Beyond Woodhouse: devising new principles for determining ACC boundary issues

Oliphant, Ken 2004. Beyond Woodhouse: devising new principles for determining ACC boundary issues. Victoria University of Wellington Law Review 35 (4) , pp. 915-936.

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Abstract

This paper argues that there is a need to identify new, mid-level principles that provide guidance as to how to draw the boundaries of ACC for as long as it remains a scheme of limited scope. The Woodhouse principles are not suited to this task as they point towards a universal scheme, embracing both injury and illness. The author believes that it is necessary to adopt a principled approach to what is included in ACC and what is left outside. The paper concludes by suggesting that these new principles should be based on a consideration of the nature of the dual public/private responsibility for incapacity and that where the question, "is it legitimate to leave this category of incapacity to the private sphere?" is answered negatively, there is a case for extending the scope of ACC coverage, even if this means transgressing the boundary between injury and illness.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General)
Publisher:	Victoria University of Wellington
ISSN:	0042-5117
Related URLs:	Publisher
Date of First Compliant Deposit:	30 March 2016
Last Modified:	20 May 2023 17:26
URI:	https://orca.cardiff.ac.uk/id/eprint/66841

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