Section 129 of the Act requires as a condition of registration that the self-insured employer adopt and apply the statement of service standards set out in Schedule 5 of the Act. This chapter describes the requirements a self-insured employer must meet when adopting and applying the statement of service standards set out in Schedule 5. Application of the Statement of Service Standards In applying the statement of service standards the self-insured employer will: provide easy access to the statement of service standards to its employees; ensure procedures are in which describes how the self-insured employer will meet the requirements of the statement of service standards; ensure that all providers of relevant services engaged by the self-insured employer meet the requirements of the Statement of service standards; provide to ReturntoWorkSA within 30 days of receipt a copy of any investigation report provided to it by the Ombudsman; and any investigation report provided by the Ombudsman and provided to ReturnToWorkSA must be accompanied by written details of any corrective actions being undertaken by the self-insured employer to address any substantiated complaint. CHAPTER 5 APPLICATIONS FOR GRANT OR RENEWAL OF REGISTRATION Application This chapter applies to all private employers, whether a single company or a group of related corporations, who are applying for: registration as a self-insured employer or group of self-insured employers, or a renewal of registration as a self-insured employer. General
Part II of this chapter specifies the application of the criteria discussed in Part I by ReturnToWorkSA when considering whether to reduce a self-insured employer’s registration. Part III of this chapter specifies the application of the criteria discussed in Part I by ReturnToWorkSA when considering whether to revoke a self-insured employer’s registration. Part IV of this chapter specifies the alternative actions ReturnToWorkSA, in its discretion may take, where appropriate, as an alternative to reducing or revoking a self-insured employer’s registration. Part V of this chapter specifies the right of appeal of a self-insured employer if ReturnToWorkSA refuses to grant, renew or revoke a self-insured employer’s registration. Reduction or revocation Pursuant to section 129(9) of the Act, ReturnToWorkSA may reduce or revoke the period of registration of a self-insured employer or of self-insured employers if the self-insured employer or a member of the group of self-insured employers breaches or fails to comply with the Act or a term or condition of registration. Statutory criteria In deciding whether to reduce or revoke the registration of a self-insured employer or group of self-insured employers, ReturnToWorkSA: may have regard to such matters as it considers relevant, and will have regard to the considerations ReturnToWorkSA must have regard to pursuant to the Act. Clause 3.5 of the Code and the Standards sets out the requirements ReturnToWorkSA may and will have regard to. Notification Pursuant to a self-insured employer’s obligations of notification set out in Chapter 1 and paragraph 10 of the Schedule 3, a self-insured employer must notify ReturnToWorkSA as soon as practicable of: any breach or failure to comply with the Act or a term or condition of registration; or any change to its circumstances which may cause them to be in breach of a term or condition of registration.
Notification of lump sum payments Without limitation, lump sum payments will ordinarily include: redemptions of future: income maintenance; or costs pursuant to section 33 of the Act; economic loss compensation payments pursuant to section 56 of the Act; non-economic loss compensation payments pursuant to section 56 of the Act; a commutation paid under section 59 of the Act in respect of weekly payments arising from the death of a worker; and a lump sum payment to a spouse or dependant of a deceased worker section 61 of the Act. Notification Within 14 days of making a payment: on a lump sum to a worker; or any addition or alteration to a determination in paragraph (A), a self-insured employer must complete and forward to ReturnToWorkSA a notification of that lump sum determination or alteration. The notification must be in such form as ReturnToWorkSA may approve from time to time. The notification must be accompanied by a copy of the determination. The following information must also accompany the notification: for any redemption, a copy of the redemption agreement and SEAT orders; for any income maintenance redemption, the amount of weekly income maintenance redeemed and the current rate of notional weekly earnings; a copy of the most recent determination of weekly payment entitlements stating the section 49(2) amount;
3.12 The organisation must ensure program(s) of documentation control for identification and/or currency of essential documents are in place and maintained. Standard 4 – Measurement and evaluation WHS performance is measured, monitored and evaluated using performance indicators, to ensure that the organisation is performing in accordance with its policy, objectives and targets. Importantly, areas of success and activities requiring corrective action and improvement will be identified. Scope: The organisation measures, monitors and evaluates its performance in consultation with its employees or their representatives, and takes corrective action when necessary. Element 1 Objectives, targets and performance indicators 4.1 Organisation must ensure planned objectives, targets and performance indicators for key elements of program(s) are maintained, and monitored and reported. Element 2 Internal audits 4.2 The organisation must ensure programmed internal audits are performed objectively by competent personnel to ensure performance of systems and programs and employees directly affected by the results, or representatives, are consulted. Element 3 Corrective action 4.3 The organisation must ensure outcomes of the audits are documented and the necessary corrective action(s) identified, prioritised and implemented. Standard 5 – Management systems review and improvement The organisation should regularly review and seek to continually improve its systems. This leads to the development of continuous improvement strategies within the organisation. The organisation regularly reviews its WHS management system, in consultation with its employees or their representatives, with the objective of maintaining and where possible improving overall performance. Element 1 Policy 5.1 The organisation must ensure 5.1.1 It reviews the scope and content of the policy statement and supporting policies/procedures in consultation with employees or their representatives to ensure continued suitability and effectiveness. Element 2 Objectives, targets and performance indicators 5.2 The organisation must ensure: