Dear Accident Compensation Corporation,

This letter is a request for information under the Official Information Act.

I wrote on 9 January 2012 to Hon Judith Collins in her capacity as Minister for ACC, discussing matters related to ACC’s policy and practice in respect of Sensitive Claims.

The relevant Act is the Injury Prevention, Rehabilitation, and Compensation Act 2001 (IPRCA). Its s.21 provides “cover for mental injury caused by certain criminal acts .“ The “certain criminal acts” are those listed in Schedule 3 of the Act, comprised of crimes of a sexual nature specified in various sections of the Crimes Act. These are called Sensitive Claims. “Mental injury” is defined in IPRCA s.27 as being “a clinically significant behavioural, cognitive, or psychological dysfunction”.

The task of answering my correspondence was delegated to her Associate Minister for ACC, Hon Craig Foss. His response at MIN 12/0035 of 14 February 2012 was that the ACC legislation “does not require there to be proof of a criminal sexual offence”. He explained his opinion that claimants must instead report “an act that fits the description of a criminal sexual offence” (as listed in Schedule 3 of the AC Act).

I later sought clarification from him about those evidential needs. His response was letter MIN 12/0148 of 3 April 2012, in which he advised “ACC does need to be satisfied, to the civil standard of persuasion on the balance of probabilities, that the described act has in fact occurred.”

It is unlikely that the Associate Minister would have the detailed technical knowledge to enable him to formulate his responses without obtaining advice from ACC.

In respect of the above two Ministerial letters, would you please provide me with copies of any and all correspondence between ACC and the Associate Minister (and/or the Minister) that contains advice or comments on those topics.

Sincerely,

Gordon Waugh
Tel : (09)416-7443
Email : [email address]