Rejected claims miss out in u-turn

ACC Minister Nick Smith, with chief executive Jan White. Photo / Mark Mitchell

The partial u-turn by ACC on paying for counselling for victims of sexual abuse will not help those who have had their ACC claims declined since guidelines were tightened last October.

ACC this week admitted that changes last October to rules covering "sensitive claims" had exposed gaps.

From Monday, people making new claims of sexual abuse or waiting for a decision on a claim would have automatic access to 16 one-hour sessions of ACC-funded counselling.

Since the changes in October, about 2500 claims have been lodged. About 300 have been approved, 1200 declined, and the rest are still awaiting a decision.

ACC Minister Nick Smith said the changes, which restricted funding to those with a diagnosed mental injury resulting from sexual abuse, had caused an unacceptable delay in processing claims.

He said it was unsure if it had led to claims being improperly declined, but he would wait for the final report of an independent clinical panel before considering inviting those who had their claims rejected to reapply.

"The difficulty has been the time it's taken to be able to get the diagnosis, and the damage that has done in the time it has taken to get to that diagnosis," Dr Smith said.

"The number of sensitive claims declined by ACC is quite small. The lion's share has been where there has been no decision."

The extra counselling is an interim solution that will remain in operation at least until the panel presents its final report in mid-September.

It has been applauded by victims' rights and rape prevention groups, as well as the Human Rights Commission, which said it was pleased that ACC had responded to concerns.

"The cuts to costs of treatment for sexual abuse 'sensitive claims' has put considerable pressure on victims and increased their fears and anxiety," said Equal Employment Opportunities Commissioner Judy McGregor.

She said it remained to be seen if the 16 hours would be enough for victims who suffered child sexual abuse or more than one sexual assault.

Dr Smith said ACC had handled the issue poorly.

"There are some lessons for them to learn. I will await making a final judgment until I get the full report from the panel."

Labour's ACC spokesman David Parker said the cuts had led to a 90 per cent reduction in ACC-approved counselling for victims of sexual crime.

"The minister was repeatedly and clearly warned, by clinicians and the Labour Party, that his changes were so obviously wrong. His attempt to blame this all on the ACC board should not be accepted.

"Why have a minister if he will not take responsibility in the face of prior warnings?" Parker said.

RULE CHANGE
* Since October ACC-funded counselling for "sensitive claims" (victims of sexual abuse) has been approved only if the claimant was diagnosed with a mental injury resulting from the abuse.

* This week, ACC said it would pay for 16 one-hour counselling sessions for all "sensitive claims" and existing ones awaiting a decision, regardless of entitlement.

* ACC Minister Nick Smith says the problem was the delay in making the diagnosis, not that claims were wrongly declined.