Policy and implementation of section 117 (1)

Trevor Smith made this Official Information request to Accident Compensation Corporation

The request was partially successful.

From: Trevor Smith

Dear Accident Compensation Corporation,

This is a request for operational policies and the Accident Corporations instructions to the staff in interpretation of the Accident Compensation Act.
The Policies explaining Section 117 (1)
117 Corporation may suspend, cancel, or decline entitlements
(1) The Corporation may suspend or cancel an entitlement if it is not satisfied, on
the basis of the information in its possession, that a claimant is entitled to continue
to receive the entitlement.

The Corporations policy explaining to the Corporation staff the interpretation of section 117 when Accident Compensation Corporation obtain information that is in conflicting with the information already in the Corporation possession but showing no error in the original held information.

The Corporation policies explaining what is new information and what is conflicting information.

The policies and procedure the Accident Compensation Corporation legal section follow to make sure the information they are handing on to there appointed Solicitors or Lawyers is correct and accurate.

Yours faithfully,

Trevor Smith

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From: Government Services
Accident Compensation Corporation

Dear Mr Smith

Thank you for your request asking for policy information relating to section 117 of the Accident Compensation Act 2001

We are currently working on your request and will be in touch as soon as possible, and certainly by 31 July 2017.

If you have any questions you can contact us at [email address].

Yours sincerely

OIA Services
Government Engagement and Support

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From: Government Services
Accident Compensation Corporation

Attachment ACC response 26 July 2017.pdf
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Good morning Mr Smith


Please find attached ACC’s response to your request of 3 July 2017.


Yours sincerely


OIA Services

Government Engagement and Support



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From: Trevor Smith

Dear Government Services,

The reply is not what was asked for but it does show that the policy still does not apply to the legislation and makes statements that work related gradual process disease or infection (section 30) and gradual process as listed in section 20 (2) (e to h) is also not covered.

It is clear that the Accident Compensation Corporation staff still is not correcting there policies because no authority has ever question the policies to see if they apply to the legislation

In 2014 the PERFORMANCE IMPROVEMENT FRAMEWORK: REVIEW OF THE ACCIDENT COMPENSATION CORPORATION – DECEMBER 2014 showed that the analysed court case to address underlying issues and one can only conclude that this is not done because the policies atr there instructing the case manager into what information to supply the lawyers because on the balance of probability the requested information will terminate entitlements.

The Corporation writes;
The 2014 PIF confirmed our approach of needing to build a more customer-oriented organisation that was more efficient and effective. It noted the increased focus on our customers should not come at the expense of good stewardship and financial sustainability of the Scheme.
when it is clear that the Accident Compensation Corporation has no intention to be more customer-oriented and all intention to be a stock market price controller.
A copy of the reply will be forwarded to the Ombudsman and the Minister who is responsible for the administration of this Act.

Yours sincerely,

Trevor Smith

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