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How a review works

There is a lot of information on this page. These are links to each section:

How a Review Works
How Long Does it Take?
Who Can Apply for a Review?
The Review Process, Step-by-Step
Delaying a Review Hearing
Withdrawing a Review
What Happens at a Hearing
How Long Does it Take?
Who Attends
Are Hearings Recorded?
Speaking at the Hearing
Hearing by Phone
Failure to Appear
Information and Privacy Issues

How A Review Works

The ACC Review process is available to anyone who has a claim with ACC and disputes a decision that ACC has made about their case.
 
The first step is to apply for a review with ACC. You must apply for a review within three months of the final ACC decisions although if there are special circumstances this can be extended. Once you have applied for a review ACC will forward the case to DRSL.
 
You can also contact DRSL directly about mediation.
 
The first person you will speak with at DRSL is a Resolution Coordinator. They make all the arrangements for review hearings and will keep in touch with you about your case all the way through the process. They can talk to you about both the review and the mediation process, so you can decide which is best for you.
Mediation is often a good first step to resolving the dispute, before going into the review process. However if mediation is not successful or you want to go straight to the review process, this is how it will work.
The resolution coordinator will arrange a reviewer for your case, and the date, time and venue for the hearing. They will contact you by phone, fax or email, with a follow-up letter to confirm all the details.
 
ACC will provide a ‘schedule of documents’ – the information it used to make its decision (usually your case file) and provide copies of those documents to DRSL.
 
A review hearing will take place. There are a variety of places where hearings can be held, including marae, in locations around the country. Under special circumstances hearings can be held anywhere, as long as the reviewer and all parties agree.
 
You can find out more about hearings here.
 
During the review hearing the reviewer looks at all the facts and the law around ACC's original decision. They decide whether that decision was right or not.
 
If both sides agree there may not need to be a hearing. The reviewer will make a decision based on the all of the written material and evidence that is provided. This is called ‘making a decision on the papers’.
 
The reviewer issues a decision within 28 days of the end of the hearing, and a copy is sent to all the people involved.
 
If either side disagrees with the Review decision they can appeal it through the District Court .
 
You can also withdraw a review at any time without having to give a reason. You do need to put it in writing however, to either your ACC case manager or DRSL Resolution Coordinator. A phone call beforehand is also a good idea.
 
 

How Long Does it Take?

You have three months from the date of your ACC decision to apply for a review, but this can be extended if there is a good reason to do so, for example your injury prevented you from being able to meet the timeframe.
 
Once you have applied for a review, you can expect a response from ACC within a month – please contact ACC if you haven’t heard from them by then.
 
Once ACC have the application, they forward it to DRSL, and DRSL will contact you as soon as possible. DRSL must make the arrangements for a hearing date within three months, or later if you ask for or agree to a delay. The review hearing itself will happen on whatever date that all parties agree with, or if they can’t agree, the reviewer will set a date.
 
 

Who can apply for a review?

You can apply for a review if you are:
-     a client, or representing a client, in relation to ACC’s decision on a claim
-     a client, or representing a client, who believes there has been an unreasonable delay by ACC in making a decision
-     an employer challenging a work injury decision
-     a levy-payer disagreeing with the levy paid or payable
-     a registered health professional or organisation that is disputing its involvement in an injury caused by medical error (for decisions relating to claims lodged with ACC prior to 1 July 2005).
 
 

The Review Process, Step-by-Step:

  1. A review application is lodged with ACC
  2. ACC acknowledges the application and sends the claim file to DRSL
  3. DRSL contacts the people involved to let them know:
  4. The resolution coordinator contacts all parties to arrange the date, time, venue and other details of the hearing. This is done by phone, fax or email, with a follow-up letter of confirmation
  5. ACC gives copies of the documents that were used to make the decision about the claim (often the claimant's file) to everyone involved.
  6. The hearing takes place, or a decision is made on the papers
  7. The reviewer makes a decision within 28 days of the end of the hearing
  8. DRSL sends copies of the decision to all parties, including information about the right of appeal to the District Court.
 

Delaying a review hearing

Hearings generally take place within three months of the date that the review application was received.
 
If anyone can't come to a hearing within this time, they need to let DRSL know in writing, to explain why and ask for the hearing to be delayed.
 
The letter should clearly explain:
  • why you can't attend the hearing (for example, because of a family bereavement or illness)
  • the earliest date you are available for a new hearing.
The reviewer will then talk to all of the other parties. The hearing can only be delayed – ‘adjourned’ – by the reviewer. If the hearing is delayed DRSL will send a letter to all parties explaining why, and giving a new hearing date.
 
It's important to note that not all requests to delay a review hearing are granted, and everyone should be prepared to go ahead with the hearing on the scheduled date. If the parties can't agree to a hearing date and time, the reviewer can choose a new date and time.
 
 

Withdrawing from the review

An applicant can withdraw from a review any time before the hearing without having to give a reason why.

To withdraw from a review, please write to your ACC case manager or DRSL resolution coordinator to let them know. A phone call beforehand is also a good idea.

 

So what actually happens at a hearing?

Hearings are usually quite informal. Each reviewer decides on their own way to conduct the hearing, although they must always;
  • act independently
  • act promptly, and
  • comply with legislation
Hearings usually go ahead in this order:
  • The reviewer welcomes everyone and explains the process
  • The reviewer establishes what the review is about to make sure it is within their jurisdiction. (This is usually based on the ACC decision and the application for a review)
  • All parties and their representatives are given a chance to speak. People who are giving evidence may need to take an 'oath' or 'affirmation' (a promise to tell the truth)
  • The reviewer can ask questions of the parties or witnesses at any time, and can request people's representatives to ask appropriate questions. They can also say that questions should be asked through them
  • The person who has made the application may need to answer other people's questions
  • The person who made the application or their representative can also ask questions of other parties who give evidence
  • The reviewer closes the hearing
 

How long does it take?

Hearings are usually scheduled in 45 minute or one-hour time blocks—some only take a few minutes while others take much longer. It's important to allow plenty of time for delays on the day. Please let the resolution coordinator know if the dispute is complicated and may take more than an hour.
 
 

Who attends?

Anyone directly affected by the decision can be at the hearing. Members of the public and the media are not allowed to attend.

In most cases, the person who made the application and ACC are the main attendees. However:

  • in some medical claims a registered health professional is also allowed to attend
  • in work injury claims the employer is allowed to attend
Both sides can bring expert witnesses, but they must tell DRSL and all the other parties about it in advance. Both sides can also bring legal representatives, observers, family/whanau, and/or a support person or friend, as long as they've told DRSL about it before the hearing (to make sure the venue will be big enough).
 
 

Is it recorded?

Every hearing is recorded on audio tape or a digital audio recorder. If you want to make your own sound recording you need to ask the reviewer for permission first. The hearing recordings are kept for two years.
 
 

Speaking at the hearing

Everyone has the opportunity to speak at the hearing.
 
  • People presenting evidence may need to take an 'oath' or 'affirmation' (a promise to tell the truth)
  • People not giving evidence, but who are speaking at the hearing (such as lawyers, advocates and representatives), do not need to take an oath or affirmation
The person who has applied for the review can:
  • say anything that is relevant to ACC's decision. The reviewer can ask them to focus on particular areas of the decision
  • question others at the hearing, although this may have to be through the reviewer
They may also be asked questions by other parties at the hearing, such as an observer from DRSL, but they can only attend if all the parties agree.
 
 

Hearings by phone

Pre-hearing discussions, and the hearing itself, can happen using teleconferencing, where the entire hearing takes place over the phone. The reviewer makes the final decision about whether this is will happen.
 
Anyone can ask for a teleconference hearing by asking the resolution co-ordinator at least 10 working days before the hearing, and giving the reasons why. If the reviewer has no objections to a teleconference the request is sent to the other parties for comment.
 
The reviewer considers the parties' comments and decides if it is appropriate to have a teleconference, and then lets everyone know. If a teleconference is agreed to, everyone must send written submissions to their ACC case manager, reviewer and the other parties at least three working days before the review.
 
 

Disruptive behaviour

Everyone at the hearing is expected to be courteous and follow the reviewer's instructions. This includes not interrupting when someone else is speaking, and behaving appropriately.
 
If someone behaves inappropriately, the reviewer can:
 
  • ask them to leave the room
  • adjourn the hearing briefly if time permits, to allow the person time to regain their composure
  • make their decision on the material that is already available.
A security guard may also be present at the hearing.
 
 

Failure to appear

If someone does not turn up at the hearing and doesn't have a reasonable excuse, the reviewer can make their decision anyway. If any of the parties say in advance that they don't intend to come to the hearing, the reviewer will make a decision in their absence.
 
 

Information and Privacy Issues

Everyone involved in the hearing is entitled to see all the information the reviewer used to make their decision. However, this information is confidential and can't be used for anything else outside the review.

If the hearing involves a work-related injury, relevant information from the applicant's file may be shown to their employer (or to previous employers if they could be affected by the decision).