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Digest No. 1748

Injury Prevention, Rehabilitation, and Compensation Amendment Bill 2009 (Supplementary Order Paper 2010 No 111)

Date of Introduction: 22 October 2009
Portfolio: ACC
Select Committee: Industrial relations
Date report presented: 12 February 2010
SOP No 111 released: 23 February 2010 (Hon Dr Nick Smith)
Published: 23 February 2010by John McSoriley BA LL.B, BarristerLegislative AnalystP: (04) 471-9626 (Ext. 9626)F: (04) 471-1250 Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The main aim of the Bill as introduced is to amend the Injury Prevention, Rehabilitation, and Compensation Act 2001 (the Act) to make changes to:

  • the funding of the ACC scheme;
  • the relationship between "government agencies" and the Accident Compensation Corporation (ACC);
  • financial reporting and accountability [1]   .

The Bill is intended to extend the date for fully funding residual claims liabilities from 2014 to 2019, set a final valuation of all residual claims liabilities as valued at 30 June 2009, " .... and fold the residual liabilities into the main accounts" [2]   .

"The Bill also allows for experience rating and risk sharing in relation to levy rates in the Work Account, as well as risk rating in the Motor Vehicle Account. The Bill includes some operational improvements and technical changes to improve flexibility" [3]   .

Main changes proposed

Supplementary Order Paper 2010 No 111 (Minister for ACC)

Name of the Act is changed to "Accident Compensation Act"

SOP No 111 proposes to change the name of the Act to "Accident Compensation Act 2001" (inserting New Clauses 3A and 3B).

Comment

This restores the Act to the original name of its predecessor statute as it was passed in 1972.

Motorcycle account

SOP No 111 proposes the creation of a separate levy (to be called the Motorcycle Safety levy) (Part 1, Clause 4(1), inserting new definitions, those of "moped" and "motor cycle"; Clause 214, amending New Section 213 of the Act; substituting Clause 22 ("Rate of levies"), amending Section 14 of the Act; Clause 23, amending New Section 215 (inserted by this Bill); substituting Clause 25 ("Collection of levies"); Clause 26, substituting subclause (3), amending Section 218, by substituting subclause (5); Clause 43 (substituting subclauses (5) and (6) of Section 329 of the Act).

Comment

"The Motorcycle Safety levy will be payable by the registered owners of mopeds and motorcycles. It will form part of the existing Motor Vehicle Account, but the funds collected from the levy will be ring-fenced from the other funds in the Motor Vehicle Account and will be used exclusively for moped and motorcycle safety programmes. The existing criteria for promoting measures that reduce the incidence and severity of personal injury that are set out in section 263 of the principal Act will apply to the moped and motorcycle safety programmes" [4]   .

Copyright: © NZ Parliamentary Library, 2010
Except for educational purposes permitted under the Copyright Act 1994, no part of this document may be reproduced or transmitted in any form or by any means, including information storage and retrieval systems, other than by Members of Parliament in the course of their official duties, without the consent of the Parliamentary Librarian, Parliament Buildings, Wellington, New Zealand.This document may also be available through commercial online services and may be viewed and reproduced in accordance with the conditions applicable to those services.

  1. Injury Prevention, Rehabilitation, and Compensation Amendment Bill, 2009 No 90-1, Explanatory note, General policy statement, p. 1.   [back]
  2. Ibid., pp. 1 and 2.   [back]
  3. Ibid., p. 3.   [back]
  4. House of Representatives, Supplementary Order Paper No 111, released Tuesday, 23 February 2010, Injury Prevention, Rehabilitation, and Compensation Amendment Bill, Explanatory note, , p. 6.   [back]