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Accident Compensation Act 2001

Dispute resolution - Reviews

144: Review decisions: formalities

You could also call this:

"Rules for writing down and sharing a reviewer's decision"

When someone asks for a review of a decision, a reviewer needs to make a decision within 28 days. This starts from the day the hearing ends, or if there's no hearing, from the day everyone agrees not to have one.

The reviewer's decision must be written down. It needs to explain why they made that decision and tell you about your right to appeal if you don't agree with it.

After the reviewer makes their decision, they need to give a copy to you, the Accident Compensation Corporation (ACC), and anyone else who was at the hearing. If someone was supposed to be at the hearing but couldn't make it, they can ask for a copy too.

If anyone else wants to see the decision, they can ask ACC for a copy. ACC will give them one, but they'll take out any information that could identify you or anyone else. ACC might charge a small fee for this, but it can't be more than what it costs them to make and send the copy.

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143: Record of hearing, or

"The reviewer must write down or record what people say at the hearing and keep these records for at least two years"

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145: Review decisions: substance, or

"How decisions are reviewed and what reviewers can decide"

Part 5Dispute resolution
Reviews

144Review decisions: formalities

  1. The reviewer must make a review decision within 28 days after—

  2. the day on which the hearing of the review finishes; or
    1. if there is no hearing,—
      1. the day that the applicant, the Corporation, and all persons who would be entitled to be present and heard at the hearing specify for the purposes of this section in their agreement not to have a hearing; or
        1. if those persons do not specify a day, the day on which those persons agree not to have a hearing.

        2. A review decision must—

        3. be written; and
          1. contain the reasons for the decision; and
            1. contain information about the right of appeal.

              1. As soon as practicable after making a review decision under subsection (1), the reviewer must give a copy of the decision to—

              2. the applicant and the Corporation; and
                1. every other person who was entitled to be present and heard at the hearing and who was present at it.

                  1. The reviewer must give a copy of the decision to a person who was entitled to be present and heard at the hearing, but who was not present at it, if that person asks the reviewer for a copy.

                  2. The Corporation must supply a copy of the review decision to any other person who asks for a copy, but must ensure that the copy supplied contains no information that may identify any individual. The Corporation may charge a fee for supplying the copy, which must be no greater than the cost of preparing the copy for supply and supplying it.