South Australian Consolidated Regulations South Australian Consolidated Regulations6—Authorisation of alliance contracts
(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) a
contractual term of not more than 5 years;
(b)
terms establishing an alliance between the Corporation and the Agent for the
management and determination of alliance contract claims under which the Agent
is generally responsible for day to day administrative matters;
(c) for
the purposes of the alliance, terms—
(i)
setting out governing principles; and
(ii)
requiring a steering committee established under
section 16 of the WorkCover Corporation Act 1994 comprised of
representatives of the Corporation and the Agent to oversee the alliance and
setting out the committee's functions and procedures; and
(iii)
setting out a dispute resolution procedure in the event
that the representatives on the steering committee are unable to reach a
unanimous decision on a matter; and
(iv)
facilitating the day to day management and determination
of alliance contract claims in a coordinated manner;
(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
, subject to specified conditions and limitations (if any);
(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) 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 may be adjusted
from time to time (subject to a specified cap) having regard to—
(i)
the quality of the services; and
(ii)
the resources required for the performance of the
services; and
(iii)
outcomes relevant to returning injured workers to work;
and
(iv)
outcomes relevant to the overall costs and liabilities of
the workers rehabilitation and compensation scheme determined on an actuarial
basis; and
(v)
if the contract relates to implementation of the Workers
Rehabilitation and Compensation (Scheme Review) Amendment Act 2008
—outcomes relevant to that implementation; and
(vi)
other factors considered relevant by the Corporation;
(i)
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;
(j) 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;
(k) 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;
(l) 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;
(m) 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;
(n) the
Agent must, in carrying out the Agent's services, use information technology
systems complementary to and compatible with those used by the Corporation;
(o) the
Agent must implement an employee training and accreditation system approved by
the Corporation;
(p) 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) An alliance
contract 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 quality of the
Agent's services under the alliance contract;
(ii)
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 alliance
contract.
(3) An alliance
contract may also include terms, or terms that have the effect of providing
for the matters, that may be the subject of an authorised contract under
regulation 4 in relation to claims other than alliance contract claims
(and, consequently, if a contract authorised under regulation 4 is
amended to include terms, or terms that have the effect of providing for the
matters, that may be the subject of an alliance contract, the contract
continues as an authorised contract).
(4) A contract
assigned in accordance with subregulation (1)(l) continues as an
authorised contract.