Posts by Kendra Beri

Navigating compliance and policy requirements for ACC Sensitive Claims Services is challenging. Strict standards must be adhered to in areas like trauma-informed care, health and safety, cultural competence, and client-centred service. But keeping policies updated and compliant can drain valuable time and resources from your team.

The Policy Place is a well known provider of online policies and procedures to health and social services. It has recently extended its service to ACC Sensitive Claims Suppliers offering Suppliers and their Providers regularly updated, sector-specific online policies that keep your organisation in step with ACC requirements.

Here’s how outsourcing policy management to The Policy Place can streamline operations, reduce risks, and help your team focus on delivering quality client care.

1. Ensure Compliance with ACC Standards and Reduce Risk

Sensitive Claims Services under ACC require rigorous compliance standards, and The Policy Place has the expertise to develop policies that meet these regulations while reflecting the latest legal updates. Outsourcing to a specialised policy provider helps you reduce compliance risks and demonstrates your commitment to upholding ACC’s high standards for quality and client safety.

Regular policy updates provided by The Policy Place mean that you’re never caught off guard by changes in ACC requirements. Their expertise keeps you aligned with best practices and ready for annual ACC verifications. Learn more about ACC’s compliance standards here.

2. Save Time and Resources with Professional Policy Management

Developing and managing policies internally can be time-consuming and costly, particularly when updates and reviews are required. By partnering with The Policy Place, you benefit from expert policy management, freeing your team to focus on core client services rather than administrative tasks. The Policy Place’s streamlined approach eliminates the need to track updates manually or worry about compliance gaps.

This efficiency also leads to cost savings by reducing internal administrative burdens, while avoiding costly compliance mistakes.

3. Access Sector-specific Expertise for Sensitive Claims Compliance

The Policy Place has in-depth knowledge of policies for sensitive claims and healthcare services, including ACC requirements. Their policies cover ACC’s Operational Guidelines and critical areas like cultural competence, and client confidentiality. This expertise ensures your policies address sensitive claims complexities and adhere to ACC standards.

Additionally, The Policy Place supports your organisation during audits and can provide expert advice on policy compliance, giving you the confidence that you’re fully prepared. For more on ACC systems and requirements for Suppliers and Providers see here.

4. Centralised Online Access for Easy Policy Management

The Policy Place’s online platform allows Sensitive Claims Suppliers and their Lead Providers and staff to access the latest policies from any location, anytime. This accessibility ensures that your team always works with the most current policies, fostering greater accountability and adherence across all levels of service.

A user-friendly, centralised platform also simplifies annual ACC compliance checks, with tracking features that allow managers to see which team members have reviewed the latest policies. This feature supports transparency and reinforces a culture of compliance.

5. Stay Current with Emerging Issues and Best Practices

In sensitive claims work, new challenges frequently arise—such as emerging AI risks, privacy concerns related to client data, and other tech-driven security challenges. The Policy Place proactively monitors and updates policies to address these trends, ensuring your organisation stays compliant with both ACC requirements and sector-wide best practices.

By partnering with The Policy Place, you’ll be equipped to handle these emerging challenges confidently, signaling to ACC that you prioritise quality, up-to-date standards in client care. If you’re ready to improve policy management with less effort, explore The Policy Place’s solutions tailored to sensitive claims providers.

For more resources on compliance and policy management, you may also consider platforms like GovernRight or NZ Navigator, which offer compliance support tools for the social services sector.

Conclusion: Outsourcing Policy Management for Better Compliance and Care

By outsourcing to The Policy Place, your organisation benefits from streamlined, expertly managed policies that support compliance with ACC requirements. This approach saves time, reduces administrative burdens, and supports your team to focus on providing trauma-informed, client-centered care.

If you’re looking to improve policy management with ease and expertise, contact The Policy Place to learn how their solutions can enhance your compliance efforts and strengthen your team’s dedication to quality care.

For social and community agencies in Aotearoa, managing limited government and philanthropic funding often presents tough decisions around employment. One approach that agencies may be tempted to use is hiring individuals as contractors instead of employees, especially when funding is time-limited. However, this strategy can backfire.

It risks falling into sham contracting – where workers are misclassified as contractors to avoid legal obligations and it can result in serious financial and legal repercussions. This issue has been recently highlighted  in the NZ Court of Appeal decision on Uber drivers

In this blog, we consider how to avoid sham contracting including contracting best practices.

What is Sham Contracting?

Sham contracting occurs when a worker is incorrectly classified as a contractor instead of an employee, typically to avoid paying entitlements such as minimum wage, holiday pay, or sick leave. While contractors are self-employed and responsible for their own taxes, employees have more protections under the Employment Relations Act 2000 and related legislation (eg minimum wages, leave entitlements).

Why is Sham Contracting a Risk?

Misclassifying a worker as a contractor when they should be an employee is considered illegal and can result in fines, backpay, and reputational damage. It can result in severe penalties for organizations, including fines, legal fees, and reputational damage. If a worker classified as a contractor later disputes their status and is found to be an employee, the organisation may be required to backpay wages, holiday pay, and make tax adjustments.

Uber Drivers Case

The importance of correctly classifying workers was highlighted in the New Zealand Court of Appeal Uber case. In this case, the Court affirmed the Employment Court’s 2022 decision that Uber drivers should be classified as employees, not independent contractors.

The Court emphasized that employment status is determined by the nature of the relationship, not by the label used by the company. Factors such as the level of control over the worker’s tasks and the degree of economic dependence are key.

This ruling has significant implications for anyone who employs a contractor. For social and community agencies, the decision reinforces the principle that even if government funding is temporary, workers performing core tasks should not be misclassified as contractors simply to reduce costs and for funding reasons.

Key Indicators of Employment vs. Contracting

To avoid sham contracting, agencies must assess the relationship between the worker and the organisation. Various factors, are relevant, including:

Control: If the agency controls when, how, and where the work is performed, the worker is likely an employee.
Integration: If the worker is integrated into the organisation (e.g., using agency resources, working with permanent staff), they are more likely an employee.
Economic Dependency: If the worker is economically dependent on the agency and does not have the freedom to work for others, they may be classified as an employee .

Why Time-ending Doesn’t Justify Sham Contracting

It may seem logical for agencies to treat workers as contractors when funding is short-term. However, even in these cases, the nature of the working relationship remains the decisive factor. For example:

Project-Based Funding: If a project is funded for a limited time, you can still employ workers on a fixed-term employment contract. This provides flexibility while ensuring compliance with the law.

Casual Employment: Another option is to hire casual employees, who work irregular hours and are only called in when needed. This arrangement offers flexibility similar to contractors but with the protection of employment status.

Best Practices for Contracting

Understand Employment Law: Ensure you understand the difference between contractors and employees. Under the Employment Relations Act 2000 and related laws, workers classified as employees are entitled to legal protections such as paid leave, minimum wage, and KiwiSaver contributions.

Review Contracts Regularly: Ensure that any contracts reflect the true nature of the relationship. If your contractors are performing core roles or working regularly for your agency, they may be employees in practice.

Use Fixed-Term or Casual Employment Contracts: When funding is temporary, hire workers under fixed-term contracts with a clear end date tied to the funding period. This ensures compliance while giving your agency flexibility.

Obtain Advice: If unsure, get legal or HR advice. This is particularly important when engaging workers for roles essential to your service delivery, such as social workers, administrators, and frontline staff.

Step-by-Step Process to Contracting

Evaluate the Role: Determine whether the role is a core function of the agency. If the worker is performing tasks central to your mission (eg providing care, administrative duties), they are likely to be an employee.

Assess Control: Evaluate the level of control the agency has over the worker’s duties. High control usually indicates an employment relationship.

Offer a Suitable Contract: Where appropriate, offer a fixed-term or casual employment contract. Clearly state the start and end date in line with your project funding. Ensure the worker is aware of their employment status and entitlements.

Monitor and Update Agreements: Regularly review contracts and working arrangements to ensure they reflect the true relationship.

Conclusion

While government funding constraints may make contracting seem attractive, agencies must ensure they comply with employment law. Misclassifying employees as contractors can expose your agency to legal action, financial penalties, and damage to your reputation. By following best practices, including the use of fixed-term or casual contracts, agencies will steer clear of sham contracting while remaining flexible.

Co-design is a user-centred approach that helps organisations create services and products that genuinely meet the needs of their users.

At the Policy Place we support agencies to achieve success through co-design. We provide policies and procedures to support the co-design methodology while ensuring an ethical approach and compliance with the law and regulations.

In this blog, we look first at what co-design is and then at how policies and procedures can optimise your co-design efforts.

What is Co-design?

Co-design is a collaborative process that involves all stakeholders—end-users, kaimahi/staff, and external partners—in the creation of services, products, or systems.  The goal is to achieve services and systems that align with the actual needs, preferences, and experiences of those they serve.

Policies and Procedure Ideas

1. Establishing Clear Guidelines for Co-Design Success

For co-design to be successful, it’s essential to lay a strong foundation with clear guidelines. Policies define the objectives and scope of your co-design initiatives, ensuring that all participants are aligned with the end goals.

Key Procedures:

Role Definition: Clearly outline the specific roles and responsibilities of co-design participants including users, staff, and external partners.
Ethical and Behaviour Standards: Establish ethical guidelines to ensure transparency, respect, and equity and behavioural expectations for respectful conduct to apply throughout the co-design process.

2. Promoting Inclusivity and Accessibility in Co-Design

Inclusivity is at the heart of co-design. By involving diverse perspectives, you have the chance to create services that truly meet the needs of all users. Policies can assist the inclusion of a broad spectrum of participants, making sure that voices from various backgrounds are heard and valued.

Key Procedures:

Diverse Participation: Mandate the involvement of participants from different backgrounds and experiences.

Accessibility: Ensure that the co-design process is accessible to all participants, including those with disabilities, by providing necessary accommodations and support (eg interpreters).

3. Facilitating Effective Communication in Co-Design

Effective communication is essential for the success of any co-design initiative. This is supported by policy guiding responsible use of communication channels and procedures that ensure all co-design participants and stakeholders are kept informed and have opportunities to contribute throughout the process.

Key Procedures:

Feedback Mechanisms: Implement structured ways to gather and integrate feedback, such as surveys, interviews, or regular check-ins.
Continuous Communication: Maintain open and regular communication channels throughout the design process.

4. Creating a Collaborative Co-Design Environment

Collaboration is the cornerstone of co-design. The right policies can foster an environment where collaboration flourishes. By recommending or mandating specific co-design tools and methods—such as workshops, brainstorming sessions, and prototyping—policies guide teams toward more effective collaboration.

Key Procedures:

Co-Design Tools: Utilise workshops, brainstorming sessions, and prototyping as part of the co-design process.
Conflict Resolution: Include strategies to address and resolve any conflicts that may arise between co-design participants, ensuring a positive and productive collaborative environment.

5. Encouraging Innovation and Flexibility in Co-Design

Innovation and flexibility are central to achieving effective outcomes through co-design. This should be encouraged in policy and through procedures to support the iterative nature of co-design.

Key Procedures:

• Define Iteration Cycles: Regular review points and milestones to assess progress and refine designs.
• Incorporate Feedback Loops: Continuously gather feedback from participants and other stakeholders, ensuring that it is documented, analysed, and used to inform subsequent iterations.
• Prototyping and Testing: Create and test prototypes at each iteration stage, making necessary adjustments based on feedback.
• Encourage Experimentation: Support creative exploration by allowing teams the freedom to test alternative solutions and approaches. Ethical parameter may be required.
• Evaluate and Learn: After each iteration, evaluate, document lessons learned, and apply insights to the next cycle of iteration.
• Participation: Hold regular hui/meetings with participants/other stakeholders to discuss progress and to ensure transparency and openness.

6. Ensuring Accountability and Continuous Improvement in Co-Design

Accountability is crucial for the success of any co-design initiative. Policies should establish clear metrics and procedures for monitoring the progress and effectiveness of the co-design process. Regular evaluations help ensure that the project stays on track and meets its objectives.

Key Procedures:

Monitoring and Evaluation: Procedures are required to track progress, evaluate the effectiveness of each iteration and make improvements.
Documentation:  Results and lessons learned should be documented for accountability purposes and to support future project development.

7. Navigating Legal and Compliance Considerations in Co-Design

Ensuring that your co-design process complies with all relevant legal and regulatory requirements is critical. Policies to guide data collection and management, compliance with laws such as the Privacy Act 2020, Health and Safety at Work Act 2015 and the Human Rights Act 1993 are important.

Key Procedures:

Compliance Monitoring: Procedures should monitor that all aspects of the co-design process are in line with legal and regulatory standards and new developments.
Risk Management: Identify potential risks and implement strategies to mitigate them, protecting both the organisation and its stakeholders.

Conclusion

Co-design offers immense potential for creating user-centered services by actively involving those who will use the final product in the design process.

If you want to unleash the potential of  co-design approach in a safe, ethical and lawful way contact us at the Policy Place for your policies and procedure needs.

We love co-design and want you to love it too.