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New ACC Legislation Fails To Recognise Victims Of Crime

30 May 2001

The Injury Prevention and Rehabilitation legislation currently being considered by the Transport and Industrial Relations Select Committee does not meet New Zealand’s basic international obligations regarding the rights of victims of crime, Steve Caldwell, Chief Executive of Victim Support said today.

The United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (a declaration to which the New Zealand Government is a signatory) states that “When compensation is not fully available from the offender or other sources, States should endeavour to provide financial compensation to victims who have sustained significant bodily injury or impairment of physical or mental health as a result of serious crimes. Given this Government’s reported focus on victims and victims’ rights, it is unacceptable for a country as developed as New Zealand to be reneging on this responsibility", Mr Caldwell said.

"Victims of serious crime such as home invasion or armed robbery suffer severe mental stress often leading to acute stress disorders. There is no compensation for the victim’s loss of health and consequent financial costs. If these victims require counselling they must pay for it themselves and they are not eligible for compensation for loss of weekly earnings should their symptoms be such that they cannot work", Mr Caldwell said.

"Victims of crime should be entitled to the same loss of earnings compensation as persons who suffer a work related injury", Mr Caldwell said. For a work related injury, compensation for loss of earnings for the first week is provided while persons suffering a non-work related injury receive compensation for loss of earnings from the second week. It is timely and appropriate for the special needs of victims to be recognised in injury prevention and rehabilitation legislation when they have suffered mental injury through no fault of their own.

Representatives of Victim Support will be presenting their submission to the Select Committee at 7.15pm today and will be available for comment afterwards. Copies of the submission will be available.