Accident Compensation Act 2001

Reprint as at 1 December 2014

Accident Compensation Act 2001

Public Act2001 No 49
Date of assent19 September 2001
Commencementsee section 2
  • Act name: substituted, on 3 March 2010, by section 5(1)(a) of the Accident Compensation Amendment Act 2010 (2010 No 1).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

3 Purpose

4 Overview

5 Act to bind the Crown

6 Interpretation

7 Acute treatment

8 Cover

9 Earnings as an employee: what it means

10 Earnings as an employee: payments to spouse or partner

11 Earnings as an employee: what it does not include

12 Earnings as an employee: Work Account levy payable under section 168

13 Earnings of private domestic workers

14 Earnings as a self-employed person

15 Earnings as a shareholder-employee

16 New Zealand

17 Ordinarily resident in New Zealand

18 Spouse (and spouse in relation to deceased claimant)

18A Partner (and partner in relation to deceased claimant)

Part 2
Cover

Preliminary provision

19 Key terms in this Part

Principles

20 Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

21 Cover for mental injury caused by certain criminal acts

21A Cover under Accident Rehabilitation and Compensation Insurance Act 1992 for mental injury caused by certain criminal acts

21B Cover for work-related mental injury

22 Cover for personal injury suffered outside New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)

23 Cover for personal injury suffered by persons not ordinarily resident in New Zealand: exclusions while travelling to, around, and from New Zealand

24 Cover for personal injury caused by work-related gradual process, disease, or infection: exclusion for events occurring outside New Zealand before 1 April 1974

Key terms relating to cover

25 Accident

26 Personal injury

27 Mental injury

28 Work-related personal injury

29 Personal injury that is both work-related and motor vehicle injury

30 Personal injury caused by work-related gradual process, disease, or infection

31 Ministerial advisory panel on work-related gradual process, disease, or infection [Repealed]

32 Treatment injury

33 Treatment

34 Cover for personal injury caused by medical misadventure before 1 July 2005

35 Motor vehicle injury

Relevant dates of injury

36 Date on which person is to be regarded as suffering mental injury

37 Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection

38 Date on which person is to be regarded as suffering treatment injury

Part 3
Code of ACC Claimants' Rights, and claims

Code of ACC Claimants' Rights

39 Meaning of Corporation

40 Purpose of Code

41 Code applies generally

42 Corporation to prepare draft Code in consultation with persons nominated by Minister

43 Public consultation on draft Code after agreement by Minister

44 Approval of draft Code by Minister

45 Corporation's obligations in respect of Code

46 Application of Legislation Act 2012 to Code

47 Amendments to Code

Claims process

48 Person to lodge claim for cover and entitlement

49 Treatment provider lodging claim on behalf of person

50 Responsibilities of Corporation after claim lodged

51 When claim is lodged and received

52 Manner of making claim

53 Time for making claim

54 Responsibility of Corporation to make reasonable decisions in timely manner

55 Responsibilities of claimant to assist in establishment of cover and entitlements

56 Steps Corporation takes to action claims for cover

57 Steps Corporation takes to action complicated claims for cover

58 Effect of failure to meet time limits

Decisions on cover and entitlements

59 Decision on cover independent of acceptance of levy

60 Decision on claim for Schedule 2 injury

61 Decision on claim for noise-induced hearing loss caused by work-related gradual process

62 Decision on claim for treatment injury

63 Corporation must tell claimant about review rights

64 Corporation must give notice of decisions

65 Corporation may revise decisions

66 Corporation must keep claims files

Part 4
Entitlements and related matters

Entitlements

67 Who is entitled to entitlements

68 Corporation provides entitlements in accordance with this Act

69 Entitlements provided under this Act

70 Claimant's and Corporation's obligations in relation to rehabilitation

71 Employer's obligations in relation to rehabilitation

Responsibilities of claimant

72 Responsibilities of claimant who receives entitlement

Treatment

73 Payment of treatment providers for acute treatment

74 Limits on treatment providers in decisions on acute treatment

Individual rehabilitation plan

75 Corporation to determine need for rehabilitation plan

76 Provision of rehabilitation before and after individual rehabilitation plan agreed

77 Assessment of needs and content of plan

78 Individual rehabilitation plan must be updated

79 Purpose of social rehabilitation

80 Purpose of vocational rehabilitation

Social rehabilitation

81 Corporation's liability to provide key aspects of social rehabilitation

82 Corporation may provide other social rehabilitation

83 Date of entitlement to social rehabilitation

84 Assessment and reassessment of need for social rehabilitation

Vocational rehabilitation

85 Corporation liable to provide vocational rehabilitation

86 Matters to be considered in deciding whether to provide vocational rehabilitation

87 Further matters to be considered in deciding whether to provide vocational rehabilitation

88 Vocational rehabilitation may start or resume if circumstances change

89 Assessment of claimant's vocational rehabilitation needs

90 Occupational assessor

91 Conduct of initial occupational assessment

92 Report on initial occupational assessment

93 Medical assessor

94 Assessments when medical assessor unavailable

95 Conduct of initial medical assessment

96 Report on initial medical assessment

Employer's duty to pay first week compensation

97 Employee's right to receive first week compensation

98 Employer's duty to pay first week compensation

99 First week compensation is salary or wages for certain purposes

Weekly compensation

100 Entitlement to weekly compensation depends on claimant's incapacity for employment and vocational independence

101 Procedures for determining incapacity for employment and vocational independence

Incapacity for employment

102 Procedure in determining incapacity under section 103 or section 105

103 Corporation to determine incapacity of claimant who, at time of personal injury, was earner or on unpaid parental leave

104 Effect of determination under section 103 on entitlement to weekly compensation

105 Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223

106 Effect of determination under section 105 on entitlement to weekly compensation

Vocational independence

107 Corporation to determine vocational independence

108 Assessment of claimant's vocational independence

109 When claimant's vocational independence to be assessed

110 Notice to claimant in relation to assessment of vocational independence

111 How determination that claimant has vocational independence is to be regarded

112 Claimant with vocational independence loses entitlement to weekly compensation

113 Claimant who no longer has vocational independence regains entitlement to weekly compensation

Interest on late payments of weekly compensation

114 Payment of interest when Corporation makes late payment of weekly compensation

Indexation of weekly compensation and related amounts

115 Indexation of weekly compensation and related amounts

Indexation of other entitlements

116 Indexation of lump sum compensation, funeral grant, survivor's grant, and child care payments

Powers of Corporation

117 Corporation may suspend, cancel, or decline entitlements

Disentitlements

118 Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection

119 Disentitlement for wilfully self-inflicted personal injuries and suicide

120 Disentitlement for conviction for murder

121 Disentitlement during imprisonment

122 Disentitlement for certain imprisoned offenders

122A Exemption from section 122(1)

General provisions

123 Entitlements inalienable

124 Entitlements to be provided to claimant only

125 Corporation to pay amount for child to caregiver or financially responsible person

126 Corporation to pay amount to claimant's estate

127 Payment of weekly compensation and lump sum compensation to claimant outside New Zealand

128 Payment for rehabilitation to claimant outside New Zealand

129 Payment for attendant care to claimant outside New Zealand

130 Payment to claimant outside New Zealand may be in New Zealand dollars to New Zealand bank account

131 Advances of compensation and grants

132 Adjustment of payments for part periods

Part 5
Dispute resolution

Preliminary provision

133 Effect of review or appeal on decisions

Reviews

134 Who may apply for review

135 How to apply for review

135A Time frame for lodging review application where alternative dispute resolution conducted about same matter

136 Corporation to acknowledge receipt of review application

137 Corporation to engage and allocate reviewers

138 Reviewer's duty to act independently and disclose previous involvement

139 Corporation's duties to secure independence of reviewer

140 Conduct of review: general principles

141 Conduct of review: hearing to be held

142 Persons entitled to be present and heard at hearing

143 Record of hearing

144 Review decisions: formalities

145 Review decisions: substance

146 Deemed review decisions

147 Effect of review decisions

148 Costs on review

Appeals

149 Who may appeal against review decision

150 District Courts rules and this Act apply to appeal

151 Manner of bringing appeal

152 Corporation to provide names of persons entitled to be heard

153 Notice of hearing place and date

154 Corporation's duty to make record available

155 Hearing of appeal

156 Evidence at appeal

157 Appointment of assessor

158 Involvement of assessor

159 Court may make order as to persons who may be present

160 Court may make order prohibiting publication

161 Decisions on appeal

Further appeals

162 Appeal to High Court on question of law

163 Appeal to Court of Appeal on question of law

164 Recovery of costs of appeals

Part 6
Management of the Scheme

165 Duty of Corporation

Financial management

166 Separate Accounts

Work Account

167 Application and source of funds

168 Employers to pay levies

168A Private domestic workers to pay levies

168B Self-employed persons to pay levies

169 Rates of levies

169AA Basis on which funds to be calculated

169A Limit on offsets in case of earnings as self-employed person

170 Classification of industries or risks

171 Classification of self-employed persons and employees engaged in 2 or more activities

172 Work Account levy not payable on earnings of employee over specified maximum

172A Work Account levy not payable on earnings of self-employed person over specified maximum

173 Estimation of levy

174 Employer to notify increase or decrease of relevant employee earnings

175 Risk adjustment of Work Account levies

176 Incorporation by reference

177 Copy of audit tool and material incorporated by reference to be available to public

178 Criteria for upward adjustment of levies

179 Process for Corporation to decide whether to require audit

180 Effect of audit or refusal to allow audit

Accredited employers

181 Interpretation

182 Objectives of sections 181 to 189

183 Framework to be established

184 Accreditation agreements

185 Accreditation requirements

186 Corporation may be accredited employer

187 Accredited employers to provide entitlements

188 Monitoring and audit

189 Reporting and information

Purchase of weekly compensation by shareholder-employees

190 Purchase of weekly compensation by shareholder-employees

191 Effect on Work Account levy

Residual Claims Account

[Repealed]

192 Application and source of funds [Repealed]

193 Liability to pay Residual Claims levy [Repealed]

194 Rate of levy [Repealed]

195 Classification of industries or risk [Repealed]

196 Classification of employees engaged in 2 or more activities [Repealed]

197 Classification of self-employed persons engaged in 2 or more activities [Repealed]

198 Residual Claims levy where 2 or more employers [Repealed]

199 Promotion of employer involvement [Repealed]

200 Residual Claims levy not payable on earnings over specified maximum [Repealed]

Self-Employed Work Account

[Repealed]

201 Application and source of funds [Repealed]

202 Self-employed persons to pay levies [Repealed]

203 Rate of levies [Repealed]

204 Limit on offsets in case of earnings as self-employed person [Repealed]

205 Classification of industries or risk [Repealed]

206 Classification of self-employed persons engaged in 2 or more activities [Repealed]

206A Risk adjustment of Self-Employed Work Account levy [Repealed]

206B Incorporation by reference [Repealed]

206C Copy of material incorporated by reference to be available to public [Repealed]

207 Self-employed Work Account levy not payable on earnings over specified maximum [Repealed]

Purchase of weekly compensation by self-employed persons

208 Purchase of weekly compensation by self-employed persons

209 Procedure for reaching agreement

210 Effect of agreement

211 Levies for self-employed persons who purchase weekly compensation

212 Earner levies for self-employed persons who purchase weekly compensation

Motor Vehicle Account

213 Application and source of funds

214 Rate of levies

215 Basis on which funds to be calculated

216 Levy categories

217 Collection of levies

Earners' Account

218 Application and source of funds

219 Earners to pay levies

220 Rate of levies

220A Basis on which funds to be calculated

221 Collection of levies by deduction from employee earnings

222 Payment of Earners' Account levy by self-employed persons

Purchase of weekly compensation for periods outside employment

223 Persons eligible to purchase weekly compensation

224 Compensation for persons who purchase weekly compensation

225 Levies for persons who purchase weekly compensation

226 Resumption of employment by persons who purchased weekly compensation

Non-Earners' Account

227 Application and source of funds

Treatment Injury Account

228 Application and source of funds

229 Levy categories and rates

230 Collection of levies

General levy provisions

231 Mixed earnings as employee and self-employed person

232 Work Account levy payable by employers on disposal or cessation of business or when ceasing to employ

233 Levies payable to Corporation by self-employed person who ceases to derive earnings as such

234 Levies may be collected by instalments

235 Collection of levies from self-employed and employers [Repealed]

236 Challenges to levies

237 Corporation may revise decisions

238 Effect of review or appeal about levy

239 Corporation to define risk classification and decide levy if activity not classified by regulations

240 Determinations

241 Statements

242 Failure to provide statement

243 Power to assess levies

244 Amounts of levy exempt from payment

245 Agent to whom levies may be paid

246 Information available to Corporation

247 Change of balance date

General administration

248 Recovery of debts by Corporation

249 Penalties due to Corporation in respect of overpayments

250 Penalties and interest due to Corporation in respect of unpaid levies

Recovery of payments

251 Recovery of payments

Relationship with social security benefits

252 Relationship with social security benefits: reimbursement by Corporation

253 Relationship with social security benefits: reimbursement to Corporation

Limitation period and other matters

254 Limitation period

255 Refunds payable by Corporation

256 Application of payments

257 Application of sections 248, 249, and 254 to third parties

258 Production of documents

Part 7
Accident Compensation Corporation

The Corporation

259 Accident Compensation Corporation

260 Powers of Corporation [Repealed]

261 Relationship between Corporation and subsidiaries

262 Functions of Corporation

263 Prevention of personal injury

264 Money expended or received for injury prevention to be managed through Accounts

265 Ancillary powers of Corporation

266 Provisions relating to Crown entity subsidiaries

267 Board of Corporation

268 Protection of names Accident Compensation Corporation and Accident Rehabilitation and Compensation Insurance Corporation

Provisions relating to accountability of Corporation

269 Further provisions applying to Corporation

270 Corporation to comply with Government policy [Repealed]

271 Service agreements between Corporation and Minister

272 Statement of intent

273 Provision of financial information

274 Management of Accounts

275 Investments

276 Power to borrow, etc

277 Loans and grants to Corporation [Repealed]

Reporting requirements

278 Annual financial statements

278A Annual financial condition report

Information collection

279 Purposes for which Corporation to collect information

Disclosure of information

280 Disclosure of information to Corporation

281 Disclosure of information by Corporation for benefit and benefit debt recovery purposes

282 Disclosure of information by Corporation for health purposes

283 Disclosure of information by Corporation for injury prevention purposes

284 Reporting of risk of harm to public

285 Personal injuries in nature of medical misadventure [Repealed]

Information about work-related injuries

286 Corporation to provide information to Ministry of Business, Innovation, and Employment and to WorkSafe

Part 8
Management of injury-related information

287 Purpose of this Part

288 Injury-related statistics are classified under Statistics Act 1975

289 Information manager

290 Information manager can require government agencies to provide injury-related information

291 Ministerial advisory panel [Repealed]

Purchase agreements

292 Minister to require information manager to enter into purchase agreement

293 Funding of information manager

Part 9
Miscellaneous provisions

Situations where previous insurer involved

294 Scope and purpose of sections 295 to 297

295 Obligation to provide entitlements where subsequent injury occurs

296 Failure to reach agreement

297 Entitlements not affected by court direction

298 Work-related gradual process, disease, or infection involving exposure before 1 April 2002

Effect of Act and public interest

299 No contracting out of this Act

300 Public interest

Public health acute services

301 Service agreement for purchase of public health acute services and other health services

302 Minister of Health's responsibilities for purchase of public health acute services and other health services

303 Restriction on purchase by Corporation of public health acute services

304 Minister of Health acts on behalf of the Crown

Joint purchasing arrangements

305 Joint purchasing arrangements for emergency transport services

Special leave for non-work injuries

306 Sick leave may be used when employer not liable for first week compensation

General notification provision

307 How documents given or information notified

Offences and penalties generally

308 Offence to mislead Corporation

309 Offence not to provide requested information to Corporation

310 Offence not to provide earnings information to Corporation

311 Goods and services tax not payable on penalties or fines

Liability of directors, employees, and officers

312 Directors, employees, and officers

Informations

313 Charges

Summary conviction

[Repealed]

314 Summary conviction [Repealed]

General fine

315 General fine for offences

Offences relating to earner levies

316 Offences in relation to deductions

Proceedings

317 Proceedings for personal injury

318 Proceedings for personal injury caused by work-related gradual process, disease, or infection

319 Exemplary damages

320 Corporation to be heard

321 Powers of Corporation when person has right to bring proceedings

Regulation-making powers

322 Regulations relating to definitions

322A Definition of health practitioner may be limited

323 Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process

324 Regulations relating to rehabilitation

324A Annual review of amounts prescribed by regulations made under section 324

325 Regulations relating to ancillary services for rehabilitation

326 Regulations relating to lump sum compensation

327 Regulations relating to indexation

328 Regulations relating to reviews and appeals

328A Regulations relating to alternative dispute resolution

329 Regulations relating to levies

330 Consultation requirements for regulations relating to classifications, risk rating, or treatment injury

331 Consultation requirements for regulations relating to levy setting

332 Regulations relating to information

333 General power to make regulations

334 Regulations may confer discretion

335 Regulations may prescribe offences and fines

336 Amendment of Schedule 2 by Order in Council

Consequential amendments, repeals, and revocations

337 Consequential amendments

338 Consequential tax amendments

339 Consequential repeals and revocations

Part 10
Provisions relating to transition from competitive provision of workplace accident insurance

340 Purpose of this Part

341 Interpretation

Savings in respect of accident insurance contracts and injuries to which contracts apply

342 Savings in respect of accident insurance contracts and injuries to which contracts apply under 1998 Act

Savings in respect of other ongoing matters under 1998 Act

343 Saving in respect of other ongoing matters under 1998 Act

344 Funding of Regulator

345 Regulator's functions in respect of Non-Compliers Fund

346 Amendments to 1998 Act

347 Saving in respect of 2000 Act

Savings in respect of public health acute services

348 Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001

Regulations

349 Regulations

Part 11
Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)

Interpretation

350 Interpretation

351 References to former Acts

Purpose of this Part

352 Purpose of this Part

Application of this Part

353 Part not to apply to certain claims

Cover for personal injury suffered before 1 April 2002

354 Processing of claims

355 Claims for cover accepted under former Acts

356 Claim for cover lodged but not yet determined if injury suffered before 1 July 1992

357 Claim for cover lodged before 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 July 1999

358 Claim for cover lodged on or after 1 July 1999 but not yet determined if injury suffered on or after 1 July 1992 but before 1 April 2002

359 Injuries suffered before 1 April 1974

360 Claim for cover under former Acts not lodged until on or after 1 April 2002

361 Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992

First week compensation for incapacity commencing before 1 April 2002

362 First week compensation for incapacity commencing before 1 April 2002

Entitlements for personal injury suffered before 1 April 2002

363 Application of sections 364 to 387

Treatment

364 Treatment

Weekly compensation

365 Weekly compensation under Accident Insurance Act 1998

366 Weekly earnings of certain claimants increased

367 Multiple employment

368 Weekly payments for permanent incapacity under 1972 and 1982 Acts

369 Cessation of weekly compensation under any former Act because of capacity for work

370 Cessation of weekly compensation under any former Act because of national superannuation qualification age

371 Interest on late payments of weekly compensation

Rehabilitation

372 Individual rehabilitation plan

373 Time limit on vocational rehabilitation

374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help

375 Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care

376 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts

Independence allowance

377 Independence allowance for personal injury suffered before 1 July 1999

378 Personal injury suffered on or after 1 July 1999 and before 1 April 2002

379 Payment of independence allowance to claimant outside New Zealand

Lump sum compensation under former Acts

380 Lump sum compensation under former Acts

Entitlements arising from fatal injuries

381 Funeral expenses for death before 1 April 2002

382 Survivor's grant to surviving spouses or partners, children, and other dependants for death before 1 April 2002

383 Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998

384 Compensation payable to surviving spouses or de facto partners under 1972 and 1982 Acts

385 Compensation payable to children and other dependants under 1972 and 1982 Acts

386 Child care payments for children of deceased persons

387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person

388 Indexation of certain entitlements payable under former Acts

Disentitlements

389 Disentitling sections apply

Revision of decisions under former Acts

390 Corporation may revise decisions

Review and appeals

391 Review and appeal proceedings for decisions under former Acts

Financial provisions

392 Allocation of existing funds

393 Levies, premiums, and other payments under former Acts

Accredited employers

394 Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992

395 Accredited employers under Accident Insurance Act 1998

Regulations

396 Regulations providing for transitional matters [Expired]

397 Expiry of section 396

Relationship of HSE levy and reserves portion

398 Collection of HSE levy

Transitional provisions relating to Corporation

399 Corporation in lead-up to commencement of this Act

400 Transfer of rights and liabilities under former Acts

Savings provision relating to references to premiums

401 References to premiums under former Act include levies under this Act

Schedule 1
Entitlements

Schedule 2
Occupational diseases

Schedule 3
Cover for mental injury caused by certain acts dealt with in Crimes Act 1961

Schedule 4
Deductions on account of earner levies

Schedule 5
Provisions relating to Corporation

Schedule 6
Consequential amendments

Schedule 7
Consequential tax amendments

Schedule 8
Orders and regulations revoked

Injury Prevention, Rehabilitation, and Compensation Amendment Act 2003

Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005

Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007

Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008

Accident Compensation Amendment Act 2010

Reprint notes