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ACC
14 September 1992
City Manager
Christchurch City Council
PO Box 237
CHRISTCHURCH
Attention: Martin Maguire
Dear Sir,
ACC Claims Arising from the Civic Childcare
Centre
This is a response to your facsimile of 11 September 1992 and confirmation
of my
telephone call to Martin Maguire.
ACC operates a no fault insurance scheme which provides cover to those who
have
suffered an injury by accident. The legislation includes certain sexual
abuse crimes
within the definition of injuries which are covered by the scheme. The
scheme is
designed to provide benefits to the person who suffers the injury and does
not extend
benefits to other family members (except in cases involving accidental
death). It may
be helpful if I outline the procedures for lodgement of claims and the main
benefits
which will generally apply in cases of sexual abuse.
The first step in lodging a claim is to attend a doctor. The doctor will
arrange for a
claim for cover form (an M46) to be completed and make referral to a
suitable
counsellor. Note that not all counsellors are "approved" for
refund of counselling
costs for sexual abuse by ACC. GPs have a booklet of approved counsellors.
For
claims which relate to pre 1 July 1992 accidents a slightly different
process may be
followed up to 30 September 1992. In this case a C1 Claim Form may be
lodged
directly with any ACC branch supported by a medical certificate (form C14).
In either
case, We need information (normally a counsellor's report) which provides
persuasive
evidence that an event has occurred which is "covered" under the
ACC legislation.
Note that the level of evidence is persuasion rather than the level of
proof required for
a Court of law.
Once a claim has been accepted, we can then provide benefits. The main
benefit in the
case of a claim for sexual abuse is counselling. We pay a contribution
which covers
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most of the cost of counselling of the victim, but not of other family
members.
However, in some cases involving young children, there may be considerable
benefit
from a parent attending some of the counselling sessions with the child and
this is
accepted as part of counselling for the child. There is no provision in the
legislation
for ACC to pay compensation to the parents for time off work to attend
interviews,
court proceedings and briefings, nor to provide childcare. We do provide
childcare
and household help where the injured person is an adult who is unable to
undertake
their normal activities. This does not apply in the situation where the
injured person is
a child, though we may pay for "attendant care" for an injured
child. Incidentally, your
comment that there are no regulations to cover this type of situation as
being the
reason why we cannot provide assistance is incorrect. There are interim
regulations in
force authorising both household help and child care and the suggestion
that the fact
that some regulations (which affect other aspects of social rehabilitation)
have not been
passed is not relevant in the case of sexual abuse.
For cases involving sexual abuse prior to 1 July 1992, there is still
provision for lump
sum compensation under the 1982 Act. However, this is only available where
the
claim for cover is lodged with ACC by 30 September 1992 and a request for
consideration of lump sum payment is received by 31 March 1993. The
provision for
lump sums in cases of sexual abuse, relate to a provision for compensation
for pain and
suffering and loss of enjoyment of life. There is provision for payment of
a lump sum
up to the maximum of $10,000 under this provision. The lump sum must be
applied
for the maintenance, education, advancement or benefit of the child.
There are three ACC branches in the Christchurch metropolitan area:
Christchurch Branch
242 Manchester St
PO Box 13-350
Christchurch
Phone 379-1405
Branch Manager: Bill McDonald
Papanui Branch
18 Winston Avenue
PO Box 5293
Christchurch
Phone 355-6699
Branch Manager: Doris McLennan
Riccarton Branch
Church Corner
398 Riccarton Road
PO Box 6037
Christchurch
Branch Manager: Phil Riley
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Please feel free to contact any of the branch managers or the District
Manager, Ken
Judd (who is on a special project but who has an acting District Manager, Max
Willyaras), phone 365-4304.
I hope that these comments are useful. I am certain that my staff will do
all to help.
Yours sincerely
D.R. Hutton
GENERAL MANAGER OPERATIONS
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