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Home / Business

Setback for survivor who discovered major ACC loophole as Government stalls

John Weekes
By John Weekes
Senior Business Reporter·NZ Herald·
6 Apr, 2023 11:42 PM4 mins to read

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Roger Allison prompted an inquiry about compensating people who cannot work due to injuries such as PTSD. Photo / Supplied

Roger Allison prompted an inquiry about compensating people who cannot work due to injuries such as PTSD. Photo / Supplied

The Government has stalled on fixing a compensation loophole an abuse survivor helped uncover.

Roger Allison confronted a sex offender in court and in 2021 helped expose a gap in compensation law for victims.

The post-traumatic stress disorder he suffered due to abuse as a child in the 1980s made him unable to work.

One claim was lodged in 2004, a few days before he started a new job, so he couldn’t receive compensation for lost earnings.

The upshot was Allison was not deemed an “earner” when injured, with the injury defined as the point he lodged a claim.

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Allison and the Herald have for a year-and-a-half pursued the issue of weekly compensation, which the Government has admitted could affect about 1000 to 2000 people.

Previous ACC minister and now deputy PM Carmel Sepuloni pledged to look into the issue in 2021.

But there has been no progress on it and Peeni Henare now has the ministerial portfolio.

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“My focus for this term continues to be improving the scheme by helping the Government and ACC to understand and act on barriers driving disparities in access and modernising the scheme,” Henare said.

“Changing eligibility for weekly compensation from the date of someone’s injury to the date of their incapacity would be a significant change for the Accident Compensation Scheme,” he added.

“I know that there are a range of views on the scheme, including on weekly compensation, which will be considered in our future work on ACC.”

Allison said he was disappointed no progress would be made until at least the next election.

He said for years, he never asked for help.

“Most of that time I contributed to ACC. Then finally when I needed ACC they failed me due to a meagre 72-hour window.”

He said the case affecting him had already been in front of the NZ judicial system and proven in a court of law. In July 2021, child abuse ring member Wayne Moonie was jailed.

Allison said he sometimes felt Government pledges to look into the compensation case “were all just a crock of shit”.

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He added: “It’s almost more abuse, psychological abuse.”

He added: “What’s ironic is if I went out on the town, got blind drunk then drove and wrapped my car around a tree and ended up unable to work I would be covered without question for all injuries and 80 per cent of whatever I was earning.”

He said in contrast, the abuse he and others suffered as children had nothing to do with choices or poor decision-making on their part.

“I don’t understand how they come to their decisions,” Allison said of ACC.

“How can I honestly look another survivor in the eyes and encourage them to come forward and seek closure?”

Allison’s local MP, Simeon Brown of National, said the advice and data officials were using to assess the issue should be released.

“It’s incredibly frustrating for Roger. He’s been advocating for himself and others in similar situations for some time.”

Allison’s local MP, National's Simeon Brown, said the advice and data officials were using to assess the issue should be released. Photo / Mark Mitchell
Allison’s local MP, National's Simeon Brown, said the advice and data officials were using to assess the issue should be released. Photo / Mark Mitchell

“This is clearly an issue for people in situations like Roger where they fall through the cracks,” the Pakuranga MP added.

“The minister should at least want to work to realise the size of the problem...the number of individuals in similar situations to Roger and the potential costs that those may have on the ACC system.”

Henare told Brown, in a letter forwarded to the Herald, that the Government had previously considered the issue.

“I regret to inform you that, apart from the Amendment Bill currently before the Education and Workforce select Committee, I do not intend to progress any further reforms to the Accident Compensation Act 2001 this term.”

For counselling and support:

Lifeline: Call 0800 543 354 or text 4357 (HELP)

Suicide Crisis Helpline: Call 0508 828 865 (0508 TAUTOKO)

Need to talk? Call or text 1737

Depression helpline: Call 0800 111 757 or text 4202

For children and young people:

Youthline: Call 0800 376 633 or text 234

What’s Up: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm)

For help with specific issues:

Alcohol and Drug Helpline: Call 0800 787 797

Anxiety Helpline: Call 0800 269 4389 (0800 ANXIETY)

OutLine: Call 0800 688 5463 (0800 OUTLINE) (6pm-9pm)

Safe to talk (sexual harm): Call 0800 044 334 or text 4334All services are free and available 24/7 unless otherwise specified.

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