South Australian Consolidated Regulations South Australian Consolidated Regulations (1) For the purposes
of section 14(4)(d) of the WorkCover Corporation Act 1994 , a contract
entered into by the Corporation with a private
sector body (the "Agent") that involves the conferral of powers referred to in
section 14(3) of that Act (other than the power to collect levies) and
includes (but is not necessarily limited to) the following terms, or terms
that have the effect of providing for the following, is, subject to
subregulation (2), an authorised contract:
(a) an
initial contractual term of not more than 5 years, commencing on or after
1 January 2006;
(b) a
right to renew, and further renew, for a period of (in each case)
not more than 5 years (a "renewal period"), with this right being subject
to—
(i)
the Agent achieving a satisfactory level of performance,
in the opinion of the Corporation, under the preceding term of the contract;
and
(ii)
the parties reaching agreement as to the financial terms
to apply during the renewal period;
(c) the
Agent is to manage and determine claims under the Workers
Rehabilitation and Compensation Act 1986 as agent for the Corporation,
with the scope of this function to be specified in the contract;
(d) the
Agent may exercise such of the Corporation's statutory functions, powers and
discretions as may be necessary for the performance of its functions under the
contract;
(e) for
the purpose of providing the Agent's services, the Agent is to be a delegate
of the Corporation under section 17 of the WorkCover Corporation Act 1994
;
(f) the
Corporation's liability to pay compensation under the Workers
Rehabilitation and Compensation Act 1986 is not underwritten by the
Agent;
(g) the
Agent is not entitled to receive or invest levies paid by employers under the
Workers Rehabilitation and Compensation Act 1986 ;
(h) the
number of claims to be managed or determined by the Agent, and the identity of
those claims, is to be determined in a manner specified by the Corporation
from time to time;
(i)
a fee is to be paid by the Corporation to the Agent in
consideration of provision by the Agent of the Agent's services, and such
fee—
(i)
may be adjusted from time to time, having regard to the
quality of the service provided by the Agent, the degree to which the Agent
performs its functions successfully and other performance measures, including
in relation to outcomes in respect of claims (or other outcomes relevant to
the operation of the scheme for rehabilitation and compensation established by
the Workers Rehabilitation and Compensation Act 1986 ); and
(ii)
may be adjusted by the Corporation for any other reason;
(j) in
determining whether the fee payable to the Agent is to be adjusted under
paragraph (i) (whether by increasing or decreasing the fee), regard may
be had to any evaluation undertaken in accordance with the method referred to
in subregulation (2)(b)(i);
(k) the
Corporation may at any time, for such reason or reasons as may be specified in
the contract, step in and take over from the Agent the management or
determination of a specific claim or claims of a particular class or classes;
(l) in
the event of a breach of the terms of the contract by the Agent, the
Corporation may—
(i)
terminate the contract; or
(ii)
exercise such other remedies or sanctions as may be
appropriate in the circumstances;
(m) the
Corporation may, having regard to the performance by the Agent of its
services, or on any other basis agreed between the parties, terminate the
Agent's services, or a part of those services;
(n) the
Agent must not, without the approval of the Corporation (which may be withheld
at the discretion of the Corporation), assign the contract (or the performance
of any part of the contract) or make use of subcontractors;
(o) the
Agent, or a person employed by the Agent, must act in accordance with section
112 of the Workers Rehabilitation and Compensation Act 1986 , as it
applies to the Corporation;
(p) the
Agent must, in carrying out the Agent's services, use information technology
systems complementary to and compatible with those used by the Corporation;
(q) the
Agent must implement an employee training and accreditation system approved by
the Corporation;
(r) the
Agent is not to provide services under the contract until the
Corporation has issued a certificate (a "certificate of readiness") certifying
that the Agent is ready to provide those services.
(2) A contract
referred to in subregulation (1) must also—
(a)
regulate the use of external service providers by the Agent; and
(b)
include the following:
(i)
a method for monitoring and evaluating the performance by
the Agent of the Agent's services;
(ii)
a method, agreed between the parties, to be used by the
Agent for improving the Agent's performance in delivery of the Agent's
services;
(iii)
a code of conduct (consistent with section 2 of the
Workers Rehabilitation and Compensation Act 1986 and section 12 of the
WorkCover Corporation Act 1994 ) to be observed by the Agent in respect
of the performance of its obligations and functions under the contract.
(3) A contract renewed
pursuant to a term complying with subregulation (1)(b) is itself an
authorised contract.
(4) A contract
assigned in accordance with subregulation (1)(n) continues as an
authorised contract.