Comments on the draft Code of Conduct v.12 Page Item Current draft Proposed Comment Change to draft See s.129(11) is correctly – Preamble the best interests of the Add (not applicable to 5 noted in clause 2.3.10(a) and Included B(4)(a) Compensation Fund renewals). this needs to be consistent 11 1.12(a)(iii) 56… 58… Incorrect section reference Included …section …section Alter the context of clause1.14 replaced with ‘Breach’ to make any response by the or failure to ‘contravention 12 1.14 Duty to provide work etc Corporation contingent on a See end notes comply’ still overstates – being held by the SAET RTWSA’s authority to have contravened s.18. The Corporation may impose conditions relating to the The Corporation may impose self-insured’s record of other conditions on a compliance with this Code or a registration, as it legislative obligation on a considers reasonable and registration as it appropriate, during the course of Without the change, the power considers reasonable and the registration period. Such is too broad and could be used appropriate, during the course of conditions need not be imposed to impose new or increased the registration period. Such at the time of registration. The obligations on a self-insurer. conditions need not be imposed Corporation may also vary a Such broad powers exist in 15 1.18 at the time of registration. The Included condition so imposed. The other schemes and frequently Corporation may also vary a Corporation will, within 30 days, lead to major problems when condition so imposed. The of its decision to impose or vary used by a regulator to Corporation will, within 30 days, a condition on a self-insured's significantly alter terms and of its decision to impose or vary registration, notify the conditions of self-insurance. a condition on a self-insured's in writing, of the registration, notify the decision, the reasons for in writing, of the decision and the period for which decision, the reasons for the condition is imposed. decision and the period for which the condition is imposed. RTWSA is aware of the SISA Ordinarily the number of 16 2.3.1 employees required for an Either: position on this matter Option 2 included – application for an initial grant of Parliament saw fit to remove
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
20170503102425.Matrix%20for%20feedback.docx