How To Be A Responsible Minister For The Health And Safety Incentive Scheme

Transcription

1 Vote ACC BRIEFING FOR THE INCOMING MINISTER This document has been proactively released. Redactions made to the document have been made provisions of. Purpose The purpose of this initial briefing is to give the Incoming Minister sufficient information to meet their initial requirements. It is not intended to be a detailed analysis of the portfolio or of policy issues. The briefing is part of a wider process. Ministers will be able to call for a fuller briefing on issues of interest and importance to them during that process. This allows the initial briefing to be wide ranging, enabling the Minister to see the breadth of the portfolio, while still being concise.

2 Contents 1. Portfolio overview... 3 The ACC scheme plays an important role in the economy and New Zealand society... 3 Delivering on your portfolio commitments... 4 Outline Portfolio responsibilities... 6 Portfolio functions and responsibilities... 6 Agency roles and responsibilities:... 7 Key officials... 7 Agency roles and responsibilities: Treasury... 8 Key Treasury officials... 9 Legislative responsibilities Focus for the first 100 days Key policy issues for your decisions or action in the first 100 days Summary of proposed upcoming briefings Major links with other portfolios Annex 1: Relevant legislation and regulations Accident Compensation Act Regulations made under the Accident Compensation Act Annex 2: ACC and FairWay Boards ACC FairWay Resolution Limited Annex 3: Key stakeholders Annex 5: Key Officials Page 2 of 22

3 1. Portfolio overview The ACC scheme plays an important role in the economy and New Zealand society New Zealand s accident compensation scheme is a key social and economic institution. It is your role as Minister for ACC to ensure that the scheme s framework is fair and sustainable, and that it is delivering effectively on its key objectives: to prevent injuries, and provide rehabilitation and compensation. The principles underpinning the scheme (the Woodhouse principles 1 ) are enduring and have remained relatively untouched over the scheme s 40 year history. While the scheme has experienced a number of issues in the past, it is currently enjoying a period of relative stability. There is broad buy-in from New Zealanders to the social contract that the scheme embodies. This social contract replaces civil actions for damages arising out of personal injury by accident, with a comprehensive no-fault scheme in which the community assumes responsibility for the economic consequences of those accidents. In particular there is general acceptance of: The comprehensive objectives of the Accident Compensation Act 2001 (the AC Act). These objectives are to prevent, rehabilitate and compensate for injuries. The no-fault nature of the scheme. Cover is independent of whether fault is involved and whether the claimant has paid for cover. The scheme s funding arrangements. ACC is funded on a full funding basis, which seeks to hold sufficient assets to cover the costs of injuries over the lifetime of all injury claims, regardless of when those costs will be incurred. Funding comes through a mixture of levies and government appropriation. Delivery of the scheme predominately by a single Crown entity (ACC). Employers also have the ability to elect to take responsibility for the work-related claims of their employees (with no variation in cover or entitlements). Differentiated levies based on performance. This provides incentives and equity across levy payers. 1 The scheme arose out of the 1967 Royal Commission of Inquiry on Workers Compensation, chaired by Mr Justice (later Sir) Owen Woodhouse. The Commission s Report, commonly referred to as the Woodhouse Report, recommended that workers compensation should be extended to all injuries on a no-fault basis. The Commission had five guiding principles: community responsibility; comprehensive entitlements; complete rehabilitation; real compensation; and administrative efficiency. Page 3 of 22

4 It is also important to consider how the scheme works in the broader context of the economy and the government s finances, how it delivers alongside the health system, and its contribution to the government s wider injury prevention objectives. ACC has a significant impact on the economy. Its investment portfolio is currently worth around $27.8 billion with over two-thirds invested domestically. Furthermore, levies and Crown funding currently equate to over 2 per cent of gross domestic product. Effective prevention and rehabilitation makes a real difference to the lives of New Zealanders and to the productivity of New Zealand businesses 2. The Ministry of Business, Innovation and Employment (), as your policy advisors on the scheme, will advise you on both the Government portfolio commitments and other opportunities for the scheme to better deliver on its core objectives, as well as how you could collaborate with your colleagues to drive better outcomes for New Zealanders across government portfolios. Delivering on your portfolio commitments understands that the Government wants to make progress in the following areas (further advice on how to meet these commitments is provided in section 3 of this brief and will be provided in follow-up briefings): 1. Reduce levies next year. is currently drafting regulations which implement Cabinet decisions on the 2015/16 levy round which will give effect to this commitment. 2. Reduce levies even further, beginning in Significant work has been undertaken to meet this commitment, Information the Official Information Act 3. Continue to focus on prevention. ACC, and WorkSafe NZ are currently developing a Safety Star Rating Scheme to incentivise more effective workplace health and safety practices (including considering the impacts on the other incentive products), and are working on a joint injury prevention plan. Advice and information on this work will be provided to you shortly. 4. Further improve systems and processes. Many of the portfolio commitments in this area are being actioned by ACC. is working on improvements that could be made to the ACC regulatory framework itself to achieve greater efficiency and better outcomes for people, and which will support any changes to improve the scheme identified by ACC. 2 A recent study estimated the total annual cost of injury in New Zealand to be more than $10 billion, including $2 billion in lost productivity and $7 billion in human costs. These figures do not include ACC overheads of $370 million. See O Dea D. and Wren J New Zealand Estimates of the Total Social and Economic Cost of Injuries. For All Injuries, and the Six Injury priority areas. For Each of Years 2007 to In June 2010 dollars. Report to New Zealand Injury Prevention Strategy. Wellington, New Zealand. Page 4 of 22

5 Outline Section 2 outlines your functions and responsibilities for the ACC portfolio and the roles and functions of and Treasury s Commercial Operations Unit. Section 3 outlines in more detail the decisions and actions that will be required from you in the first 100 days. Section 4 indicates forthcoming briefings and the decisions required. Page 5 of 22

6 2. Portfolio responsibilities Portfolio functions and responsibilities As Minister for ACC you are responsible for the strategic policy framework and the overall performance of the scheme including the Corporation. The Crown Entities Act 2004 sets out the obligations for Ministers responsible for Crown entities. As the Minister for ACC, you will exercise this responsibility through your relationship with the ACC Board and, in particular, the Chair of the Board. The current Chair is Paula Rebstock. ACC s Chief Executive, Scott Pickering, is accountable to the Board for the scheme s day-to-day management and the services that administer and support the scheme. As Minister for ACC your key responsibilities are: developing proposals to improve the policy framework of the scheme, as set in the AC Act and related regulations sending a letter of expectations to the Chair of the Board at the start of each financial year to inform the negotiation of the Statement of Intent, the Service and Purchase Agreement, and outline the performance and behaviour expected of ACC setting, with the Board, the annual Service and Purchase Agreement specifying the quality and quantity of services ACC is to deliver in the coming financial year monitoring the ACC s financial and non-financial performance against the key performance measures and targets set out in the Statement of Intent and the Service and Purchase agreement considering recommendations on levy rates to fund the Work, Earners and Motor Vehicle Accounts, and making your recommendation on these to Cabinet for their implementation by regulation approving the design of, and key amendments to, incentive schemes agreeing an annual service agreement with the Minister of Health for the purchase of public health acute services for services provided by district health boards making appointments to the Board 3. As Minister for ACC, you are also a shareholding Minister for the Crown company, FairWay Resolution Limited (FairWay). The other shareholding Minister is the Minister of Finance. 3 The next set of Board re/appointments will be the terms of four Board members that end on 2 September 2015, including the Chair and Deputy Chair. Page 6 of 22

7 FairWay is an independent Crown-owned company listed under Schedule 4a of the Public Finance Act FairWay provides specialist complaint management and dispute resolution services in New Zealand and is the main provider of independent dispute resolution for ACC. FairWay works with clients to prevent, manage, resolve and learn from conflict. In recent years FairWay has diversified its services to include dispute resolutions services for the telecommunication, financial services, and real estate sectors, and most recently family dispute resolutions. It has approximately 120 staff and contractors throughout the country, with offices in Auckland, Wellington and Christchurch. Your key responsibilities regarding FairWay are: setting out the Government s interests and priorities in a Letter of Expectations at the beginning of each financial year monitoring the company s financial and non-financial performance making appointments to the FairWay Board 4. Agency roles and responsibilities: s Labour Environment Branch is the policy advisor to the Minister for ACC on the scheme and ACC. advises on both the primary legislation and regulations governing the scheme, the setting of levy rates, and the scheme s performance on the delivery of policy objectives. also administers the appropriation for the Crown funded Non-Earners Account. provides monitoring support to you regarding FairWay, with support from the Treasury Commercial Operations Unit (for the Minister of Finance). The division of responsibility between and ACC reflects ACC s institutional set up as a Crown agent and allows ACC to focus on the effective delivery of the scheme. This leaves the Minister and to focus on the scheme s legislative framework, broader direction, and balancing scheme interests and the interests of claimants, providers and levy payers. The setting of ACC levies illustrates the importance of advice. While ACC consults on and recommends levy rates to the Minister for ACC within the AC Act framework, the AC Act also requires the Minister for ACC to consider the public interest when making decisions regarding the scheme. can support the Minister for ACC to consider ACC s levy recommendations against these public interest issues, which are strictly and appropriately beyond ACC s area of responsibility. and ACC have a close working relationship in order to deliver the scheme outcomes effectively. Key officials Key contacts are set out in the table below: 4 The terms of three Board members, including the Chair, are scheduled to end in We will discuss your intentions for the Board with you closer to the time, in mid Page 7 of 22

8 Information the Official Information Act Contact Role Priority Area Contact details David Smol Cath Atkins Kirstie Hewlett Rob Hodgson Bronwyn Turley Chief Executive, Ministry of Business, Innovation and Employment Acting Deputy Chief Executive, Labour and Commercial Environment Group General Manager, Labour Environment Branch Manager, Health Safety and Compensations Systems Policy Manager, Health Safety and Compensations Frameworks Policy All The Labour and Commercial Environment Group covers most of the regulatory systems that affect business and consumers The Labour Environment branch provides policy and regulatory advice on employment relations and standards, workplace health and safety, and accident compensation Policy and regulatory advice on workplace health and safety, and accident compensation Policy and regulatory advice on workplace health and safety, and accident compensation Agency roles and responsibilities: Treasury Treasury Commercial Operations group (TCO) represents the Crown s ownership interest in entities with pure commercial objectives, such as State Owned Enterprises (SOEs), and those with a mix of commercial and other objectives, such as ACC and Housing New Zealand Corporation. The Treasury works to allocate capital to its highest and best use, build effective and enduring relationships, use all practical levers to challenge and influence, and execute and deliver. The TCO advisor for ACC manages the Treasury s relationship with ACC. The advisor provides the TCO focal point for ACC strategy, performance and monitoring activities. In addition to advising the Minister for ACC, the TCO advisor provides oversight of the Board appointment and evaluation processes, the annual performance cycle, and strategic and performance analysis. TCO also monitors and reports to you on ACC s Shaping our Future (SOF) programme. TCO has engaged Treasury s Major Projects Monitoring team to provide relevant expertise. The primary monitoring function is undertaken by TCO, Major Projects Monitoring, and the Government Chief Information Officer (GCIO) Assurance team. Department of Prime Minister and Cabinet, State Services Commission and are briefed regularly. Page 8 of 22

9 Information the Official Information Act Key Treasury officials Contact Role Priority Area Contact details Gabriel Maklouf Vicky Robertson Chris White Nick Hill Secretary and Chief Executive Deputy Chief Executive Director, Commercial Operations Manager, Governance and Performance Government s chief economic and financial adviser, and leads the Treasury s work to help raise living standards for New Zealanders through a stable, growing economy, and a high performing public service Responsible for the Treasury s commercial, financial and corporate operations and the performance of the Treasury as a whole. The Commercial Operations group represents the Crowns ownership interest in the Crown commercial portfolio Governance and performance of all entities in the Crowns commercial portfolio Tim Stewart Senior Advisor ACC Legislative responsibilities As Minister for ACC you are responsible for the AC Act, which provides for scheme cover, entitlements, dispute resolution processes, and some operational constraints imposed on ACC. The Minister for ACC is also responsible for the regulations made under the AC Act. These include more detailed provisions for the collection of levies and payment for service providers. As discussed above, is responsible for assisting you in administering the AC Act and advising you on legislative and regulatory change. There are instances where the AC Act requires you to undertake consultation with the public or specific stakeholders before making regulations, depending on the nature of the regulations being considered. In most cases is the appropriate agency to undertake this consultation on your behalf. One notable exception is that the AC Act requires ACC to consult on levy rates and technical updates to the levies framework. Page 9 of 22

10 3. Focus for the first 100 days Key policy issues for your decisions or action in the first 100 days Free doctors visits for under-13s and updating cost of treatment regulations A key commitment given in the health portfolio is to make GP visits and prescriptions free for under- 13 year olds from 1 July For free GP visits to apply to visits involving injuries, additional funding from appropriations is required for the Non-Earners Account. At the same time we will be seeking for approval to undertake targeted stakeholder consultation on cost of treatment regulations as required by the AC Act. This will enable regulations to be amended in time to take effect by 1 July Information Funding policy for Levied Accounts Uncertainty about the Government s funding policy preferences has contributed to a number of years where the Government s agreed levy rates have been significantly different from ACC s recommendations. This issue is important for maintaining levy payers confidence that ACC levies are fair and that the scheme s finances are being responsibly managed. Information Implementing 2015/16 levies and the vehicle safety rating programme One of the core policy functions of the Minister for ACC is the regular updating of ACC levy rates in response to recommendations from ACC. Cabinet agreed the 2015/16 levies on 4 August 2014 [CAB Min (14) 26/13]. These decisions are the commitment to reduce levies next year by an average: $135 for motor vehicles ($330 to $195 a year) 5 cents per $100 liable earnings paid by employers (from 95 to 90 cents). Amendments to four sets of levy regulations are required to give effect to these changes. Information Page 10 of 22

11 would need to take effect. well ahead of 1 April 2015 when the new Work and Earners levies Information Cabinet agreed to a vehicle risk rating programme taking effect from 1 July 2015 (when levy changes in the motor vehicle account take effect), pending further work on a minor aspect of the policy and to determine the most appropriate method to rate new vehicles that are yet to be accurately rated by crash safety data. Cabinet delegated this work to you to undertake. Non-Earners Account review of how the appropriation is set Information The Non-Earners Account is funded through government appropriation under Vote ACC and is administered by. It covers injuries suffered by people not in the paid workforce (such as students, beneficiaries, children and retired people). Information Accident Compensation Act 2001 There are two Bills going through the House that involve changes to the Accident Compensation Act First, the Health and Safety at Work Bill is part of the most comprehensive workplace health and safety reform since 1992, involving change across the entire health and safety at work system. The Bill is being considered by the Transport and Industrial Relations Committee. Changes the Bill introduces include removing prescription in the provision of workplace voluntary incentive programmes and improving the collaboration between ACC and WorkSafe NZ in the delivery of injury prevention initiatives. The second is the Objectionable Publications and Indecency Legislation Bill which changes penalties relating to objectionable publication and introduce a new offence of indecent communication with a young person. The Bill proposes amendments to the AC Act to add two criminal offences (sexual grooming and indecent communications with a young person) for the purpose of establishing ACC sensitive claims cover. Information Page 11 of 22

12 Information Safety Star Rating Scheme The current ACC health and safety incentive programmes with their focus on systems and processes have achieved only marginal reductions in injury claims. In addition, many businesses believe they have moved beyond the level of the existing schemes, and uptake has been low. Issues have been raised by business about inconsistent approaches between ACC who audited the scheme and the health and safety regulator. The Independent Taskforce on Workplace Health and Safety recommended in its 2013 report that the Government introduce a business health and safety rating scheme which would contribute to the 2020 target and the required step change in New Zealand s health and safety culture. In response the Ministers for ACC and Labour in 2012 announced work on a Safety Star Rating Scheme (SSRS), with WorkSafe NZ responsible for assessing businesses, and levy discounts administered by ACC. The scheme is being developed by ACC, WorkSafe NZ and (as the policy agency for both entities). The Safety Star Rating Scheme aims to more effectively assess businesses health and safety and offer businesses a range of financial and non-financial incentives to reward and recognise robust health and safety practices. This includes procurement incentives: it is intended that the scheme would give businesses a competitive advantage when competing for contracts. Businesses will also receive guidance on how to improve their health and safety, helping them to be more confident in meeting the requirements of the new health and safety legislation. As part of this it will be important to explore Government s role in encouraging take-up of the scheme through high risk agencies either becoming part or using SSRS in procurement decision making. A Safety Star Rating Scheme health and safety assessment tool prototype has been developed. The tool takes a partnership approach to assessing a business. It looks at the risk management system across a business, and how priority health and safety risks are managed in practice at all levels of the business. Worker engagement, return-to-work and safety culture are more prominent than in current schemes. The initial proof-of-concept has been completed, and we are now refining the design, carrying out cost/benefit analysis, clarifying where the scheme sits within the broader suite of incentive programmes, and testing the proof-of-concept findings with a wider group of stakeholders. It is likely to take two to three years to fully develop, test and implement the scheme. Information Page 12 of 22

13 Information 4. Summary of proposed upcoming briefings Timing Issue Type of decision for Minister Agency Lead 7 October 2014 Vote ACC: Brief to Incoming Minister Information Briefing: No decisions. and Treasury 7 October 2014 Vote ACC: Brief to Incoming Minister Information Briefing: No decisions. ACC 9 October 2014 Challenges and Opportunities for the portfolio Information Briefing: No decisions. Mid-October 2014 Monitoring and Treasury Commercial Operations Information Briefing: No decisions. Treasury Mid-October 2014 Funding and Levies Information Briefing: No decisions. Joint and ACC Mid-October 2014 ACC Mid-October 2014 ACC Mid-October 2014 Working Safer and health and safety regulatory reform with ACC Act changes Information Briefing: No decisions. Mid-October 2014 ACC s incentive products and Safety Star Rating Scheme Information Briefing: No decisions. and ACC Mid-October 2014 Late October 2014 Injury Prevention Briefing Information Briefing: No decisions. ACC and WorkSafe Late October 2014 ACC Late October 2014 Free doctors visits for under 13s and ACC Late October 2014 Updating cost of treatment regulations Page 13 of 22

14 Information Timing Issue Type of decision for Minister Agency Lead November 2014 and ACC November 2014 ACC s first quarter report Monitoring report no decisions Treasury November 2014 FairWay s first quarter report Monitoring report no decisions December 2014 and ACC December 2014 Work and Earners levy regulations new 2015/16 levy rates and updates December 2014 January 2015 ACC s Financial Conditions Report No decisions ACC Early 2015 Policy response to Financial Conditions Report TBC Early 2015 Progress of the Safety Star Rating Scheme, ACC, WorkSafe NZ Early 2015 Motor vehicle levy regulations new 2015/16 levy rates and updates Early 2015 Early 2015 ACC s second quarter report Monitoring report no decisions Treasury Page 14 of 22

15 Information Timing Issue Type of decision for Minister Agency Lead Early 2015 FairWay s second quarter report Monitoring report no decisions Early 2015 Page 15 of 22

16 5. Major links with other portfolios The accident compensation scheme and its delivery through ACC cuts across many key Government areas: Labour worker rights and workplace health and safety Health sector delivery of treatment and rehabilitation Justice interface with tort law and review processes Welfare system income support for carers and disabled people ACC Injury prevention Compensation Rehabilitation Transport sector road safety Finance ACC s investment portfolio and major part in government finances Page 16 of 22

17 Annex 1: Relevant legislation and regulations Accident Compensation Act 2001 The purpose of the AC Act is to enhance the public good and reinforce the social contract represented by the accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic, social, and personal costs), through establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury providing for a framework for the collection, co-ordination, and analysis of injury-related information ensuring that, where injuries occur, the Corporation's primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant's health, independence, and participation ensuring that during their rehabilitation claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants' Rights ensuring that persons who suffered personal injuries before the commencement of the AC Act continue to receive entitlements where appropriate. Regulations made under the Accident Compensation Act 2001 Regulation Status Description Accident Compensation (Apportioning Entitlements for Hearing loss) Regulations 2010 Reviewed 2013/14 Sets out ACC payments to claimants for hearing devices, assessments, repairs and fittings. Accident Compensation (Earners Levy) Regulations 2014 Accident Compensation (Experience Rating) Regulations 2014 Reviewed annually but no requirement to do so Reviewed annually Details the ACC levy to be paid by workers. Provides for an experience rating system for businesses based on ACC claims made by a business, which may result in an increase or decrease in the Work Account levy paid by that business. Page 17 of 22

18 Regulation Status Description Accident Compensation (Liability to Pay or Contribute to Cost of Treatment) Regulations 2003 Payments updated 2014 Sets out payments to be made for treatment to health providers such as GPs and physiotherapists on behalf of claimants. Accident Compensation (Motor Vehicle Account Levies) Regulations 2013 Reviewed annually Details ACC levy to be paid by motorists including motorcyclists. Accident Compensation (Work Account Levies) Regulations 2014 Reviewed annually Details the ACC levy to be paid by businesses. Accident Compensation (Ancillary Services) Regulations 2002 Amended 2014 Sets out payments and payments conditions for services ancillary to treatment such as transport and pharmaceuticals. IPRC (Applications to Determine Previous and Subsequent Injury Entitlements) Regulations 2003 Provides for disputes between ACC and a private insurer over who is liable for payment of entitlements for a subsequent injury (an injury that occurs as a result of a previous injury) to be heard in the District Court. From the period of competition. IPRC (Code of ACC Claimants Rights) Notice 2002 IPRC (Indexation) Regulations 2002 Approves the ACC Code of Claimant Rights. The Code sets out the service level a claimant should expect from ACC. Details a method of calculating inflation increases for a range of entitlements. IPRC (Interest Rate for Late Payment of Levies) Regulations 2002 Provides for a method of calculating interest for the late payment of any levy. IPRC (Lump Sum and Independence Allowance) Regulations 2002 Details a method for assessing eligibility for a lump sum or independence allowance. Also includes a scale for the payment of lump sums. IPRC (Occupational Diseases) Order 2007 IPRC(Public Health Acute Services) Regulations 2002 Reviewed 2007 Adds additional diseases to Schedule 2 of the AC Act. Schedule 2 sets out the diseases that are considered to be likely to be work-related and therefore eligible for accident compensation entitlements as a work-related gradual process disease or infection (WRGPDI). Defines public health acute services for the purpose of calculating the payment to be made to the Crown by ACC for treatment of claimants in the public health system. Page 18 of 22

19 Regulation Status Description IPRC (Refund of Fuel Levy) Regulations 2003 Sets out a process for claiming a refund on payment of the ACC levy on petrol where the petrol is used for specified purposes. A refund rate is specified. IPRC (Review Costs and Appeals) Regulations 2002 Accident Insurance ( Counsellor ) Regulations 1999 Payment schedule updated October 2010 Provides for the award to the applicant of legal costs and other expenses on review and the rules for appeal to the District Court. Prescribes the organisations a counsellor must belong to before ACC will pay for treatment of a claimant by that counsellor. Accident Insurance (Insurer Returns) Regulations 1999 Provides for private insurers to make statistical returns for the period of accident compensation competition. Accident Insurance (Interest on Crown Advances) Regulations 1999 Prescribes the way interest is to be paid on Crown advances to the Insolvent Insurers Fund and the Non- Compliers Fund under the Accident Insurance Act Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999 Updated 2010 Details procedures for conducting hearing loss assessments and the degree of hearing loss to be attributed to old age (presbycusis). Accident Insurance (Prescribed Rate of Interest) Regulations 1999 Prescribes the rate of interest applicable to debts due under various sections of the Accident Insurance Act Framework for Accredited Employers Programme Sets out the provisions required to be met to be part of the Accredited Employers Programme. There are a range of programmes offered from full self-cover to partial self-cover. Page 19 of 22

20 Annex 2: ACC and FairWay Boards The institutions and statutory and advisory bodies associated with the portfolio are the: Accident Compensation Corporation (ACC) ACC FairWay Resolution Limited (FairWay). The Accident Compensation Act 2001 requires that the Board of the Corporation shall consist of not more than eight members. Appointments are made by you in writing pursuant to the Crown Entities Act 2004 and no term shall exceed three years. Name Location Term Start Date End Date Ms Paula Rae Rebstock (C) Auckland Term 2 11/04/ /09/2015 Mr Trevor David Janes (DC) Auckland Term 1 03/09/ /09/2015 Professor Gregor David Coster CNZM, PhD Auckland Term 1 01/12/ /11/2016 Professor Desmond Gorman Auckland Term 1 03/09/ /09/2015 Ms Anita Jane Mazzoleni Auckland Term 1 19/07/ /07/2015 Ms Kristy Pearl McDonald QC Wellington Term 1 03/09/ /09/2015 Mr James Bruce Miller Auckland Term 1 01/03/ /02/2016 Ms Gillian (Jill) Spooner Canterbury Term 2 11/04/ /07/2015 FairWay Resolution Limited FairWay s constitution requires that the number of directors is determined by the Shareholding Ministers, but shall be no fewer than three and no more than seven directors. Appointments are made by the Shareholding Ministers in writing and no term shall exceed three years, unless the Shareholding Ministers consider it necessary or desirable in a particular case. Name Location Term Start date End date Peter Blades (Chair) Melbourne, Australia Term 2 01/07/ /07/2015 Anita Chan QC Dunedin Term 2 01/07/ /07/2015 Tupara Morrison Rotorua Term 2 01/07/ /07/2016 Daniel Nakhle Auckland Term 1 17/12/ /12/2016 Geoffrey Mark Sandelin Auckland Term 1 17/12/ /12/2016 Tarun Kanji Auckland Term 1 18/08/ / Page 20 of 22

21 Annex 3: Key stakeholders Stakeholder Business New Zealand New Zealand Council of Trade Unions Health and Safety Business Leaders Forum New Zealand Association of Accredited Employers (NZAAE) Key people Chief Executive: Phil O Reilly President: Helen Kelly Chair: Rob Jager Executive Director: Julian Hughes President Carl Stent ACC has a number of stakeholder groups that engages with on policy issues as appropriate. Stakeholder Advocates and Representatives Group (ARG) Consumer Outlook Group Older Persons Advisory Group Serious Injury Advisory Group Levy Setting Reference Group Motorcycle Safety Levy Advisory Council Comment Provides input into ACC s strategy, policy and legislative change, as well as identifying issues that relate to current policies and legislation. This group is made up of high profile advocates and lawyers, capable of understanding the issues faced by clients with complex injuries. Provides a consumer perspective on ACC service design and delivery, including providing advice/feedback on new services and on serious or systemic issues with current services. Provides the older persons voice into new services being designed, and for resolving issues with current services being delivered. Provides a voice for seriously injured client s into new services being designed, and for resolving issues with current services being delivered. Coordinates levy setting consultation. It includes ACC staff and representatives from the Automobile Association, Business NZ, the Council of Trade Unions and Federated Farmers. Advises ACC on investing in safety initiatives and programmes to make motorcycling safer on New Zealand roads, which the Motorcycle Safety Levy is collected by ACC to fund. The group is comprised of members passionate about riding motorcycles and road safety. Page 21 of 22

22 Information Annex 5: Key Officials David Smol Chief Executive Cath Atkins Acting Deputy Chief Executive Labour & Commercial Environment Kirstie Hewlett General Manager Labour Environment Bronwyn Turley Manager Health, Safety & Compensation Frameworks Policy Rob Hodgson Manager Health, Safety & Compensation Systems Policy Page 22 of 22