Preparing for a Review
Once you have applied for a review DRSL will contact you to arrange a hearing date.
At the hearing both sides get to put forward their information, evidence and arguments to support their view. The reviewer looks at all of the information that has been provided and makes a decision on what needs to be done to resolve the dispute. This can be anything from upholding the original ACC decision to overturning it, including decisions about money and payments.
The information on this page will help you to prepare for a review. Although it is thorough, you may also want to contact a qualified professional such as a lawyer or professional advocate for advice about your specific case.
To prepare for a review:
Before you come to a review hearing, try and be clear about what your argument is. You may also want to think about what you want to happen to resolve the dispute.
If you are having a representative (e.g. a lawyer or advocate) at the hearing, let them know the date of the review hearing as soon as you can, so that they have time to prepare your case.
If you would like to have a witness or witnesses give evidence, please let the reviewer and other parties know before the hearing date, and provide details about what the witness’s evidence will be. If you have new evidence that you will be bringing to the review hearing, you need to give copies to the reviewer and other parties at least three working days before the hearing
You don’t have to attend the hearing, but it is a good idea. You can give evidence in writing instead, or have someone else present it for you.
Who Can Attend the Review Hearing?
Anyone who is directly involved can attend the hearing, including:
- your reviewer
- you and/or your legal representative
- a support person if you wish
- a representative from ACC
- your employer and/or their representative (for work injuries)
- witnesses or experts (if applicable)
- an observer from DRSL, as long as all parties agree
Note:
Review hearings are not open to the public.
Both sides can bring expert witnesses, but they must tell DRSL and all the other parties about it well in advance. Both sides can also bring legal representatives, observers, and you can also bring family/whanau, and/or a support person or friend, but please tell DRSL about it well before the hearing so they can make sure the venue will be big enough.
Legal representation and support people
Both parties can bring someone to the hearing to speak on their behalf. This can be anyone authorised by them, such as a solicitor, a union representative, a family member, or a friend. Parties can also bring along a support person, such as someone from their family/whanau. If you are planning to get a legal adviser it is important to do so as soon as possible after applying for the review, to avoid any delays, and to tell DRSL so they can work with your representative.
Submissions
All parties should prepare their submissions (arguments) well beforehand. You or your representative can read out or give spoken submissions, or they can be written and then presented at the hearing. The reviewer may ask both sides to exchange written submissions before the review.
Evidence
All parties to the review can present evidence (both written and oral, such as with a witness) at the hearing.
- Any person giving oral evidence may be asked to take an 'oath' or 'affirmation' (promise to tell the truth).
- Written evidence can be an affidavit or declaration – which is a written and signed statement that has been witnessed by a notary public, such as a Justice of the Peace – or be unsworn, such as a letter or note signed and dated by the writer, but not necessarily witnessed.
Both sides must share all of the information they will be presenting at the hearing with each other and the reviewer, in advance of the hearing date. If new evidence is presented for the first time at the hearing it may lead to the hearing being adjourned.
Witnesses
Both parties can bring witnesses to the hearing to support their case. Witnesses must be ready to be asked questions by the other parties.
Experts
Both parties can ask an expert (such as a doctor or technical expert) to provide evidence to the hearing. A written statement of this evidence should be sent to DRSL as early as possible before the hearing.
Observers
On rare occasions observers can attend hearings (usually a DRSL staff member), but they can only stay if all of the parties give permission. Everyone will be told who the observers are and why they are at the hearing. Observers can't participate in the proceedings and are not officially recorded as being there.
Interpreters
People can give evidence at the hearing through an interpreter, such as a language or sign language interpreter, if the reviewer thinks it is necessary. If you want to use an interpreter you should let DRSL and the other parties know as soon as possible before the hearing.
What if I Can’t Attend the Review Hearing?
If you planned to attend the hearing, but can’t, for example because of illness or an emergency:
- get in touch with DRSL before the hearing to let them know that you can’t attend, or
- get someone to go to the hearing for you and ask the reviewer to reschedule.
Note:
If the reviewer decides the hearing date can’t be rescheduled, or in the reviewer’s opinion should not be adjourned, the process will continue without you.
Information and Privacy Issues
Everyone involved in the hearing is entitled to see all the information the reviewer used to make their decision. However, this information is confidential and can't be used for anything else outside the review.
If the hearing involves a work-related injury, relevant information from the applicant's file may be shown to their employer (or to previous employers if they could be affected by the decision).