Introduction
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Purpose
The purpose of this consultation is to obtain feedback from workers, employers, occupational health professionals, academics, and any other interested parties on proposed additions to Schedule 2 of the Accident Compensation Act 2001 (AC Act). Schedule 2 provides a streamlined cover route for personal injury caused by certain work-related gradual processes, diseases, or infections (WRGPDIs) resulting from exposures in employment tasks or environments.
Schedule 2 of the AC Act(external link) — New Zealand Legislation
MBIE wants to ensure that the proposed additions to Schedule 2 appropriately reflect the risks workers in Aotearoa New Zealand experience. Your expertise and/or experience can help to support further analysis on these options and ensure any additions to Schedule 2 have been comprehensively considered.
This consultation supports the principle of transparency and constitutes Stage 5 of the Schedule 2 Review framework agreed to by Cabinet in September 2022. The full review process is set out below.
Review process
Stage 1 – Initial determination
Stage 2 – Public consultation
Stage 3 – Independent researchers and medical experts' report
Stage 4 – MBIE consideration of the report
Stage 5 – Minister's consideration and stakeholder consultation
Stage 6 – Cabinet and Order-in-Council
Stage 7 – Evaluation
We want to ensure that the list of occupational diseases appropriately reflects those that workers experience in Aotearoa New Zealand and your expertise and/or experience could inform how Schedule 2 is kept up to date.
Context
In September 2022, Cabinet agreed to introduce a formal process for reviewing Schedule 2. You can find the full process here. In December 2022 it was determined that a review of Schedule 2 should occur because of developments in occupational diseases knowledge, the length of time since the previous review of Schedule 2, and the variety of claims for gradual process injury claims with a 50% or higher acceptance rate. The objectives underpinning this review framework are as follows:
- Clinical and epidemiological knowledge: how well Schedule 2 reflects current knowledge.
- Clarity: the review is easy to understand.
- Transparency and consistency: honesty and openness about what is involved in the review, including an evaluation of the framework against these objectives as soon as practicable after implementation of the review.
- How well the option maintains existing coverage: the outcome of the review does not narrow or expand the scope of ACC’s coverage.
Scope
This review is specifically focused on determining if additions to Schedule 2 are needed to ensure that Schedule 2 is up to date with epidemiological knowledge and is supporting fair access to WRGPDI cover. If the proposed additions to Schedule 2 are agreed to by Cabinet, the updates will be made via an Order in Council.
An Order in Council is a type of secondary legislation that is made by the Executive Council which gives effect to Cabinet decisions. The Order in Council process does not require public consultation and there are no Select Committees held on the matter. Therefore, this consultation provides the opportunity for the public to submit their feedback on the proposed additions to Schedule 2 and to help inform our final recommendations.
Section 336(1) of the AC Act sets the following parameters for amending Schedule 2 by Order in Council:
(a) adding or varying the description of a personal injury, together with the corresponding—
(i) agents, dusts, compounds, substances, radiation, or things (as the case may be) and, if appropriate, the relevant level or extent of exposure to such agents, dusts, compounds, substances, radiation, or things; or
(ii) occupations, industries, or processes; or
(b) updating the schedule in order that the schedule may conform with the terminology or recommended practices of any international organisation.
Accident Compensation Act(external link) — New Zealand Legislation
This review will not consider wider changes to the AC Scheme or AC Act, including broader cover for WRGPDI, changes to section 30 of the AC Act, how other injuries are covered under the AC Act, or the addition of work-related mental injury cover to Schedule 2 (as this is dealt with in section 21B of the AC Act).