What the TN Court of Appeal ruling means for kiritaki
In December 2023, the Court of Appeal issued a ruling in the ACC v TN case, clarifying when survivors of sexual abuse can qualify for financial entitlements if they’re unable to work or study or have a permanent impairment. The court ruled that kiritaki (clients) who suffer a mental injury from sexual abuse are eligible for financial support based on the date of mental injury suffered (DMIS), which for most people is when their sexual abuse or assault event occurred or sometime close to that date. Previously, requests for financial support were based on when kiritaki first received treatment.
It’s important to note that the court decision is about financial compensation and doesn’t impact cover or access to treatment.
How we’re implementing the ruling
Because of its complexity, and the need to consider the impact on clients and providers, we’ve taken a phased approach to implementing the TN decision.
In March 2023, after the High Court decision that preceded the Court of Appeal case, we put in place interim guidelines that prioritised ensuring people who were not receiving any support could benefit from the ruling as soon as possible. We’ve been focused on those clients who are now able to access financial support from ACC.
The next phase of our implementation will begin on 29 September 2025 when we apply the full implications of the ruling for all new requests for entitlements and those who have applied but not yet had a decision.
What this means for kiritaki
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Beginning on 29 September 2025, all new requests for financial entitlements from sensitive claims kiritaki will be determined based on the date of mental injury suffered.
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Sensitive claims kiritaki who have requested a financial entitlement and are waiting for a decision from us may need to be reassessed for a different type of financial entitlement if their mental injury happened prior to turning 18. If kiritaki need to be reassessed, a recovery team member will contact them to explain the process.
Next year, we’ll begin contacting kiritaki currently receiving financial entitlements who may be impacted by the ruling. If we identify that the ruling might impact their entitlement, we’ll let them know and help them understand what it means for them.
Changes to Specialist Cover Assessment
As a result of the TN court ruling, we’re adding a couple of questions to the Specialist Cover Assessment report. These questions will help us determine the date of mental injury suffered and will need to be completed for all kiritaki who require a Specialist Cover Assessment. We’ll provide guidance about this change in the Sensitive Claims Service Report Guidelines. The revised Specialist Cover Assessment report and Report Guidelines will be available on our website on 29 September 2025.
We’ve also developed a new educational video that provides guidance about how to complete a Specialist Cover Assessment.
If kiritaki want to request financial entitlements or have questions about how the ruling impacts them, refer them to their recovery team member or ask them to call us so we can have those discussions with them.