ACC Review Process
Fair, free and efficient resolution of your ACC dispute
You are entitled to apply for a review of a decision made by ACC (whether it relates to an ACC claim, levies, or a decision made under the Code of ACC Claimants’ Rights).
ICRA can appoint an impartial reviewer with expertise on ACC law to provide an independent review of an ACC decision. The reviewer considers all the information about your case, including any submissions from both you and ACC. After considering all information, the reviewer will make a decision either in your favour, or in ACC’s favour. ICRA’s dedicated Case Managers will guide you and keep you updated throughout the process, and you can also share information and track the progress of the review through ICRA’s secure online portal.
Below you can find answers to common questions we receive about the ACC review process.
FAQ
Find helpful information related to the ACC review process
How can I apply for a review?
To apply for a review, you need to either write to ACC directly or simply complete a review application form. You can find out more about the process down below:
If you choose to write to ACC rather than completing the ACC33 Review Application Form, you need to include the following in your letter:
- your name, address and contact number;
- the claim number, or ACC number if it’s a levy review;
- the date of the decision ACC made that you would like reviewed;
- why you want a review and what you would like to happen as a result of the review;
- whether you would like any cultural support or have accessibility needs; and
- any supporting documents or evidence to support your review.
When does the application need to be made?
Please note that your application must be made to ACC within three months of their decision being made – that date will be recorded on your decision letter or the levy invoice. A late application will only be accepted in exceptional circumstances. If you are applying to ACC for a review more than three months after the decision was made, you will also need to let ACC know why you were unable to submit the application in time.
Can I apply on someone else's behalf?
You will need to also complete and include an authority to act form with the application:
Where do I send my application for review?
You can email or post the review application or letter. It must be sent directly to ACC.
Email:
accreviewapplication@acc.co.nz
Post:
ACC Resolution Services
PO Box 892
Waikato Mail Centre
Hamilton 3240
What happens after I submit my application?
Once ACC receives your application, they will be in touch with you.
If you are unable to resolve the dispute directly with ACC, the dispute will go to a review. This is where ICRA comes in. We are not a part of ACC but are a completely independent entity which provides professional and independent review services. If you would like your review managed by us, please just ask your ACC Review Specialist.
If you have any questions, are unsure whether you can apply for a review or just want to know more, please contact our case management team who are more than happy to help. Further information can also be found on ACC’s website.
What is a case management conference?
Once the review process is underway, the first step will be a case management conference. This is a really important part of the process.
The primary reasons for the conference are:
- to ensure that both you and ACC are fully prepared for the review hearing;
- to ensure that the necessary evidence is provided well in advance of the review hearing;
- to avoid last minute adjournments;
- to explore the possibility of settlement and/or mediation; and
- to make any necessary procedural directions.
The conference will typically take place by telephone and will be led by the reviewer assigned to your case. Prior to the conference, your ICRA case manager will send you all the information you need to be able to join the case management conference and to ensure you are prepared to participate effectively and confidently.
What is a review hearing?
For most reviews, there will be a review hearing (although it is possible to have a review decided just on the documents). Review hearings will usually take place by video conference.
Like any other legal process, it is essential that you are well prepared for the review hearing. This is your opportunity to present your case and comment on ACC’s case to the reviewer before he or she makes a final decision.
During the case management conference, the reviewer will talk with you and your ACC Review Specialist to ensure you are both properly prepared well before attending the review hearing itself. By then, you should know exactly what you are seeking, why you say you are entitled to it, and what evidence you have which supports your case.
Any submissions and evidence (including specialist reports) you (or ACC) wish to rely on should also be provided well in advance of the hearing itself. This ensures that there are no surprises for anyone on the day.
What are submissions?
Your submission is essentially your story. It is an explanation of what you want and why you say you are entitled to it.
Submissions do not have to take any particular form but should be clear, concise and easy to follow. It is often helpful if your submission is chronological and cross-referenced to the evidence which you are relying on to support your position.
You can download the form down below and use it to write your submissions. It includes notes with suggestions about what information to include:
What evidence do I need to provide?
Evidence is the facts and expert opinion that a party relies on to support their claim.
This may include:
- statements from people who have first hand or personal knowledge of relevant events;
- expert reports from specialist medical practitioners; or
- other documents which are material to your case.
What do I need to prepare for prior the review hearing?
Your ICRA case manager will liaise with you to ensure you know what you need to do and when.
They are there to answer any questions you may have and to make sure the process runs smoothly. It’s important to let them know who will be attending the hearing. For instance, you may have an advocate or support person, witnesses or experts, or may need an interpreter.
If you need any additional assistance, please do just let your case manager know as soon as possible so they can make any necessary arrangements for you.
You can download the form below and use it to write your submissions. The form also includes helpful suggestions about what information to include:
What happens once the hearing has closed?
Once the hearing has closed, neither party may make any further submissions or comment, or seek to provide any additional evidence.
After the review hearing has taken place, the reviewer will have 28 days within which to issue a written decision. That decision is legally binding on the parties.
There are five decisions that a reviewer may make, having considered all submissions and evidence before them. These are:
- to dismiss the application for review;
- to modify ACC’s decision;
- to quash ACC’s decision;
- to direct ACC to make a decision within a time frame specified by the reviewer where the application relates to a failure by ACC to make a decision in a timely manner (see section 145(3)(d) of the Accident Compensation Act 2001);
- to make the decision for ACC if it has not made a decision in a timely manner as contemplated by sections 54 and 134(1)(b) of the Act (see section 145(3)(e) of the Act).
If the reviewer quashes ACC’s decision, he or she must either substitute the reviewer’s decision for that of ACC or require ACC to make the decision again in accordance with directions given by the reviewer.
Once the decision has been issued to the parties, neither the reviewer nor ICRA are able to take any further steps in relation to the review.
What happens if I don't agree with the review decision?
If you disagree with the review decision, you may appeal to the District Court. This must be done within 28 days of the review decision being given to you.
At the time you receive the decision, you will be provided with information about your appeal rights to the District Court and how to appeal a review decision if you wish to do so.
Please note that an appeal may not be made to the District Court against a review decision on a decision by ACC on a complaint raised under the Code of ACC Claimants’ Rights.
Will the process cost me anything?
ICRA’s review process is free to access. The cost is met by ACC under the Accident Compensation Act 2001.
If you incur additional costs preparing for your review hearing, you can let your reviewer know so that they can take these into account when making their decision. A reviewer has discretion to award contributions towards legal fees, the costs of providing medical evidence, travel, and other expenses such as photocopying, childcare or time away from work.
You can find more information about possible costs that can be awarded by a reviewer in the Accident Compensation (Review Costs and Appeals) Amendment Regulations 2017 or by contacting our case management team.