If you’ve survived sexual assault or abuse but have a resulting mental injury, ACC may be able to help. We recognise the trauma you’ve experienced, so we have a specialised unit dedicated to making the claim process as sensitive and straightforward as possible.
Who can claim?
ACC approves claims where there is evidence of a mental injury (such as depression or post-traumatic stress disorder) that is caused directly by sexual abuse or sexual assault and that requires treatment.
We can’t approve cover for any medical or mental conditions that are not caused directly by the abuse or assault event.
Anyone in New Zealand, including visitors, can make a claim for mental injury suffered as a result of sexual abuse or assault, as long as the event happened in New Zealand.
ACC may also be able to provide cover if you were overseas temporarily when the event happened, provided you were ordinarily resident in New Zealand at the time of the event.
What do I need to do to claim?
- If you’ve been sexually abused or assaulted we may be able to help if you have a resulting mental injury. To help establish if you have a mental injury see a doctor (this could be your own doctor or any doctor at your local medical practice or hospital) or an ACC registered counsellor.
- If your condition shows signs of a mental injury, your doctor or counsellor will help you fill out an ACC claim form and send it to us along with any other relevant and reasonable information about your condition.
ACC can help pay for initial assessment of your mental injury, but can’t fund treatment until your claim is approved.
How does ACC decide if my injury is covered?
See Injury in New Zealand for some of the standard questions ACC considers when assessing cover in the first instance.
Once your claim has been lodged, the next step is a review of your claim by a clinical psychologist employed by us. As part of this review they may need to request copies of any relevant and reasonable medical records relating to your claim from your health care providers. We may also call you to find out more about your situation, or talk to your doctor or counsellor.
Following the review, we may be able to make a cover decision on your claim or we might need you to have an independent assessment.
We can approve your claim if we are satisfied that your mental injury (a psychological condition, such as depression), was caused directly by the sexual assault or abuse.
We cannot approve cover for any medical or mental conditions that were not caused directly by this event.
However from Monday16August, people with a new ACC sensitive claim, or with a new claim already in the system but awaiting a decision, are able to access up to 16 hours with a counsellor, to ensure their safety and wellbeing.
It is envisaged that these support sessions will be sufficient to meet the needs of many people, who will therefore not go on to require ACC cover or ACC-funded treatment.
However, for others who do demonstrate signs of a possible mental injury arising from sexual abuse (as specified in ACC legislation) the sessions will also be used to gather information to help ACC make a cover decision.
To access this support contact ACC, your GP, or an ACC-registered counsellor.
Personal information
Your information is always kept safe. ACC uses it to decide whether we are able to approve your claim, and to make sure that you receive the treatment and support you need.
How long might ACC take to decide?
We’ll make a decision as soon as possible. If we get enough information when your claim is received, it could take as little as seven days. Otherwise, we plan to make a decision within six weeks, provided we get all the information we need within that time. If we need more time, we will let you know.
What happens next?
If your claim is approved, we will write to let you know and tell you the next steps if you require treatment or other support for your mental injury. For the types of help we have available see What support can I get?
If your claim can’t be approved, we will try to phone you first to explain our decision and work through any concerns you may have. We will then advise our decision in writing.
If you are unhappy with a decision on your claim, you should discuss this with your ACC client services contact in the first instance. If you are still unhappy, you can ask for it to be reviewed by an independent reviewer. See What if I have problems with a claim?
Related legislation
Accident Compensation (AC) Act 2001
- Section 21: Cover for mental injury caused by certain criminal acts (external website)
- Section 27: Mental injury (external website)
- Schedule 3 Cover for mental injury caused by certain acts dealt with in Crimes Act 1961 (external website)
Review of Clinical Pathway
The Minister for ACC has requested an Independent Clinical Review to assess the implementation and impact of the new Clinical Pathway for clients who have a mental injury caused by sexual assault or sexual abuse. More information can be found at the New Zealand Government website.
Published: 4 June 2010