discuss
Wednesday May 23, 2018
  1. freefallnz
  2. ACC Claimants Handbook
  3. Tuesday, 06 February 2018
ACC claimants may record assessments. The right to make a recording of an assessment was defined in Jackson v Accident Compensation Corporation [2002]

A doctor has the "privilege" to decide in what lawful way a medical examination will be conducted and the patient also has the "privilege" to ask for a tape-recorded consultation. It is then a question of balancing the reasonableness of the exercise of the mutual privileges. In this particular case the doctor had not put forward any worthy arguments to refuse to tape the consultation and given the patient's perception of her dealings with ACC and specialists appointed by it, her request to tape the examination was a reasonable exercise of her privilege to do so.


Also of note in the above decisions is Judge AA P Willy addendum.
Addendum
[102] Before parting with the case, it may be helpful to observe that the circumstances giving rise to this litigation will no doubt be novel to some members of the medical profession, both in relation to ACC work, and possibly beyond.
[103] It is clearly undesirable that such cases be dealt with on an ad hoc basis, and it might be that the governing bodies of the relevant medical specialities may wish to consider the matter.
[104] If aural tape recording of examinations is to be available to doctors and/or patients, then it is desirable that there be developed procedures governing its use. Matters such as the security and custody of the tape recording, and the purposes to which it might be put, and questions of privacy could be thought through and protocols established.
[105] These technical aspects of the matter have been confronted by the Police and Courts in recent years and some useful guidance may be had from those quarters.


As a result of this in June 2003 The Medical Council updated it's Guidleines. Non-Treating Doctors Performing Medical Assessments of Patients for Third Parties.

The current New Zealand Medical guidelines (2010) state

Doctors who are employed by a third party to perform medical assessments of patients are required to maintain a professional standard of care within the framework of the assessing relationship and are expected to meet the standards of practice outlined in this statement.

Recording a consultation
11. A patient may want to record the consultation by video or audio tape. You should consider such a request carefully and, if you do not consent, ask the third-party to arrange for another doctor to conduct the assessment.


ACC's own Contract with Non DHBs' states

4. 1.7... Tape Recording of Meetings by Claimants

ACC’s policy is to permit Claimants to make audio recordings of meetings. In anticipation that the Claimant may use their recording for complaints proceedings, the Vendor should ensure that the Service Provider also document the meeting.


If you intend to record an assessment advise ACC in writing of your intention. That way ACC has to advise their "assessor" of the fact that the claimant will record the assessment and/or find an assessor willing to "allow recording" as per the New Zealand Medical councils guidelines.

ACC's Master Agreement 2012 vocational services states..

1.7 Tape Recording of Meetings by Claimants

ACC’s policy is to permit Claimants to make audio recordings of meetings. In anticipation that the Claimant may use their recording for complaints proceedings, the Vendor should ensure that the Service Provider also document the meeting.
Comment
There are no comments made yet.


There are no replies made for this post yet.
However, you are not allowed to reply to this post.
Sorry, the discussion is currently locked. You will not be able to post a reply at the moment.