Comments on the draft Code of Conduct v.12 Page Item Current draft Proposed Comment Change to draft 5 Preamble B(4)(a) the best interests of the Compensation Fund Add (not applicable to renewals). See s.129(11) – is correctly noted in clause 2.3.10(a) and this needs to be consistent Included 11 1.12(a)(iii) …section 56… …section 58… Incorrect section reference Included 12 1.14 Duty to provide work etc Alter the context of clause1.14 to make any response by the Corporation contingent on a being held by the SAET to have contravened s.18. See end notes ‘Breach’ replaced with ‘contravention or failure to comply’ – still overstates RTWSA’s authority 15 1.18 The Corporation may impose other conditions on a registration, as it considers reasonable and appropriate, during the course of the registration period. Such conditions need not be imposed at the time of registration. The Corporation may also vary a condition so imposed. The Corporation will, within 30 days, of its decision to impose or vary a condition on a self-insured's registration, notify the in writing, of the decision, the reasons for decision and the period for which the condition is imposed. The Corporation may impose conditions relating to the self-insured’s record of compliance with this Code or a legislative obligation on a registration as it considers reasonable and appropriate, during the course of the registration period. Such conditions need not be imposed at the time of registration. The Corporation may also vary a condition so imposed. The Corporation will, within 30 days, of its decision to impose or vary a condition on a self-insured's registration, notify the in writing, of the decision, the reasons for decision and the period for which the condition is imposed. Without the change, the power is too broad and could be used to impose new or increased obligations on a self-insurer. Such broad powers exist in other schemes and frequently lead to major problems when used by a regulator to significantly alter terms and conditions of self-insurance. Included 16 2.3.1 Ordinarily the number of employees required for an application for an initial grant of Either: RTWSA is aware of the SISA position on this matter – Parliament saw fit to remove Option 2 included
registration as a self-insured employer or a renewal of employer registration will be 200 or more full time equivalent employees. Delete the reference to 200; or Add (Note that this requirement is not on its own a bar to registration as a self-insurer if all other requirements are met) the 200 worker requirement from the legislation. Employee number is now one of a range of factors to be taken into account and cannot legally be used on its own to reject an application. 17 2.3.4 Incidence and severity of injuries Delete and replace with true measures of WHS and RTW performance These are problematic measures that can produce perverse results due to: Volatility Frequency being more a measure of luck than skill – says nothing about the health of WHS systems We further note that the reference to 3 years of data has been removed. What is the reason for this? No change 20 2.3.10(b) When assessing the effect of an application for self-insured employer registration on the Compensation Fund, ReturnToWorkSA will have regard to all relevant circumstances including the projected effect on the employer's industry premium rate of granting self-insured employer registration to the particular applicant. Delete the reference to the effect on the industry rate. The effect on the industry rate is not an effect on the Compensation Fund. The Fund is always re-balancing industry rates to maintain a set average rate. Changes to industry rates affect other premium payers, not the Fund. Included & paragraph shortened