ACC Bill Ammendment regarding Disentitlements

[Genestho]

There is concern that EBA causing Death or Injury, with max sentences of two years or more, or no imprisonment will not be addressed in the Ammendment.

"People who commit a crime that has a maximum sentence of 2 years or more, and who are sentenced to imprisonment, should automatically be disentitled from receiving compensation. The claimant will continue to get the emergency treatment that is required, and the treatment that is required to restore function"

We question whether disentitlements should be also based on the conviction, not just the sentence.
In determining the reasoning behind maximum of two years, and imprisonment - we ask for further consideration in these cases.
We are aware that currently ACC disentitlements are at courts discretion based on documentation provided.

We are not suggesting the following people have been allowed entitlements - but rather provide the reasoning, around a review into disentitlements based on a two years max sentence, and imprisonment via the information - readily available in the public domain.

1. "A man whose wife, father, brother and family friend were killed by a speeding drink-driver wants more charges laid against the driver.
Charles Godfrey Goodson was three times over the legal blood-alcohol limit, and driving between 118kmh and 128kmh, when he hit a car and killed its four occupants just before midnight on June 23, 2006.
He has been convicted of drink-driving and sentenced to 150 hours' community work."
http://www.stuff.co.nz/national/386738


2. “A man was yesterday sentenced to 100 hours' community work for crashing into a rock wall while intoxicated, with four passengers in his car. “
http://www.stuff.co.nz/southland-times/news/court/3024057/Community-work-for-drink-driving-causing-injury


3. “Tauranga, March 3 NZPA - A Bay of Plenty man whose drink-driving killed a woman told Tauranga District Court today the accident would haunt him for life.
Judge Louis Bidois jailed 30-year-old barman Roy Tautahi Nathan, of Katikati, 36km northwest of Tauranga, for 18 months.”
http://www.voxy.co.nz/national/drunk-driver-jailed-killing-woman/5/9822


4. “The 19-year-old dairy worker went through a stop sign while texting after a night of eating and drinking with friends. He killed Beverley and Samuel Keating when he ploughed into their vehicle. They were returning home from their 49th wedding anniversary celebration.
At an earlier appearance in Ashburton District Court, Stonestreet had admitted two charges of excess blood-alcohol driving causing death. He sentenced him to nine months' home detention, disqualification from driving for two years six months, and 200 hours' community work.”
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10497585&pnum=1

[rainman]

4. “The 19-year-old dairy worker went through a stop sign while texting after a night of eating and drinking with friends. He killed Beverley and Samuel Keating when he ploughed into their vehicle. They were returning home from their 49th wedding anniversary celebration.
At an earlier appearance in Ashburton District Court, Stonestreet had admitted two charges of excess blood-alcohol driving causing death. He sentenced him to nine months' home detention, disqualification from driving for two years six months, and 200 hours' community work.”

Fuck. Is that all? Charge should be 2 x murder if you ask me.

[p.dath]

What happens if they are paid an entitlement, and finally when the courts are done 18 months later they are convicted? Do they have to pay it back while in jail?

[Genestho]

What happens if they are paid an entitlement, and finally when the courts are done 18 months later they are convicted? Do they have to pay it back while in jail?

Good query! Worth slipping in submissions for discussion.

There's not been any indepth discussion of this particular part of the amendment - according to the first reading (http://www.parliament.nz/en-NZ/PB/Debates/Debates/7/c/d/49HansD_20091027_00000825-Injury-Prevention-Rehabilitation-and-Compensation.htm).

They're proposing to remove compensation entitlements only, not emergency or some rehab.

I assume (taking a wild guess) - according to charges laid, and evidence in reports - they'd be entitled to a WINZ benefit, if at sentencing - it all changes they'd be entitled to ACC compensation back dated and paid.

How it works now, is that it takes time to process compensation claims in all cases, and dependant on circumstances - back paid.

WINZ requires paying back as well, once ACC kicks in.

There'll be some sort of existing criteria to be expanded on - I'm sure.