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Accident Compensation (Notice of Decisions) Amendment Bill (Consistent) [2020] NZBORARp 51 (15 September 2020)
Last Updated: 1 January 2021
15 September 2020
LEGAL ADVICE
LPA 01 01 24
Hon David Parker, Attorney-General
Consistency with the New Zealand Bill of Rights Act 1990: Accident
Compensation (Notice of Decisions) Amendment Bill
- We
have considered whether the Accident Compensation (Notice of Decisions)
Amendment Bill (‘the Bill’), a Member’s
Bill in the name of
Paulo Garcia MP, is consistent with the rights and freedoms affirmed in the New
Zealand Bill of Rights Act 1990
(‘the Bill of Rights Act’).
- The
Bill’s Explanatory note states that decisions are occasionally made by the
Accident Compensation Corporation (‘ACC’)
on the acceptance of
circumstances that constitute an aggravation or re-injury of a work-related
personal injury, and these are invariably
made outside the timeframe of the
original cover decision. Further, the Explanatory note states that presently ACC
is neither required
to advise the employer or consider a review in those
circumstances, although such a decision may have a material impact on an
employer’s
claim history and experience rating. To remedy this, the Bill
amends the Accident Compensation Act 2001 by:
- requiring
ACC to notify an employer of its decision to accept an employee’s claim as
an aggravation or re-injury of a work-related
personal injury;
- providing
that an employer may apply to ACC for a review of its decision that a
claimant’s injury is an aggravation or re-injury
of a work-related
personal injury, and extending to employers the entitlement to be present and
heard at a review hearing; and
- providing
that an employer may appeal to the District Court against a review decision that
an injury is an aggravation or re-injury
of a work-related personal
injury.
- We
have concluded that the Bill appears to be consistent with the rights and
freedoms affirmed in the Bill of Rights Act.
Jeff Orr
Chief Legal Counsel Office of Legal Counsel
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