Web-OOS Network Support
For Occupational Overuse Syndrome Sufferers -
Support and Information

CONTACTS:
Join our WebOOS group below to network with other members:
Web-OOS Online Group

Join Web-OOS!

LOCAL CONTACTS:
Whangaparaoa OOS Support Group direct contact

ACCLAIM GROUPS
provide local support groups for people who are having to deal with ACC:
Acclaim Otago
Other Acclaim support groups.

OOS and the Law, New Zealand

What's on this page:
NZ Law News
Human Rights Act
Health and Disability Commissioner Act
Employment Relations Act
Privacy Act
Protected Disclosures Act (whistle blowing)
ACC related laws, websites and FAQ's
Health and Safety in Employment Act

....truth, compassion, justice...

Hit the "back" button on your browser to return to this index


NZ LAW NEWS

Health Practitioners Competence Assurance Act, Select "H" then the title.
Download the Helen Cull QC report. The Minister of Health ordered this report to investigate streamlining medical complaints. It applies more particularly to medical misadventure but affects everyone making a complaint.

Annette King, Min of Health, on health professionals complaints and streamlining the complaints process.

Opinion:
Considering the lack of help received from the Health and Disability Commissioner (HDC) towards people who are injured and on ACC, we are not too keen on that particular avenue as "the only avenue", unless substantial changes are made. How many ACC complaints about doctors would even get through the preliminary assessment?

However, Annette King (Minister of Health) recommended that the HDC be given power to pass a complaint directly on to other bodies without investigating themselves first (eg pass it on to the Medical Council, or ACC for a medical misadventure - yes, we know, how unbiased are they?!).

Here's the Minister's cabinet memorandum on changing investigation procedures.

Dr Alchin and Teen court case:
Read about this in case in Philips Fox Health Bulletin. Note that ACC has appealed this decision. ..Heard in Wellington District Court, Tuesday July 2nd. Awaiting decision. Later: ACC won this appeal. There is no justice!


THE OFFICIAL INFORMATION ACT 1982:

The Official Information Act enforces your right to have access to information from govt agencies, subject to some conditions.
If you are wanting to look for official information pertaining to ACC and your file, some info about their responsibilities under the Act is here . Ensure you read both page links we have given.

November 9, 2001 - Min of Labour's speech on new proposed amendments to the Health and Safety in Employment Act



Injury Prevention and Rehabilitation Bill introductionThe Injury Prevention, Rehabilitation and Compensation Act came into force in April, 2002. Read more....
....truth, compassion, justice...


Human Rights Act:

Read the Human Rights Act at the Human Rights Commission website.

Health and Disability Commissioner Act 1994:

Read the Health and Disability Commissioner Act 1994. (If it gives you an error message, go to the Health and Disability Commissioner's website and choose the Act as your search option on that page.

Employment Relations Act 2000:

Read the Employment Relations Act

Privacy Act:

Read the Privacy Act.
The Privacy Commissioner's website.

Protected Disclosures Act:

Read the Protected Disclosures Act. This law protects whistle blowers who report their employer using the correct procedure.

To WebOOS Home Page
To Medical Info Page
To Research Page
To Work Safety Page
To Your Stories Page
To Archives Page
LINKS TO OTHER WEBSITES:
NZ Govt's Labour Dept

Council of Trade Unions

Brooker's "Locate a Lawyer" Choose an area (you don't have to put a lawyer's name in). Scroll down and choose "ACC" then select "Go"

ACC, plus Health & Safety Laws and Info:

ACC Related Laws, Websites and some FAQ's

 
ACC tops IRD for numbers of complaints. Plus, Ombudsmen's Office understaffed with people resigning through STRESS!

The Greens Party view on ACC law.

Read the New Zealand ACC Laws. Here is the 1998 Accident Insurance Act to compare to the new Injury Prevention, Rehabilitation and Compensation Act.

ACC's website.

ACC's OOS section and their commentary on OOS on the farm!
ACC's publications with heaps of the latest ACC info. Reviews, prevention etc. Downloadable stuff, a lot of it is in PDF format so you need Adobe Acrobat reader.

ACC's Healthwise website, information here about ACC contracts for health providers. List of employers who are accredited by ACC.
ACC's reference book for GP's. (seems you have to have a password to access that info now!) Try this link for some GP handbook info. Apparently ACC will be putting a new GP handbook up at this link soon. Still seems that there is info at the other link which only GP's with a password can enter. Now why would that be?!

Department of Labour's Accident Insurance Website. This has a lot of excellent info on it, including info about ACC reviews, accredited employers etc.
You can download the "Accident Insurance: Facts for Injured People" brochure. You need Adobe Acrobat reader which is free to download.

What is an ACC Review?
If your claim is not accepted, you may apply to ACC or the registered insurer or the accredited employer for a review of any of their decisions, within THREE MONTHS of their decision. If you have a review and wish to appeal to the Court of Appeal, you must lodge the Appeal within 28 DAYS of the review decision. ACC has this review and appeal info on their website now, so check it out to ensure that ACC haven't altered requirements since we last put this on our webpage! (We note that they say on their webpage they want to work things out fairly. hmmmmm.... we'll reserve our decision on that one!)

Incidentally, is there anything more ludicrous than the employer with an unsafe workplace being an "accredited" employer? but it can happen! A large organisation may be ultra-safe in one department and dismal in another, so they can still gain accreditation. Plus, some employers pressurise staff to keep quiet about injuries. If your employer pressures you to be dishonest about an injury, contact the Department of Labour Industrial Relations service.
The Industrial Relations Info-Line is 0800 800 863.

What is an accredited employer?
This means that your employer has an arrangement with ACC which allows them to self-manage workplace injuries. Your employer must promptly process your claim, and provide all statutory entitlements, according to the accident insurance legislation. More info on accredited employer law here.

Some important points about accredited employers' responsibilities:
Accident Insurance Amendment Act, 1 April 2000
Part 10A inserted:

"(3) Every accredited employer must provide to each employee, without charge, a written statement that specifies the procedures and requirements under the accreditation agreement in relation to the lodging of claims, provision of treatment, handling of claims, assessment of incapacity, assessment of capacity for work, and dispute resolution."
- Accordingly, you should receive this when you are first employed OR when your employer becomes an accredited employer.

ACC and OSH have put together a Manual Handling Risk Assessment Manual draft.You can find it here. It requires Adobe Acrobat to read it.

OK, THIS IS YOUR SPOT! Got a complaint about ACC? Have you seen ACC or one of the private insurers they use, break the law? Let us know!



Health and Safety in Employment Act

Read the Act.
November 9, 2001 - Min of Labour's speech on new HSE Act provisions

Note that the HSE Amendment Bill has been introduced by the government. Read the update on its progress, plus a LOT of other info about it, at the OSH website.

This law spells out the responsibilites of employer and employee.
Employers must take all practicable steps to ensure employee safety, meaning everything possible (not just "practical steps").
We quote from the Act:
"General Duties of Employers
6. Employers to ensure safety of employees---Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to---

(a) Provide and maintain for employees a safe working environment; and
(b) Provide and maintain for employees while they are at work facilities for their safety and health; and
(c) Ensure that plant used by any employee at work is so arranged, designed, made, and maintained that it is safe for the employee to use; and
(d) Ensure that while at work employees are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working, or use of things--- (i) In their place of work; or (ii) Near their place of work and under the employer's control; and
(e) Develop procedures for dealing with emergencies that may arise while employees are at work.

Disclaimer: this OOS website is intended to be for group support and discussion and NOT for medical assessment nor professional legal advice of any kind.
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