited Employer Services, the Accredited Employer (as that term is defined in
paragraph 4.1) must provide the full file and any other information relevant to the
Referred Matter prior to the case conference. INFORMATION
3.6.5.
ACC will provide the relevant documents to the Supplier by electronic file transfer unless
otherwise agreed by the Parties. Both parties agree that files which are transmitted via
electronic file transfer up to 23.59 on a Working Day are deemed received on that day.
Where electronic file transfer is used, the electronic file transfer receipt is the agreed record
of time of receipt.
3.7.
Case conference:
3.7.1.  The Reviewer will undertake case conferences by teleconference, unless a Customer
specifically requests a video conference. The case conference is expected to be a maximum
of 30 minutes duration, unless exceptional circumstances apply.
3.7.2.  The Supplier must ensure a case conference is completed prior to any review hearing.
3.7.3.  The case conference will consist of:
3.7.3.1.  discussion of the matter in dispute;
3.7.3.2.  consideration of other options for resolution;
3.7.3.3.  agreeing the timetable for gathering any additional information;
3.7.3.4.  preparation of the parties for review; and
3.7.3.5.  setting the review hearing date if required.
3.7.4.
The case conference may result in:
3.7.4.1.  a withdrawn review;
3.7.4.2.  an agreement to proceed with alternative resolution options; and/or
3.7.4.3.  an agreement on a practical review hearing date, such date to allow time for the
parties to prepare and gather any additional information or supporting evidence
that may be required. If this is the case, the Supplier will provide written notice of
the review hearing date to all parties.
RELEASED UNDER THE OFFICIAL
3.8.
Withdrawal: If for any reason a review is to be withdrawn after the Supplier has been requested to
arrange a review hearing, ACC will advise the Supplier in writing as soon as reasonable of the date
of the withdrawal and confirm that all other parties to the review have been advised (names and
addresses).  If the Supplier receives a withdrawal notification other than from ACC, the Supplier will
advise ACC in writing within one Working Day of the date of the withdrawal and confirm whether all
other parties to the review (where applicable) have been advised (names and addresses).  Following

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a withdrawal, the Supplier will be entitled to invoice ACC for the withdrawn review fee described in
Schedule 2 – Pricing.
3.9.
Review hearings:
3.9.1.
The Supplier will ensure that review hearings are conducted by Reviewers in accordance
with the requirements of Part 5 of the AC Act, and that the Reviewer uses an investigative
approach.
3.9.2.
Review hearings will typically be scheduled for one hour, with the Reviewer, the Customer
(and any other relevant parties) and ACC using videoconference to attend (with
teleconference as a back-up option).
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3.9.3.
In-person hearings will be held only as required by the Customer.
3.9.4.
ACC will provide written submissions to the Supplier to pass on to the Reviewer, or to the
Reviewer directly, at least 10 Working Days prior to the review hearing.
3.9.5.
As part of the review process, the Reviewer will consider the review application, any new
supporting documentation, the written submissions and the original decision to determine
the appropriate course of action.
3.9.6.
Within 28 Days of the date of the review hearing, the Reviewer will issue a binding written
review decision to ACC and the Customer in accordance with Part 5 of the AC Act, which
will detail:
3.9.6.1.  the outcomes of the review process; and
3.9.6.2.  whether review costs are awarded (in accordance with the Accident Compensation
INFORMATION
(Review Costs and Appeals) Regulations 2002).
3.9.7.
Exceptional case fees: in exceptional cases (which may be simple or complex cases by
category, but which have become very time consuming due the nature of the issues,
evidence, parties or other factors) the Supplier may notify the ACC Relationship Manager
and request approval for the agreed number of hours to be charged, at an hourly rate set out
in Schedule 2.  ACC will respond as soon as practicable.
3.10.  Appeal: The Customer and ACC can appeal, to the District Court, the Reviewer’s decision or a
decision as to the award of costs. The timeframe in which to appeal is 28 Days from the date of the
review decision.
3.11.  Adjournments: Where the Customer or ACC request an adjournment, the Reviewer may in their
discretion grant the adjournment request as it sees fit.  The Supplier is subject to a service level
relating to adjournments, as set out in Schedule 3.
3.12.  Internal peer review process:  The Supplier must establish an internal peer review process, and as
part of this internal peer review process, the Supplier will ensure that the Reviewers’ review
decisions are reviewed for quality.
3.13.  External review:
3.13.1.  ACC will engage an independent external peer reviewer to review a sample of each
Reviewer's review decisions to check the decisions for consistency and quality.
3.13.2.  Where requested by ACC, the Supplier will submit to the external reviewer such number of
Reviewer review decisions as requested by ACC to be provided.  Prior to sending the review
decisions to the external reviewer, the Supplier will carry out such redactions on the
decisions as are necessary to remove any identifying information, including any personal
information.
3.13.3.  The external reviewer will:
3.13.3.1. review the decisions issued by Reviewers and provided by the Supplier; and
3.13.3.2. provide the Supplier (and ACC on request) with a report evaluating the review
decisions issued by Reviewers provided by the Supplier and the report will include
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a score between 1 and 5 for each review decision, with 5 the highest score. If
ACC receives the report with the external reviewer’s analysis and scores ACC will
not have any involvement in the evaluation of the review decisions other than
receipt of this report.
3.13.4.  The Supplier will consider the feedback in the report provided by the external reviewer and
take such feedback on board in its provision of the Services going forward.

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3.13.5.  The Supplier is subject to a KPI relating to external reviews, as described in Schedule 3 –
Service KPIs.
3.14.  Storage of the full record of a review hearing:
3.14.1.  The Supplier will, on behalf of ACC, keep a record of the evidence given at review hearings
managed by the Supplier for ten years from the date the decisions are issued, at which time
the recording will be securely destroyed.
3.14.2.  The record of a review hearing will be available in the form of a written transcript or
electronic sound file in accordance with section 154 of the AC Act.
3.14.3.  The Supplier will maintain a register of all the recordings of review hearings kept.
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3.15.  Transcripts:  Where an appeal is lodged against a review decision, ACC will provide written notice
to the Supplier requesting that the Supplier provide a transcript of the review hearing and any
additional review hearing notes. Following such request, the Supplier will promptly:
3.15.1.  provide a complete transcript of the review hearing and any additional review hearing notes;
and
3.15.2.  certify the transcript and notes are accurate.
4.
ACCREDITED EMPLOYER SCHEME:
4.1.
In this paragraph 4:
4.1.1.  “Accredited Employer” means an employer who enters into an Accredited Employer
Agreement.
INFORMATION
4.1.2.  "Accredited Employer Agreement" means an Accredited Employer Programme Accreditation
Agreement entered into between ACC and an employer under the framework established
under section 183 of the AC Act.
4.1.3.  “Claimant” has the same meaning as that expression has in any relevant Accredited
Employer Agreement.
4.1.4.
"Injured Employee" has the same meaning as that expression has in any relevant Accredited
Employer Agreement.
4.2.
Under the “Accredited Employer Programme Accreditation Agreements”, ACC has certain functions,
duties and powers in respect of reviews and appeals relating to Injured Employees. ACC and the
Supplier agree that the Supplier will allocate Reviewers to provide review services as set out in
Schedule B of the Accredited Employer Agreement.
4.3.
The Supplier will provide Reviewer Administration Services to Accredited Employers on the same
basis as the Supplier provides Reviewer Administration Services to ACC, subject to this paragraph 4.
4.4.
The Supplier will perform and discharge its obligations under this paragraph 4 and ACC authorises
the Supplier to invoice Accredited Employers for the performance of such obligations from the
Commencement Date until the later of one calendar month after ACC provides the Supplier with
written notice cancelling the Services provided under this paragraph 4 of this Schedule 1 and any
date specified in such a notice (such period being the "Term" of this paragraph 4).
4.5.
The Supplier agrees that during the Term it will, provide Reviewer Administration Services to
Accredited Employers:
4.5.1.  On the same terms and prices as specified in this Agreement (with any minor changes to
administration to reflect the Accredited Employer arrangement); and
4.5.2.  As if “ACC” in Schedule 1 and Schedule 2 was a reference to a particular Accredited
Employer except that an Accredited Employer cannot exercise or enforce rights which by
their nature are intended to be exclusive to ACC. In particular, the Services provided by the
Supplier to an Accredited Employer will include:
4.5.2.1.  Receiving the full file relating to the Referred Matter and copies of the application
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for review completed by the Claimant (including the initial decision and the
administrative review decision notified under the Accredited Employer Agreement).
4.5.2.2.  Where requested by ACC, requesting and receiving a certificate from the relevant
Accredited Employer in writing confirming that the Claimant has been provided with
a copy of the application for review completed by the Claimant and a full copy of
the claim file that contains all the information relating to the claim that is, and has

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been, in the possession of the Accredited Employer, and that the claim file is the
full file.
4.5.2.3.  Sending the Customer a letter acknowledging receipt of the application for review
and explaining the effect of sections 146 and 147 of the Act and sending the
Accredited Employer a copy of the same letter.
4.5.2.4.  Thereafter providing Reviewer Administration Services in accordance with the Act
and in accordance with paragraph 3 of this Schedule 1.

4.6.
The Supplier will notify ACC if it does not receive the full claim file and certificate where they are
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requested by ACC. The Supplier will also notify ACC if an Accredited Employer fails to disclose any
relevant information that it has either to the Supplier or to the Claimant. ACC will require the
Accredited Employer to comply with the relevant performance requirements set out in the Accredited
Employer Agreement.
4.7.
Supplier instructed to allocate a Reviewer:   When the Supplier receives a Referral for a matter
from an Accredited Employer, the Supplier will allocate a Reviewer to undertake review services
under Schedule B of the Accredited Employer Agreement. The Supplier will provide Reviewer
Administration Services, and invoice Accredited Employers directly in respect of the Services
described in this paragraph 4 and appeals relating to Injured Employees, and generally to manage
the customer relationship with the Accredited Employer in respect of reviews, appeals and other
dispute resolution services listed in this paragraph 4. The Supplier will also allocate Reviewers to
conduct Accredited Employer lump sum technical determinations as provided under Schedule AA of
the Accredited Employer Agreement.  The Accredited Employer must represent ACC on the review
except where the application for review is against a decision that the Injured Employee did not suffer
INFORMATION
work-related personal injury.  Where the exception applies, the Accredited Employer may represent
its own interests as a party, and ACC may represent itself.
4.8.
Supplier to invoice Accredited Employers directly:
4.8.1.
The Supplier will, in its own name, invoice each Accredited Employer for the costs (plus
GST) of administering each review in accordance with the applicable charges set out in
Schedule 2 -Pricing, being the costs which the Accredited Employer must pay under clause
B 6.9 of each Accredited Employer Agreement. The Supplier will collect payment from such
Accredited Employer.
4.8.2.
If all or part of an amount invoiced against an Accredited Employer by the Supplier has not
been paid within three calendar months of the relevant invoice, the Supplier will report this to
ACC, providing full particulars relating to the outstanding amount, and may take any
enforcement action to recover the amount unless ACC instructs otherwise, in which case
ACC will pay the outstanding amount to the Supplier.
4.8.3.
By agreement between ACC and the Supplier, in the event an Accredited Employer has not
paid a valid invoice for Accredited Employer Services after 60 Days, as a result of becoming
insolvent, the Supplier will assign to ACC the amount of any debt owing to it, and upon doing
so, the Supplier shall be released from any further liability in respect thereof to ACC.
4.9.
Supplier to manage relationship: The Supplier will competently and carefully manage the
relationship with each Accredited Employer concerning reviews and appeals in relation to Injured
Employees and will maintain at all times a cordial and business-like relationship. However, the
Supplier will act in these respects subject to any instruction it receives from ACC, provided none of
the above compromises the need for independence.
5.
DISPUTE RESOLUTION SERVICES

5.1.
Application: This clause 5 applies if Dispute Resolution Services are included in the list on the first
substantive page of this Agreement under the heading “Services included in this Agreement”.
5.1.1.
ACC referral: When ACC receives an application for review under Part 5 of the AC Act, or
RELEASED UNDER THE OFFICIAL
there is a dispute between ACC and a Customer (but an application for review has not been
received), ACC may Refer the matter to the Supplier for the Supplier to provide Dispute
Resolution Services. ACC will indicate whether the Referred Matter is Referred for the
Supplier to provide Reviewer Administration Services only or a combination of Reviewer
Administration Services and Dispute Resolution Services.

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5.1.2.
Where a Referred Matter contains an application for review, and ACC considers it may also
be appropriate for Dispute Resolution Services to be provided, and the Supplier is instructed
to provide a combination of Dispute Resolution Services and Reviewer  Administration
Services, the Supplier will ensure that the application for review is dealt with in accordance
with the timeframes in the AC Act (including in particular that a date for hearing is set within
three (3) months of the date the application for review was received by ACC).
5.2.
Overview:  Dispute resolution services will include:
5.2.1.
early neutral evaluation, mediation, conciliation or negotiation, as appropriate depending on
the relevant case;
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5.2.2.
the provision of an agreement to participate in dispute resolution, which the Customer and
ACC will sign; and
5.2.3.
the provision of an outcome notice as described in paragraph 5.7.
5.3.
Skills:  The Supplier will ensure that its personnel undertaking the Dispute Resolution Services have
the following capabilities:
5.3.1.
a specific understanding of, and experience applying, Laws relating to ACC and Laws
relating to privacy;
5.3.2.
an understanding of, and experience applying, medico-law or clinical comprehension; and
5.3.3.  a specific understanding of, and experience applying, all forms of dispute resolution,
including early neutral evaluation, mediation, conciliation or negotiation.
5.4.
Allocation:
INFORMATION
5.4.1.
A Customer may be referred to Dispute Resolution Services at any stage of the review
process.  For example, ACC may request the Supplier to provide Dispute Resolution
Services in the following circumstances:
5.4.1.1.1.
where ACC considers that a claim is appropriate for dispute resolution; and/or
5.4.1.1.2.
following a request from a Customer that the claim be resolved usingdispute
resolution.
5.5.
Dispute Resolution:  Once the Supplier receives a Referral to provide Dispute Resolution Services,
the Supplier will:
5.5.1.
work with ACC and the Customer to determine an appropriate method of dispute resolution
for the matter; and
5.5.2.
arrange for a time and place to have the dispute resolution meeting, suitable to ACC and the
Customer, and using a room set up with the layout shown in Annex 4.
5.6.
Meeting: The Supplier will hold a meeting with ACC and the Customer, and the Supplier will use the
agreed dispute resolution method to try and facilitate a resolution for the dispute between ACC and
the Customer.
5.7.
Outcome Notice: Following the meeting described in paragraph 5.6, the Supplier will promptly
issue a written notice to ACC and the Customer, which will detail:
5.7.1.  the agreement that was reached between ACC and the Customer at the meeting.
5.8.
No agreement reached: If the Customer and ACC do not reach agreement at the meeting described
in paragraph 5.6, the Customer will decide whether:
5.8.1.
they want to withdraw their review application; or
5.8.2.
they want the Referred Matter to proceed to a hearing, in which ACC may instruct the
Supplier to provide the required Reviewer Administration Services (if this Agreement
includes Reviewer Adminsitration Services).

RELEASED UNDER THE OFFICIAL
6.
APPEALS
6.1
Background
This clause sets out the basis on which the Reviewer Adminstration Supplier will provide services
relating to storing of records of review hearings, preparation of documentation for the appeals
process where a review decision is appealed to the District Court.

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6.2
Services
Storage of the full record of a review hearing
6.2.1  The Supplier will, on behalf of ACC, keep a record of the evidence given at review hearings
managed by the Supplier for ten  years from the date the decisions are issued, at which
time the recording will be destroyed.
6.2.2  The record of a review hearing will be available in the form of a written transcript or
electronic sound file in accordance with section 154 of the AC Act.
6.2.3  The Supplier will maintain a register of all the recordings of review hearings kept.
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6.3
Administration and Preparation of Documentation
6.3.1. ACC will provide, within five  (5)  Working  Days of receiving notice from the Registrar
pursuant to Section 153 of the AC Act, written notice to the Supplier advising that an appeal
has been lodged.
6.3.2. The notice will identify the name of the Appellant, the name of the Customer (if different
from that of the Appellant), the name of the Accredited Employer (if ACC is not managing
the claim) responsible for management of the matter, the Claim Number, the name of the
relevant ACC staff member, the date the decision was issued and the name of the
Reviewer who issued the decision.
6.3.3. Within three (3) Working Days of receipt of notice from ACC, the Supplier will request in
writing that two photocopies be taken of the Customer’s file, that one copy be retained at
INFORMATION
ACC’s managing branch and that one copy and the original be forwarded to the Supplier.
6.3.4. The branch of ACC will forward the original file and a photocopy of the file requested under
clause 6.2.3 above to be sent to the Supplier within 10 Working Days of the date on which
the request was faxed.
6.3.5. The Supplier will:
•
arrange for the recording of the evidence of the hearing to be transcribed;
•
arrange, verify and certify that the transcript of the hearing is an accurate record;
and
•
forward a copy of the completed transcript to ACC’s managing branch to enable the
branch to disclose the transcript on request pursuant to section 154 (2) of the AC
Act.
6.3.4  Forward  the original certified transcript, the photocopied file and a copy  of the certified
transcript to ACC within 15 Working Days of receipt of notice from ACC under clause 6.2.1
above.  These documents shall be forwarded by courier with a trace facility.

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ACT

Annexes to Schedule 1 - ACC Policies

Annex 1 – Minimum Building Security Standards

Annex 1A - Building
Security Procedure.do

INFORMATION

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Annex 2 - Third Party Health & Safety Incident Reporting
INFORMATION

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RELEASED UNDER THE OFFICIAL

Annex 3 - Provider Health & Safety Risks
This table shows the top ten health and safety risks identified by ACC as relevant to where ACC has
overlapping duties for health and safety matters with third party providers. Note: not all may be directly
relevant.

Ref
Risk
Source of harm
Controls ACC has in place
#
9(2)(c)
TP1-
Aggressive
Actual or potential for physical and/or
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1
or
mental harm/distress because of
threatening
customer behaviour – includes
situations
physical/sexual assault, death threat,
directed
threat with a weapon, verbal
toward third
aggression/abuse, stalking, abusive
party service
behaviour, unpredictable or erratic
providers
behaviour, inappropriate sexual conduct,
coercion to assist with drug-taking,
customers influenced by alcohol or other
drugs, disclosure of intention to harm
others or self, actual self-harm by
customer.
INFORMATION
TP1-
Reliability
Actual or potential for physical and/or
2
and
mental harm/distress because of
efficiency of
customer behaviour where security guard
security
services are provided in response to
guard
higher risk situations. The most common
services
locations where security guard services
are engaged to support third party
providers are at the provider premises,
other offsite locations such as a Review
location, or shared community facility, or
an ACC office. There are occasions
where they are engaged to support a
provider at a customer’s home, a gated
community or a residential rehabilitation
facility. Hazards include reliability of the
service once engaged and the impact a
no-show or inappropriate service
provision has on the provider’s work-day
management.
TP1-
Driving motor  Motor vehicle accidents due to driver
Risk identified as part of H&S risk
3
vehicles on
behaviour (including fatigue), vehicle
assessment phase of procurement
urban and
condition/suitability or other factors such
process; Provider’s risk mitigation
rural roads
as adverse weather conditions, difficult
strategies examined as part of the
driving terrain and remote/isolated
RFP evaluation; Incident reporting
locations.
procedures; National coverage
considered as part of RFI/RFP
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process; Contract pricing takes
account of coverage required of the
service.

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Ref
Risk
Source of harm
Controls ACC has in place
#
TP1-
Bullying and
Actual or potential for mental
9(2)(c)
4
harassment,
harm/distress, including via internet,
including
email, social media and social networking
cyber
sites. This can include where a customer
bullying
sends abusive / threatening / harassing
emails to the provider, tracks or otherwise
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obtains information about a provider
online (e.g., Facebook; twitter) or via
other publicly accessible records (e.g.,
electoral rolls, telephone records, vehicle
ownership, property ownership, company,
trust or charity records), or mentions a
provider by name on forums or
chatrooms.
TP1-
Unknown
Locations include the customer’s home
5
environments  and community/public settings. Hazards
and
that are specific to the location are
INFORMATION
unmanaged
unknown or unidentified prior to the
localities
provider visit and therefore can’t be
managed/planned for in advance. These
risks can include uncontrolled dogs,
smoking in the home, open drug use, sale
of drugs, poor home safety (unclean,
cold, uneven floors, slippery surfaces,
communicable disease risk).
TP1-
Unknown
Customers can choose who provides their  9(2)(h)
6
carers
paid care and support under some
arrangements. This may be from a
provider who holds a contract with ACC,
an agency that doesn’t hold a contract
with ACC, or from someone they know
(whanāu/family or friends). Risks arise
from the potential exposure to aggressive
or threatening situations during customer
interactions and also from the work and
work tasks (including equipment) taking
place.
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Ref
Risk
Source of harm
Controls ACC has in place
#
TP1-
Carer
Actual or potential for physical harm from 9(2)(c)
7
training /
carers (or to carers) operating equipment
equipment
provided in the home (e.g., hoists / other
use and
moving equipment), or failure to ensure
maintenance
regular equipment maintenance, or
because of the physical aspects of the
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work (e.g., lifting; patient handling). Other
hazards that may be encountered are the
use of household electrical or mechanical
equipment that may be unsafe (e.g.,
vacuum cleaners, lawn mowers,
overloaded powerboards).
INFORMATION
TP1-
Unknown
Actual or potential for physical and/or
8
associations
mental harm/distress because of the
behaviour of unknown associations of the
customer receiving the service. This can
include gang affiliations or a customer
residing in a situation where there is also
another ACC customer (e.g., flatting).
Family/whanāu/non-family members may
be present and aggressive/abusive.
Customer’s support person or advocate
may be care indicated.
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Ref
Risk
Source of harm
Controls ACC has in place
#
TP1-
Working solo
Hazards that lone workers may encounter 9(2)(c)
9
or in isolated
include accidents or emergencies arising
locations
out of the work, including inadequate
provision of first aid or communication
devices; sudden illnesses; inadequate
provision of rest, hygiene and welfare
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facilities; vulnerability to physical violence
from customers or members of the public.
Working in isolated locations incorporates
aspects of the risks expressed in TP1-3,
TP1-4 and TP1-8, as well as
psychological challenges of working alone
or isolated.
TP1-
Institution
Actual or potential for physical harm when
10
facility risk
a provider attends to a customer in an
institution such as a school, hospital,
prison, residential rehabilitation facility, or
INFORMATION
nursing home. Providers may encounter
illness or communicable disease, physical
violence from customers or other
members of the facility or system
breakdowns within the facility that put the
provider at increased risk.

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9(2)(c)
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INFORMATION
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Schedule 2 - Pricing Schedule

Fees

In this Schedule 2:

1.  A Standard Review means a review that is not a Complex Review.
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2.  A Complex Review means a review that ACC identifies as a complex review in its “ACC6239 Instruction”
form.
3.  A multi-issue Dispute means a review that ACC identifies as a multi-issue in it’s ACC8026 Alternative
Dispute Resolution cover sheet.
4.  The fees in this Schedule 2 apply to Accredited Employer Services, except that the Supplier will be
invoicing Accredited Employers (as that term is defined in Schedule 1 – Scope of Services) directly in
accordance with paragraph 4.8 of Schedule 1 – Scope of Services.
Note: include pricing only for the services included for this Supplier
INFORMATION
Reviewer Administration Services*
Fee (exclusive of
GST)
9(2)(b)(ii)
Standard Reviews
Complex Reviews
Withdrawn Reviews (meaning where the review is withdrawn prior to the case
conference occurring or the review is not set down for hearing)
In-person Hearings (additional fee on top of review/mediation set-fee)
Customer non-attendance at scheduled In-Person Hearing (to a maximum of
two non-attendances per review)
Transcript Fee
Exceptional Case Fee (where pre-approved by ACC)

* To avoid doubt, the fees set out in the table above include fees for the Review Services, which the Supplier
shall pay directly to the relevant Reviewers for Review Services provided by them.

Dispute Resolution Services
Fee (exclusive
of GST)
9(2)(b)(ii)
Dispute Resolution Fee
Multi issue Dispute
In-person  Dispute Resolution  (additional fee on top of Dispute
RELEASED UNDER THE OFFICIAL
Resolution/mediation set-fee)
Customer non-attendance at schedule In-person Dispute Resolution meeting
(to a maximum of two non-attendances per matter)

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9(2)(b)(ii)
Withdrawn dispute resolution
Exceptional Case Fee (where pre-approved by ACC)

The Supplier will be entitled to invoice ACC, no more than once per calendar month, in accordance with
clause 12 on completion of the relevant Service, which means:
o
In the case of Reviewer Administration Services: the relevant case has been successfully
concluded:
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a)  where the review is withdrawn by the Customer.  Where the review is withdrawn:
i.
prior to the case conference or in the event of the hearing not being set down, the
Supplier will be entitled to invoice ACC for the withdrawn review fee; or
ii.
at or following the case conference, or after the review has been set down, the
Supplier will be entitled to invoice ACC for the standard review or complex review
fee, depending on which category the review falls into; or
b)  where the Reviewer issues a review decision to the Customer and ACC in accordance with
paragraph 3.9.6 of Schedule 1 – Scope of Services, the Supplier will be entitled to invoice
ACC for the standard review or complex review fee, depending on which category the
review falls into.
o
In the case of Dispute Resolution Services (including where Dispute Resolution Services are
provided in parallel with Reviewer Administration Services):
INFORMATION
a)  where the Supplier issues an outcome notice to the Customer and ACC in accordance with
paragraph 5.7 of Schedule 1 – Scope of Services, in which case the Supplier can invoice
the dispute resolution fee of 9(2)(b) ;
b)  where the dispute resolution do
(ii)es not proceed because the Customer decides they do not
want to participate in dispute resolution, in which case the Supplier can invoice the
withdrawn dispute resolution fee of9(2)(b) ;
c)  where at or following the direct profes
(ii)sional intervention of the supplier or a dispute
resolution meeting:
i.
the review is withdrawn by the Customer; or
ii.
no agreement is reached between the Customer and ACC, and the Referred Matter
will proceed to a review hearing as described in paragraph 3.9 of Schedule 1 –
Scope of Services;
in which case the Supplier can invoice the dispute resolution fee of9(2)(b)
;
d)  in addition to any fees invoiced under paragraph (c)(ii) above, if:   (ii)
i.
the Customer withdraws the review prior to a case conference or hearing, the
Supplier may invoice for the withdrawn dispute resolution fee of 9(2)(b) ; or
ii.
the Referred Matter proceeds to a review hearing, on completion of
(ii)  the review
hearing the Supplier may invoice ACC for the standard review or complex review
fee, depending on which category the review falls into.

5.  Where the Supplier is providing Services in relation to a claim which is currently under appeal in the
District Court (or higher court), ACC and the Supplier may negotiate and agree on a fee to be payable for
the Services provided while the Customer is waiting for a decision from the District Court. This fee must
be approved by ACC before these services are provided. The fee will be based on an hourly rate of
9(2)(b) (excluding GST).
(ii)
RELEASED UNDER THE OFFICIAL

Permitted Expenses

6.  The Supplier may invoice ACC for the actual (with no mark-up) reasonable costs of hiring:

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE  Page 46 of 52

o
a security guard if required for a in-person meeting, to ensure safe review hearings can be
conducted. This will apply either on the Supplier's premises or in hired venues;
o
kaumātua and/or kuia and other costs associated with a tikanga Māori process; or
o
a translation/interpreter, where required.
7.  Invoices for the above cost will be provided to ACC on request.
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8.  It is anticipated that the fees described in this Schedule 2 for in-person meetings will cover almost all
travel costs.  ACC will consider negotiating additional travel costs with the Supplier in very rare
circumstances where a in-person meeting occurs over 50 kilometres outside of the specified locations,
and where extenuating circumstances apply.  Any such additional travel costs must be approved in
writing by ACC.

INFORMATION
RELEASED UNDER THE OFFICIAL

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE  Page 47 of 52

Schedule 3 - Service KPIs and SLAs

1.  The Supplier will provide the Services so as to meet the KPIs and service levels described in this
Schedule 3.
2.  Where the Supplier meets all of the KPIs applicable to the Services they are providing over a calendar
quarter, the Supplier will receive an additional payment that is equivalent to 2.5% of the aggregate value
of the invoices for the calendar quarter in question. The Supplier will invoice ACC for this additional
ACT
payment with its invoice for the next month’s Services after the next quarterly meeting is held with ACC,
as described in clause 5.6.
3.  The KPIs and SLAs for Reviewer Administration Services apply if apply if Reviewer Administration Services
are included in the list on the first substantive page of this Agreement under the heading “Services
included in this Agreement”.
4.  The KPIs for Dispute Resolution Services apply if Dispute Resolution Services are included in the list on
the first substantive page of this Agreement under the heading “Services included in this Agreement”.
5.  ACC and the Supplier will actively review the KPIs, every six months for the first two years of the
Agreement and annually thereafter. If such reviews identify agreed flaws in the KPI descriptions or
INFORMATION
targets, new descriptions and/or targets which address the flaws may be part of a Notice to the Supplier
issued by ACC under clause 18.2.
6.  Reviewer Administration Services
KPIs

Deliverable
KPI Description
Target
Quality of Reviewer
9(2)(b)(ii)
Administration
Services
Reviews are
completed in a timely
manner
Customer satisfaction
Review application is
set down
RELEASED UNDER THE OFFICIAL

Service levels (“SLAs”)

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE  Page 48 of 52

9(2)(b)(ii)
Adjournments

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7. Dispute Resolution Services
KPIs

Deliverable
KPI Description
Measure
9(2)(b)(ii)
Dispute Resolution
Services are
completed in a timely
manner
INFORMATION
Customer satisfaction

RELEASED UNDER THE OFFICIAL

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE Page 49 of 52

Schedule 4 - Contact Details

ACC Contract Manager

Name:
9(2)(a)

Role / Title:
Manager Resolution Services
Postal address:
PO Box 242, Wellington 6140
Physical
Justice Centre, 19 Aitken Street,
address:
Thorndon, Wellington
ACT
Phone:
9(2)(a)

Email:
9(2)(a)

ACC Relationship Manager

Name:
9(2)(a)

Role / Title:
Senior Resolution Specialist
Postal address:
PO Box 242, Wellington 6140
Physical
Justice Centre, 19 Aitken Street,
address:
Thorndon, Wellington
Phone:
9(2)(a)

Email:
9(2)(a)

INFORMATION

Supplier Contract Manager (Key Account Manager)

Name:
Warren Forster
Role / Title:
Managing Director
Postal address:
PO Box 12047
Beckenham
Christchurch 8242
Physical
9(2)(a)

address:

Phone:
9(2)(a)

Email:
9(2)(a)

Supplier Senior Manager

Name:
Matthew Clayton
Role / Title:
Services Director
Postal address:
PO Box 12047
Beckenham
Christchurch 8242
Physical
9(2)(a)

address:

Phone:
9(2)(a)

Email:
9(2)(a)

RELEASED UNDER THE OFFICIAL

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE Page 50 of 52

Schedule 5 - Business Continuity Plan and Disaster Recovery Plan
This is included as separate document.
ACT
INFORMATION
RELEASED UNDER THE OFFICIAL

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE Page 51 of 52

Schedule 6 – Health & Safety Plan

This is included as separate document.
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INFORMATION
RELEASED UNDER THE OFFICIAL

Agreement for Reviewer Administration Services and Dispute Resolution COMMERCIAL IN CONFIDENCE Page 52 of 52

Document Outline

TMR Contract GOV-012470