May 30, 2011

I can see you Jansen...

Over a week ago, an email was sent to Dr Peter Jansen, asking him some very pertinent questions about information he may have shared on my file in order to serve me with a $250,000 defamation law case, which he subsequently dropped the day I filed my rather insightful defense. 

One question asked straight out, whether he accessed my private and personal information in order to serve legal papers. 

It's a fair enough question, considering I am "suppose" to be at a confidential address, not on any Election role, credit databases, IRD have confirmed no one accessed/shared information and even WINZ were kind enough to report back the same when I inquired - you know, just the usual handful of Government agencies that do share information. 

The only one left to respond is... (drum role)...ACC - well that is, if you excuse the wee explanation given to me by Denise Cosgrove, which basically says. " I can't tell you how I know or what I did in order to find out but I don't think he accessed your file." 

Oh right-o-then. 

So why would Dr Peter Jansen open the email sent to him more than 30 times, at least a few times today, forward it to three other email addresses and still not think to respond?

Short of being "inside" Dr Peter Jansen's very own computer, there is this rather useful tool I found on the Internet the other day. It tracks your email. It reports back when it has been read, how often it's been read, and where he was sent/forwarded to... yes, a very useful tool indeed. 

For all ACC claimants out there, may I suggest you download this resourceful tool, you know, for those days when you feel you're going nuts cause you've emailed these guys a dozen times and no one replies and moreover, when they claim they never received your email or even saw it.


http://www.readnotify.com/

May 19, 2011

Bullshit and fucking Jellybeans!


DENSIS COSGROVE - ACC

Thanks for your further emails.
We’ve got your claim file ready but due to its size we’ve discovered that we can’t post it to a PO Box.  Bearing in mind you don’t want to pick it up at a Branch, perhaps we can courier it to a person of your choice (GP, JP, friend or relative)? We’d much prefer this to ensure your information remains private.
You also asked for a copy of the report into whether Dr Jansen accessed your claim file.  Your request was made under the Official Information Act and so a formal response is required by law, and that response is attached to this email.
I’m sorry to say that we’ve had to turn down your request and I know that will be disappointing but there is a good reason.  Because it was prepared for internal ACC use, the report contains a lot of information about how we carried out the investigation and we need to keep that confidential.  If we let that information out it could prejudice our ability to carry out future investigations. 
But we can provide you with the Report’s conclusion, which states that:
“Based on the system access records investigated, we can confirm that the particular staff member has not accessed the claimant’s personal information through ACC system applications.
We can also confirm that the particular staff member did not access the specific claim physical file in the Sensitive Claims Unit …”

While I know you wanted the full report, I’m hoping its conclusion is a first step towards you regaining faith in ACC’s management of your personal information.
XXX, you’ve got my phone number and I’m willing to discuss things with you at any time.  

Kind regards

May 18, 2011

Round & Round the Mulberry bush


Hi Denise

Further to my email a week ago, when I asked for you to email me to let me know whether my file had been sent, I have not received a reply. I was under the impression that this would take a few days and yet a week later, you are still yet to confirm having even sent it. 

I understand, from your previous email that you were concerned about that lack of service I received at ACC and I did regard your initial reply as an attempt to rectify those admitted concerns. 

I would like to add, therefore, that this is yet another unacceptable delay in basic communication.


  1. I would like my file sent to me. When will that be done?
  2. I want acknowledgment of my previous email. 
  3. I want a copy of the report handed to Dr Peter Jansen on May 6th (12 days ago) that stated there was an investigation into who had access to my files.
  4. I want an explanation into the delay of that report (number 3)

 Yours sincerely

May 14, 2011

Poll Result - Name Suppression


A Poll taken on K1W1Jax asked: "Name Suppression for 'convicted' child sex offenders be:

  1. Automatically Given - No votes
  2. Never Given - 29%
  3. Up to the Victim - 77%

Currently, New Zealand has one national database for convicted sex offenders - the Sensible Sentencing Trust run on a voluntary basis and founded by Garth McVicar. This is a formidable site and extremely useful to those concerned, moreover, about these offenders once they're released. However, I dare anyone to try and locate a single convicted offender whose victim was related to them. In other words, you won't find any incest offenders because the Law, as it stands, grants them automatic name suppression, and in some cases, in spite of the victim's wishes - and that, as you can see, goes against what people think should happen. 



Reply to Denise Cosgrove - Part 2

[Part 2: MAY 11, 2011}


Furthermore, Dr Peter Jansen claims to have not known I was a SCU client and that through my blog name only, he managed to locate me. His Press Release last Friday supports this. 

It is very unsettling to think anyone can make a quantum leap from a random blog name to a full double-barreled name and current "confidential" address. A double-barreled name that only ACC knows. This is of great concern to me Denise as I am currently under Police Protection, on no electoral role, do not own a house or any other assets that would warrant my details on any database of any kind. My ISP address only directs, those curious enough to want to know, to a static internal Network address of which there are approximately 600 users. My name is nowhere on this system. I am also gravely concerned that the ex-cop who served me was my mother's old lover - her address just so happened to be the last known address that ACC has on record and, coincidentally, the last known "rendezvous" point where he met my mother, and in return, I met him. 

I have already had the Police investigate into whether he pulled some strings within the Police Force to access my files - as he is an ex-Detective - and have been assured no information was passed from that direction. My file, as such, means that only one Detective knows my whereabouts and those details are not even stored on the Police database. 

So, it begs the question.... how did Dr Peter Jansen find me?

This may not be of interest to you but it does led into your next suggestion which, is to go straight into a counselling role with someone reporting back to ACC. 

To be perfectly frank Denise, until I get some assurance that Dr Peter Jansen did not access my personal file for his own private legal action, I cannot trust your Organisation to provide the safety and assurance that is required. Obviously, once I am in receipt of the "report" I will be in a better position to make a final decision. . 

I appreciate your acknowledgement and subsequent apology into the lack of service I ought to have received. However, I remain embittered by the fact that I am only receiving this as a result of legal action thrust upon my by one of your employees, a Parliamentary inquiry, pressure from the Press, and (from my perspective) a gross invasion of my privacy. 

Therefore, if you truly think an apology is in order, I want one from Dr Peter Jansen. 

I look forward to your replies to my concerns.

Reply to Denise Cosgrove - Part 1


Hi Denise

Thank you for your contact.

I would prefer my file be sent as requested, to my private PO Box. Can you let me know when you've sent it so I can, in return, email you to assure receipt. I understand that collating my entire file may take a few days.

However, and with regards to the 'report' ACC undertook into ACC staff accessing my file, I do not understand why this would take longer to provide. From my understanding, Dr Peter Jansen has this already. At least his Press Release on Friday eluded to this fact. I would therefore, suggest you perhaps get a copy of his copy and forward to me as a matter of urgency?  

May I say, at this point, that Dr Peter Jansen took his legal action on my as a personal citizen. My understanding of that meant, he distanced himself from ACC and was one of the 'reasons' why Dr Nick Smith, Minister of ACC, would not comment on the action.
The minister says he is unable to intervene, as its a matter between individuals before the court, but hopes that common sense prevails.
Please tell me then, why ACC thought to provide him with a copy of my file and whether or not it had been "unlawfully" accessed and, still made no effort whatsoever to contact me or provide me with the same information, and why (now) I have to wait for a copy? It does not make sense to me that, when it suits Dr Peter Jansen, he sues me as a private citizen in order to distance himself from ACC and then falls back on his position, within ACC, to access information into my concerns - and, moreover, why ACC provided it? 

How can I be assured ACC is protecting my privacy when a "private citizen" can access my files? 


May 11, 2011

Goldfish In A Bowl....

Letter from Denise Cosgrove - May 11, 10:36am





I appreciate you getting back to me so soon. (I’m also happy to keep in contact via email but I’m willing to talk with you at any time, if you wish). We’re gathering all the information on your claim file right now and it’ll be available to you shortly. You’ve asked for it to be sent to a PO Box, which we’re happy to do, but we’d prefer for you to pick up the file at your local ACC Branch. This way we can absolutely be sure you’ve got your information and that we’ve given it to the right person. Please let me know your thoughts on this.

I’ve also asked for the report on the review we undertook into ACC staff accessing your file to be given to you shortly. I have to let you know though that this may not arrive at the same time as your claim file. What I can tell you now - which you might be interested in knowing - is how we went about this review. We asked our Chief Internal Auditor to look thoroughly through our computer system to see who had accessed your claim file, and when, and to identify and examine any other possible non-computer system based access.

Please be assured, XXX, that my first concern is with you getting the necessary help you need from ACC. I’d like to see that set in motion as soon as possible and therefore want to offer you the ability to proceed immediately to a counsellor (or other sexual abuse professional) of your choice for 16 hours of ACC-funded treatment. This was the level of treatment recommended for you by the internal panel following your assessment. Please let me know if you wish to proceed with this and who you would like to use. In addition, we have assigned a senior team manager in the Sensitive Claims Unit to assist you. Her name is Selena XXX and her email is XXX@acc.co.nz. You can contact XXX on 04 816 6422, extension XXXX if you need to talk with her at any time.

And lastly - but perhaps most importantly - I do want to apologise to you. Having now had a chance to look into the management of your claim, I feel that ACC could have offered you a better level of service. In particular, it took too long to get the independent assessment completed and we should have kept in touch and followed up with you more often. I'm sorry that you find yourself in this situation with ACC, and I would welcome the opportunity to talk further with you about this and any other concerns you may have.

Kind Regards

May 9, 2011

Passing the Buck?


The story, thus far: Around two years ago I applied to ACC for counseling. It was recommended by the Police due to a pending historical sex abuse case. I went to an assessment. Seven months later, I was still waiting to hear back from ACC. I emailed. Nothing. I called. Nothing. I went into a horrible state of depression. Around two years passed.

Less than a month ago, my first contact with ACC was legal action from Dr Peter Jansen, a senior medical advisor for ACC. I apparently defamed him by calling him an "incompetent" prick on this here blog. Interestingly, he never thought it was defamatory to call him a prick, just an incompetent one and equally interesting, at the time of posting, I had only 15 followers - all friends I had probably bribed with emotional blackmail to follow me on my blog. Yeah, so hardly the FBI files, right?

For nearly three weeks I was not allowed to say the word 'incompetent." I had to listen to radio stations claiming there was a "tirade of abuse" about Jansen on my blog. I was not allowed to say, it was hardly a tirade. It was the word... incompetent.

Media started hounded me for personal details, in particular the whereabouts of me and my daughter. Apparently that's News. They even got some crony to pose as my ex-husband in an interview, anyone that would slag me off and attest to things like - I'm an alcoholic, a compulsive liar, a bludger, beneficiary, a professional victim, and have a mental illness. Well I think ACC should hire this crony cause it's a lot less than the $3000.00 they paid for an assessor to come up with PTSD!

I decided to fight back.

I Goggled two of those most respected lawyers in New Zealand - John Millar (http://www.jmlaw.co.nz/) and Steven Price (http://www.medialawjournal.co.nz/).

For the next 25 days, they worked to provide one of the most comprehensive defenses I have ever seen. Aside from the four legal defenses against "defamation", they also went on to include a "tirade" of documentation on the handling of ACC's Clinical Pathways - what I fondly refer to as the Government Assisted Suicide Package.

I hoped like hell that Jansen's ego would get the better of him and he'd proceed to Court because, as his spin doctors would have told him, his case opened up the whole ACC debacle for debate and hundreds of other claimants would come forward. Well someone, somewhere, told Jansen to pull his head in, that his ego was writing cheques ACC couldn't afford, cause within hours of submitting my defense, he dropped his action, and his lawyer issued the previously posted insanely pious statement.. pious meaning: To make a hypocritical display of virtue.

The Media called for my response. I guess calling Jansen a chicken shit doesn't wash with most conventional news people cause nothing I said was published.

I emailed Nick Smith - After all, the Court case was over but where was Jansen's pious claim that "Jax's recovery must take precedence now," as if that was the ONLY reason he was withdrawing legal action - a definite Tui advertisement here.

No response from Nick Smith.

But wait.... I got this today.
Hi
I'm ACC's General Manager for Claims Management and I would very much like to talk to you personally about how we've handled your claim. I'd like to hear your thoughts and concerns directly and discuss with you what we're proposing to put in place to support your recovery.
I've tried a couple of times to call you but the telephone number we have on file (XXXXXXXXXX) no longer appears to be in service. Is there another number I can use? Please feel free to email or call me on 04 816 7146 (my PA, Eleni Simons will answer) and also to suggest a time that would suit you to talk to me.

I look forward to hearing from you...
Kind Regards

Denise Cosgrove
General Manager Claims Management

First question.... so where did you get my personal email address from Denise? Obviously Nick Smith. I don't have any problems with that - just as long as we all recognised that information does get shared when it serves a mutual goal.

Secondly, interesting to note that you couldn't find me, other than via Nick Smith, so pray do tell, what (obviously unorthodox) methods did your colleague use to find me under a confidential address etc?

Okay. Maybe it's an olive branch... maybe I'm naive? Best Google the chick first:
First up: http://www.stuff.co.nz/southland-times/news/4569193/Raw-deal-from-ACC-upsets-city-woman A we story about some ACC Claim being refused. Denise Cosgrove saying: "We are not saying people don't need surgery, it's just that it's not ACC's responsibility."
Second search: http://www.stuff.co.nz/national/health/4425366/ACC-backs-down-over-giving-client-the-boot. A teenage girl shot in the face, who was told to "get off the couch" and go back to work by claims management general manager Denise Cosgrove.



Marches protesting changes to ACC's criteria for counselling for sexual abuse victims have been held in the major cities. Denise Cosgrove says "The changes will mean the "right people" make the diagnosis and they will be "certainty up front".
Change of search engine... YouTube, first hit....A presentation given by Denise Cosgrove where she is heard saying "the most significant was the underpinning cultural change in the organisation, shifting the focus of our people from customer service essentially, to focusing on cost and liability management and I've been impressed....." (http://www.youtube.com/watch?v=5AG2kPi-cV8

Well this should certainly be interesting As they say in "Blog land"... will keep you posted. 

Thank You....

Thank you to all the people who supported me in the "fight" against the Clinical Pathways of ACC, Peter Jansen, and just downright bullying in general... "You raise me up"

May 6, 2011

Jansen LOSES Legal Action

This morning, I filed my defense against Jansen's "claim" of defamation. By 3pm this afternoon, he'd released the following statement.



STATEMENT BY DR PETER JANSEN

ACC has informed me that the investigation I requested has concluded that I never accessed any personal information held by the Corporation regarding “k1w1jax”.

As k1w1jax was a pseudonym, I did not and could not know that she was an ACC claimant for a mental injury at the time she was making defamatory comments about me on her blog.

Now that the allegation of improper use of ACC information has been shown to be wrong, I have instructed my lawyer to withdraw the legal action against her.

While I continue to regard the statements made on her blog as defamatory, and would obviously prefer that she withdrew them and apologised, as a clinician I appreciate that her recovery must take precedence at this time.

ENDS

There will be no interviews.

My response:

Acc released information to Jansen about whether or not he accessed my personal information? Isn't that like asking the ferret if he ate any chicken's while on watch? Where's the Public Release of this information?

He did not withdraw on the basis of this "invasion of privacy" investigation was settled. He withdrew cause he knew my defense included the absolute and undeniable incompetence of him as a contractor to ACC and that any continuation of the matter would have brought ACC, as an Organisation, into the whole debate.

Now he wants to paint himself "whiter than white" by making out his "surrender" is because my recovery should take precedence. Well okay, so what's the guts? Is my file actually going to get some of that dust blown off it now? Is ACC going to be contacting me to see what they can do to help in that so-called presidential recovery process? Come on ACC - not like you don't know where to send docs or anything - just ask Jansen!

At the risk of insulting the poultry community - Jansen is nothing more than a chicken shit! I hope he learned his lesson - NFWAB.

So Jansen... if you only knew me by my blog name Jax, then what quantum leaps did you legally take to get to my full name and confidential address to serve those papers? I feel a tui advert coming on....

My advice to Jansen is this: Put all that testosterone into helping victims who, even if they were successful in their claim, would never get a percentage of what "value" you placed on your own personal ego.

May 5, 2011

Just so you know....

Thanks Anon 

...and don't worry, if I listened to the minority as opposed to the growing number of people on here (and those who have messaged me privately), who think I am not only doing the right thing for me, but for them also...I'd have crawled under my rock a long time ago. 

Different strokes for different folks I guess.

We all choose how to deal with child sex abuse. 

I've spent a long time doing the "victim" mentality which is to assume everyone knows what's best for me and God forbid, I tread on a few toes.... it just doesn't work for me and by all accounts, it doesn't seem to be working for a lot of people...

So I say this... if it works for you, keep doing it..... but have some respect for your sisters and brothers who continue to fight for the rights you might (one day) not only enjoy but depend upon.