The People Involved in a Review

When you apply for a review there are a number of people involved. This is an explanation of their roles:

The Resolution Coordinator – Your Contact Person

When you get in touch with DRSL for an ACC review, the first person you come into contact with will be a resolution coordinator. They make all the arrangements for mediation and review hearings and are involved throughout the process. Coordinators are assigned to specific cases, so you should have the same person dealing with you for the whole time.

Resolution coordinators can help to explain the process and what to expect next, but they can’t give you advice relating to your review – it is important that they are impartial and unbiased.

The Mediator

The mediator's role is to be an impartial third person in a dispute, to get the two parties talking. They act as ‘interpreter’, helping both sides to fully understand the problem, and to make sure that both sides understand the position of the other. The aim of mediation is for both sides to agree on an outcome. A mediator doesn’t make a decision about the dispute - mediation continues until both parties are happy with the outcome. If that can’t be achieved the dispute will enter the more formal process of an ACC review.

All DRSL mediators are professionally qualified, and are members of the Arbitrators' and Mediators' Institute of New Zealand. They have extensive mediation experience and training in alternative dispute resolution.

The Reviewer

The Reviewer is an expert in accident compensation law and other relevant legislation. Their role is to be independent and impartial in deciding whether ACC's decision was correct or not. They make this decision based on the evidence. The reviewer looks at all of the information that has been provided and makes a decision on what needs to be done to resolve the dispute. This can be anything from upholding the original ACC decision to overturning it, including decisions about costs and payments.

The Applicant

The applicant is the person who has applied for a review of an ACC decision. Their main role is to establish their claim – to explain their case – to the reviewer.

This includes:

• working with the Resolution Coordinator.
• sending any written evidence (such as bills and doctors reports) to:
  - the ACC case manager
  - DRSL
  - other parties to the hearing

Any of this type of information needs to be submitted as early as possible before the hearing, so that everyone has time to look at it

• inviting experts to give evidence at the hearing
• coming to the review hearing
• presenting evidence and submissions
• asking and answering questions

Witnesses

Both parties can bring witnesses to the review hearing to support their case. The witness must also be prepared to answer questions from the other parties.

Experts

Both parties can invite an expert (such as a doctor or technical expert) to provide evidence at the review hearing. A written statement of this evidence should be sent to DRSL as early as possible before the review hearing.

Observers

Sometimes you may be asked if you would mind an observer at your review hearing. The observer is usually a DRSL staff member, and they will only attend if they have permission from all of the parties. Everyone will be told who the observers are and why they are at the hearing. Observers can't participate in the proceedings and are not officially recorded as being there.

Interpreters

People can give evidence at the hearing through an interpreter or sign language interpreter. People who want to use an interpreter should let DRSL and the other parties know as early as possible before the hearing.

Legal Representation and Support People

Either party can bring someone to the hearing to speak on their behalf. This can be anyone that they authorise to speak for them, such as a solicitor, professional advocate, union representative, family member, or a friend. You can also bring along a support person, such as someone from your family/whanau.

If you are planning to use a legal adviser or professional advocate, it's important to hire them as early as possible after applying for the review, to avoid potential delays. This will also give your legal representative as much time as possible to prepare for your case.