12 July 2022
J Buckingham [FYI request #19684 email]
Kia ora J Buckingham,
Your Official Information Act request, reference: GOV-018835
Thank you for your email of 16 June 2022, asking for the following information under the Official
Information Act 1982 (the Act):
1. If and how employers that hold ERAs are audited to ensure compliance with the agreement
2. Any complaint process if a client reports an employer is incorrectly paying them ACC weekly
compensation under an ERA
3. Any process for a client to opt to be paid by ACC rather than their employer
4. Finally, I also request any statistics on number of employers for the last two financial years if ACC
has withdrawn any ERA agreements based on incorrect payment or reimbursement claimed by an
employer and detail of action taken against employer, if any.
Employer reimbursement agreement (ERA) employers sign a legal agreement with ACC
This allows them to pay weekly compensation to their employees on ACC’s behalf, and seek reimbursement
ERA employers are often public service organisations such as NZ Police, Department of
Corrections, and the Ministry of Education. They may pay an additional 20% of an employee’s salary that is
not covered by ACC.
As no ERA auditing process is completed by ACC as such, your request for auditing information is refused
under section 18(e) of the Act, as the information does not exist.
Under an ERA, ACC advises the employer how much to pay their employee; and an employer has the
capacity to view opted in claims, and associated payment information (past and upcoming) for that claim,
via their MyACC4B account. If a client is concerned that they’re receiving an incorrect rate under an ERA, ACC is able to act
Recovery team members work with injured clients to ensure they are receiving, in all cases, the right
payment rate. It is ACC that determines what the correct rate of payment is, and ACC recovery team
members who remain responsible for managing the claim.
If an ACC client receiving weekly compensation under an ERA is concerned the rate of compensation they
are receiving is incorrect, they are encouraged to raise this with a recovery team member; or with their
employer. Our specialist team dedicated to resolving complex complaints, Resolution Services, remain
available for assessing complaints, that have been escalated beyond the recovery team member.
There is no process in place for an ACC client under an ERA to be paid by ACC rather than their employer
Your request for this is therefore refused under section 18(e) of the Act, as the information does not exist.
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We are unable to provide statistics or details of action taken, where an ERA agreement with an employer
has needed to be withdrawn due to incorrect payments
We are not aware of any cases where an ERA agreement with an employer has needed to be withdrawn
due to incorrect payments to their employees. As such, your request for information relating to ERA
withdrawals is refused under section 18(e) of the Act, as the information does not exist. If you have questions about this response, please get in touch
You can email me at [email address]
If you are not happy with this response, you can also contact the Ombudsman via [email address]
or by phoning 0800 802 602. Information about how to make a complaint
is available at www.ombudsman.parliament.nz
Sara Freitag Acting Manager Official Information Act Services
Government Engagement & Support
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