What the TN Court of Appeal ruling means for survivors of sexual abuse
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 the mental injury, which for most people is when the sexual abuse or assault event occurred or a time close to that date. Previously, requests for financial support were based on when kiritaki first received treatment.
What this means for survivors
-
All new requests for weekly compensation and loss of potential earnings (LOPE) will be determined based on the date kiritaki suffered a mental injury.
-
If someone was sexually abused or assaulted as a child, they may be eligible to receive LOPE from when they turned 18, even if we previously declined their request. LOPE is financial support for people who were injured because of sexual abuse or assault prior to turning 18 and whose injuries are preventing them from working. Kiritaki must have an accepted sensitive claim and meet certain requirements to be considered for financial support.
-
Sensitive claims kiritaki who have requested financial support from us and are waiting for a decision may need to be reassessed for a different type of financial entitlement if their mental injury happened prior to turning 18. If a kiritaki needs to be reassessed, a recovery team member will contact them to explain the process.
It’s important to note that the court decision is about financial compensation and doesn’t affect whether someone can get cover or access to treatment.
Next year, we’ll begin contacting kiritaki currently receiving weekly compensation who may be impacted by the ruling. If we identify that the ruling might impact the financial support they’re currently receiving, we’ll let them know and help them understand what it means for them.
Learn more information and view the FAQ document,