PSA issues recommendations on the proposed amendment to Accident Compensation Act

The New Zealand Public Service Association (PSA) has made public its recommendations on the proposed amendment to the Accident Compensation Act 2001.

The proposed Accident Compensation (Maternal Birth Injury and Other Matters) Amendment Bill seeks to expand the injuries covered by the Accident Compensation Scheme, such as maternal birth-related injuries.

It also wants to provide greater clarity for the claims and to "better give effect to the policy intent of the Accident Compensation Act 2001," according to the PSA, which welcomed in its submission the proposed amendment.

"As a union committed to gender equity, the PSA welcomes the covering of maternal birth injuries as a move towards improving gender balance, fairness, and equity in healthcare," the association said. "It will mean that affected women will now qualify for the home help and the treatment they need to recover and be enabled to live healthy lives which benefits their children and whanau also."

However, it criticised how the proposed amendment only looks at seven birth injuries, stressing that it should cover all injuries related to childbirth. It should cover injuries sustained by babies during the birthing process, according to the PSA, adding that it should also include mental injury because of physical injury or traumatic childbirth experience.

The PSA listed the following recommendations to the government's proposed amendment, which the association said would provide "wider and more equitable outcomes" for the community:

• All birth injuries (both maternal and to babies) be covered by Accident Compensation Corporation (ACC)
• Mental health injuries be covered by ACC
• A Te Ao Māori view and Te Tiriti o Waitangi are embedded in ACC legislation and practice
• The Maternity Action Plan include initiatives to support the mental health of women and their whānau following maternal birth injuries and traumatic childbirth
• ACC provide comprehensive information about the S 30 policy changes to ensure understanding
• ACC undertake more work around occupational disease and convene an advisory panel
• The threshold for compensation for work-related hearing loss be removed entirely
• The ACC Board includes representatives of workers and claimants
• Suicide disentitlement provisions be fully removed
• Workers and their representatives have a voice in decision-making, operational implementation, and resourcing

Read more: How better employee monitoring enhances workplace safety

In addition, the PSA suggested the amendment to be applied retroactively to include people already suffering from injuries, instead of letting it take effect starting October 1.

"The proposal for the legislation change to apply to birth injuries from 1 October 2022 unfairly excludes people already living with injuries, as well as those that may suffer injuries that emerge later in life," the PSA said.

"We strongly urge ACC to involve workers and their union representatives in all aspects of the implementation work ahead, including decision-making around how work is to be organised, to enable effective implementation with well-trained staff and adequate resourcing," it added.

The Accident Compensation Act 2001

The Accident Compensation Act 2001 is a legislation on injury prevention, rehabilitation of injured workers, and entitlements following injuries, both in general and at work, according to The Employsure Vision.

It said that employers are most likely to encounter the law if one of their employees are injured, where they will be entitled to medical treatment, rehabilitation, and weekly compensation for lost wages or salary.

They will also be granted a monetary lump sum to assist with a permanent disability, according to the organisation. If fatal, the monetary compensation will go to the victim's family to support them financially.

According to the law, it currently covers the following workplace accidents:

• the application of a force or resistance which is external to the body
• the sudden movement to the body to avoid a force or resistance that is external to the body
• a twisting movement of the body
• breathing in or swallowing a dangerous liquid, gas, or foreign object
• long-term exposure to asbestos at work
• burns or exposure to radiation, but this does not cover sunburn
• absorbing chemicals through the skin over a period of up to one month