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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
WorkCover Corporation (Governance Review) Amendment
Bill 2008
A BILL FOR
An Act to amend the WorkCover Corporation Act 1994.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of WorkCover Corporation
Act 1994
4 Amendment of section 4—Continuation of
Corporation
5 Insertion of section 14A
14A Direction of
Minister
6 Amendment of section 17—Delegations
7 Insertion of
Part 3A
Part 3A—Charter and performance
statement
17A Corporation's
charter
17B Performance
statements
8 Amendment of section 18—Accounts
9 Substitution
of section 19
19 Audit
The Parliament of South Australia enacts as
follows:
This Act may be cited as the WorkCover Corporation (Governance Review)
Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of WorkCover Corporation
Act 1994
4—Amendment of
section 4—Continuation of Corporation
Section 4(4)—delete subsection (4)
After section 14 insert:
14A—Direction of Minister
(1) The Corporation is subject to control and direction by the
Minister.
(2) However, the Minister may not direct the Corporation in relation to
the manner in which action should be taken in connection with a particular claim
or entitlement of a worker under the Workers Rehabilitation and Compensation
Act 1986.
(3) A Ministerial direction under this section must be communicated to the
Corporation in writing.
(4) Subject to subsection (5), a written direction must
be—
(a) included in the next annual report of the Corporation; and
(b) published in the Gazette within 7 days after the direction is
given.
(5) If the Corporation is of the opinion that a direction should not be
published for the reason that its publication—
(a) might detrimentally affect the Corporation's commercial interests;
or
(b) might constitute breach of a duty of confidence; or
(c) might prejudice an investigation of misconduct or possible misconduct;
or
(d) might detrimentally affect the performance of a statutory
function,
the Corporation may advise the Minister of that opinion giving the reason
for the opinion.
(6) If the Minister is satisfied that a direction should not be published
for a reason referred to in subsection (5), the direction need not be
published by the Minister or the Corporation as required by subsection (4)
but—
(a) the Minister must cause a copy of the direction to be presented to the
Economic and Finance Committee of the Parliament within 14 days after the
direction was given; and
(b) the Corporation must cause a statement of the fact that the direction
was given to be published in its next annual report.
6—Amendment of
section 17—Delegations
(1) Section 17—after subsection (2) insert:
(2a) If the terms of an instrument of delegation allow for subdelegation,
the delegate may subdelegate the function or power in accordance with the
instrument.
(2) Section 17(3)—after "a delegation" insert:
or subdelegation
After Part 3 insert:
Part 3A—Charter and performance
statement
17A—Corporation's charter
(1) A charter must be prepared for the Corporation by the Minister after
consultation with the Corporation.
(2) The charter must deal with the following matters:
(a) the nature and scope of any operations to be undertaken,
including—
(i) the nature and scope of investment activities; and
(ii) the nature and scope of any operations or transactions outside the
State;
(b) all requirements of the Minister as to—
(i) the Corporation's obligations to report on its operations;
and
(ii) the form and contents of the Corporation's accounts and financial
statements; and
(iii) any accounting, internal auditing or financial systems or practices
to be established or observed by the Corporation; and
(iv) the acquisition or disposal of capital or assets or the borrowing or
lending of money.
(3) The charter may—
(a) limit the functions or powers of the Corporation insofar as they
relate to the commercial operations of the Corporation; and
(b) deal with any other matter not specifically referred to in
subsection (2).
(4) The charter may not extend the functions or powers of the Corporation
as provided by this Act.
(5) The Minister must, after consultation with the Corporation, review the
charter at the end of each financial year.
(6) The Minister may, after consultation with the Corporation, amend the
charter at any time.
(7) The charter or an amendment to the charter comes into force and is
binding on the Corporation on a day specified in the charter or amendment (but
without affecting contractual obligations previously incurred by the
Corporation).
(8) On the charter or an amendment to the charter coming into force, the
Minister must—
(a) within 6 sitting days, cause a copy of the charter, or the charter in
its amended form, to be laid before both Houses of Parliament; and
(b) within 14 days (unless such a copy is sooner laid before both Houses
of Parliament under paragraph (a)), cause a copy of the charter, or the
charter in its amended form, to be presented to the Economic and Finance
Committee of the Parliament.
17B—Performance statements
(1) The Minister must, when preparing the charter for the Corporation,
also prepare, after consultation with the Corporation, a performance statement
setting the various performance targets that the Corporation is to pursue in the
coming financial year or other period specified in the statement and dealing
with such other matters as the Minister considers appropriate.
(2) The Minister must, after consultation with the Corporation, review the
performance statement when reviewing the Corporation's charter.
(3) The Minister may, after consultation with the Corporation, amend the
performance statement at any time.
8—Amendment of
section 18—Accounts
Section 18(3)—delete "an auditor in reporting on" and
substitute:
the Auditor-General in relation to
Section 19—delete the section and substitute:
19—Audit
The Auditor-General may at any time, and must at least once in each year,
audit the accounts of the Corporation.