Each communique outlines what was discussed in the Board meeting.
At the July meeting the Board approved the principles for a system to adjust for excess profits or losses that arise in the transition to the New Compulsory Third Party (N-CTP) Scheme, scheduled to be introduced on 1 December this year. The Board noted the substantial consultation process that has been undertaken with a range of stakeholders including insurers in achieving this outcome, which is appropriate given the new system breaks significant new ground.
The Board’s feedback was sought and an update provided on the development of Guidelines that set out the detail and operational considerations for the N-CTP Scheme. These Guidelines are currently under consultation with key stakeholders.
The Board was pleased to note successful progress in implementing the N-CTP Scheme, including attendance at a number of key meetings by the SIRA Board Chair and Deputy Chair with stakeholders and the Minister for Finance, Services and Property.
As signalled in the previous Board Communiqué, the NSW Parliament passed the Home Building Amendment (Compensation Reform) Bill 2017 on 20 June 2017, and it received assent on
27 June. The Board was pleased to note that a small number of provisions of the Bill commenced on 30 June 2017, and that SIRA aims to start stakeholder consultation on high-priority supporting instruments in August 2017, namely builder eligibility and premium-setting.
SIRA is conducting a review of the workers compensation specialised insurance licensing framework to improve customer outcomes, and ensure the framework is fit for purpose to complement SIRA’s recently introduced Licensed Insurer regulatory framework. The Board was updated on the review, with Members asked to provide feedback on policy options for further development ahead of proposed consultation with stakeholders in September 2017.
In line with SIRA’s financial accountabilities for the Workers Compensation Operational Fund (the Fund), the SIRA Board approved the publication of the deemed premium income methodology for self-insurers. Established under section 34 of the Workplace Injury Management and Workers Compensation Act 1998 (the Act), the Fund is legislated to receive revenue from insurers, thereby providing for the operational budgets of SIRA, SafeWork NSW, the Workers Compensation Independent Review Office (WIRO) and the Workers Compensation Commission. Also of significance, the Fund provides funding for vocational programs for claimants under Section 53 of the Act administered by SIRA, and Legal Aid, through the Independent Legal Assistance and Review Service (ILARS), administered by the WIRO.
The Board was provided a monthly update on the implementation of SIRA’s strategy relating to Section 39 of the Workers Compensation Act 1987 – facilitating benefit pathways, support programs and return to work assistance for those claimants transitioning off weekly benefits in certain circumstances after five years. Members were pleased to note significant progress has occurred in cross-agency planning of the transition processes for affected claimants.
In early 2017, the NSW Law and Justice Committee reported on the complex nature of dispute resolution processes in workers compensation matters. The Board was provided an update on work underway by the Department of Finance, Services and Innovation to support Government’s response to the recommendations of the Parliamentary Review, which is due by September 2017.
The Board also considered and provided feedback on a draft whole-of-SIRA Compliance and Enforcement Policy, and noted the efforts of the leadership in the Compliance and Enforcement branch to provide new vision to support a more effective, risk-based approach to regulation.
Other issues considered at the July 2017 Board meeting included:
- A demonstration of an upgrade to the Compulsory Third Party insurance Green Slip Calculator which is designed to improve the customer ‘shopping around’ experience.
- A demonstration of a new on-line claims notification tool for Compulsory Third Party claims.
- An update on People and Culture programs in SIRA:
- NAIDOC (National Aboriginal and Islanders Day Observance Committee) Week celebrations, which were attended by SIRA staff across the three locations to celebrate Aboriginal and Torres Strait Islander culture.
- The 2017 NSW People Matter Employee Survey, which closed on 30 June, with the Department of Finance, Services and Innovation cluster continuing to lead the way with staff participation levels rising to 93 per cent. Since 2014, Better Regulation Division and SIRA have increased their response rates by 27 per cent. Evaluation is underway and reporting against results is expected in the near future.
- A number of staff engagement projects continue to be progressed in response to the 2016 NSW People Matter Employee Survey.
- Recent structural changes within DFSI, with the establishment of a stand-alone Chief Executive of SIRA at the Deputy Secretary level.
Chairperson, SIRA Board
The Board was pleased to note the substantial progress on preparation and consultation ahead of the commencement of the new Compulsory Third Party (CTP) Scheme by 1 December 2017. The update provided to the Board included advice on the data and digital strategy initiatives for reform of the CTP Scheme, both from the perspective of improving the customer experience in interacting with the Scheme, and continuous improvement of SIRA’s capability to monitor, supervise and drive scheme performance.
Board Members were also briefed on work and consultation underway on developing premium elements under the new Scheme. A milestone in CTP reforms will be reached over forthcoming weeks with the scheduled ‘go-live’ of the premium component of the Scheme.
The Chief Executive Officer of icare, along with senior executive advisors, presented to the SIRA Board on the December 2016 valuation of the liabilities of the workers compensation Nominal Insurer scheme managed by icare.
The Board again received an update on implementation of SIRA’s strategy relating to Section 39 of the Workers Compensation Act 1987 – facilitating benefit pathways, support programs and return to work assistance for those claimants transitioning off weekly benefits in certain circumstances after five years. Insurer information sessions on the section 39 transition have been continuing, with additional sessions held in the week of 19 June to fulfil the demand for the sessions. Insurers have been provided with up-to-date information on current activities and new initiatives, including the section 39 information and support services, and section 53 community connect program, giving insurers the opportunity to hear directly from guest presenters from the Workers Compensation Commission, HSNet and Ability Links.
Board Members were also advised that SIRA had recently published updated information about section 39 on its website to assist workers and stakeholders to understand the impact of the legislation and the way it applies to them. Stakeholders have been informed of the update via a SIRA bulletin on 1 June 2017, together with communication which directs insurers to the information on the website when communicating about section 39. The Workers Compensation Commission will also refer to this information in their next ‘E Bulletin’.
SIRA is consulting with self-insurers in the final phase ahead of the anticipated publishing of the Workers Compensation Self-insurance licensing framework by 1 July. The Board was advised that SIRA will consult with the NSW Self-Insurer Association during the implementation transitional period to 31 December 2017 as self-insurers are building capability to meet the new licence conditions.
Other issues considered at the June 2017 Board meeting included:
- Quarterly statistics released by SIRA Dispute Resolution Services. Board Members were provided with an update on operational performance of the Services, and briefed on significant trends and strategic issues for consideration.
- Members were provided with a progress update on Government reform of the Home Building Compensation Scheme and were pleased to be informed at the end of the meeting that the Act reforming the scheme had been passed by the NSW Upper House that day.
- Further to discussion at the May meeting of the Board, Members were advised that work is underway to plan for the launch by August 2017 of the updated Small Business Strategy for work, health and safety and workers compensation.
An update on People and Culture programs in SIRA:
- The annual Better Regulation Division and SIRA Staff Awards were presented at a Ceremony at NSW Parliament House in Sydney on 7 June 2017. Staff were delighted to hear from the Hon. Minister Kean MP, Minister for Innovation and Better Regulation, and I had the privilege also of speaking at the ceremony on behalf of the Board. Staff from the Dispute Resolution Services division were finalists in the ‘Commitment to Wellness and Safety Award’. I was mightily impressed by the energy and enthusiasm of the people in the room. This augurs well for the future.
- The 2017 NSW People Matter Employee Survey went live on 2 June 2017, with staff encouraged to ‘have their say’ by 30 June 2017.
Chairperson, SIRA Board
The Board was pleased to note an updated Small Business Strategy for work, health and safety and workers compensation has been drafted in collaboration with the Small Business Reference Group (SBRG) established through a SIRA commitment as part of the existing Small Business Strategy 2013 (Workcover: Making it Easier), with the Office of the Small Business Commissioner and SafeWork NSW.
This strategy was designed to help small businesses with limited time and resources better manage work health and safety, workers compensation and return to work, and is consistent with whole-of-Government directions in making it easier to do business and in supporting small business in particular. It will guide the work of SIRA, SafeWork NSW and the SBRG over the next three years.
At its May Meeting, the SIRA Board further considered the Motor Accidents Injuries Bill 2017 provision for Excess Profit and Loss Adjustment (profit normalisation) in the Motor Accident Injuries Compulsory Third Party (CTP) Scheme. Noting earlier consultation with insurers and the consideration of principles for a profit normalisation mechanism, the Board has now approved the use of a specific premium profit margin for the purposes of consultation with stakeholders on the design of the transitional provisions.
Quarterly statistics are released to the insurance industry on the performance of the CTP Scheme as required by the Motor Accidents Compensation Act 1999. The Board was therefore provided a quarterly update on the CTP Scheme to brief Members on any trends or changes in CTP premium prices, numbers of claims and insurer market share.
The Board received an update on the implementation of SIRA’s strategy relating to Section 39 of the Workers Compensation Act 1987 – facilitating benefit pathways, support programs and return to work assistance for those claimants transitioning off weekly benefits in certain circumstances after five years. At this Meeting, the Board was provided proposed options for refining the implementation of the strategy, and considered updates to insurer guidance documentation and facts sheets which are due to be made available in May/June 2017.
Other issues considered at the May 2017 Board meeting included:
- SIRA’s approach to setting levies to fund the Dust Diseases Scheme considering analysis of actual Dust Disease claim rates and costs by industry.
- A progress update on Government reform of the Home Building Compensation Scheme.
- An update on People and Culture programs in SIRA:
- In early May, Uncle Allen Madden performed a moving Welcome to Country ceremony at SIRA’s new home in the McKell Building, Sydney. Uncle Allen is a Gadigal Elder, a Board Member of the Metropolitan Local Aboriginal Land Council and a highly respected member of the Redfern Aboriginal Community. I had the privilege also of speaking at the ceremony.
- The SIRA Executive Leadership Team is progressing the establishment of a SIRA people and culture executive committee and a people and culture strategy.
- The SIRA Acting Chief Executive has signed a pledge as a commitment to one of the recent successful staff innovation projects, ‘Move more sit less’.
- BRD/SIRA staff forums have been held in the Sydney CBD and Gosford locations, with a range of cross-team presentations.
- The Dispute Resolution Services Great Place to Work team is continuing their program to improve the wellness and safety of others in the workplace by giving back to the community and raising almost $600 for Assistance Dogs Australia at their Easter celebrations, and commencing weekly fitness groups and a six-month Vitality program aimed at assisting staff to become their healthiest version.
Chairperson, SIRA Board
In March 2017 the Motor Accidents Injuries Bill 2017 (the Bill) was passed through both houses of the NSW Parliament. The Bill aims to achieve an increased proportion of benefits to seriously injured road users and reductions in the time it takes to resolve claims, instances of claims fraud and exaggeration, and the cost of (Compulsory Third Party) Green Slip premiums. At the April meeting, the Board reviewed the detailed planning aiming to introduce the new scheme in December 2017.
The SIRA Board also considered the Bill’s provision for Excess Profit and Loss Adjustment (profit normalisation) in the Motor Accident Injuries Compulsory Third Party (CTP) scheme. Further to the Board’s release in January 2017 of a report entitled Reforming Insurer Profit in Compulsory Third Party Motor Vehicle Insurance, SIRA has canvassed several options with insurers for a profit normalisation mechanism (PNM). The principles for the PNM were discussed.
Since becoming the NSW workers compensation regulator in September 2015, SIRA has identified opportunities and developed strategies to improve the supervision and regulation of insurers within the workers compensation system. At its meeting on 24 April, the SIRA Board focused its strategic discussion on the workers compensation Insurer Supervision Model and discussed opportunities to improve insurer and system performance rather than only respond to non-compliance.
The Board again received an update on SIRA’s ongoing strategy relating to Section 39 of the Workers Compensation Act 1987 – facilitating benefit pathways, support programs and return to work assistance for those claimants transitioning off weekly benefits in certain circumstances after five years. The monthly consideration of the impact and implementation of the strategy enables the Board to provide advice on options for refining the implementation to better meet the objectives of the workers compensation system.
Other issues considered at the April 2017 Board meeting included:
- an update on government inquiries into the issue of autonomous vehicles, noting that the introduction of autonomous vehicles raises significant considerations for SIRA as the regulator of the NSW CTP scheme. States and territories around Australia have agreed to undertake a review of their CTP schemes within the next two years to identify any eligibility barriers to accessing these schemes by occupants of an autonomous vehicle, and subject to this review, substantial work will be needed to ensure any resulting reforms are nationally consistent. SIRA will continue to work with Transport for NSW and the National Transport Commission on this issue and provide updates to future Board meetings.
- an update on an independent review of the existing Motor Accidents Insurance Regulation and Lifetime Care & Support levies. SIRA will in due course advise on the outcomes of the review.
- a progress update on government reform of the Home Building Compensation Scheme.
- an update on people and culture programs in SIRA designed to continue to build a high-performance, inclusive, customer-centred culture that supports employee wellbeing and offers rewarding careers making a difference for NSW:
- Since the last Board meeting, the SIRA Executive Leadership Team has decided to establish a SIRA people and culture committee to lead an integrated program to build capability and culture.
- The Acting Chief Executive of SIRA is a member of the Department of Finance, Services and Innovation's (DFSI) Diversity Council, which is establishing seven DFSI Employee Resource Groups; and has recently become the executive sponsor for the employee resource group for people with disability.
- SIRA’s existing Social, Networking, Opportunities, Wellbeing (SNOW) activities and groups have been aligned with the DFSI Great Place to Work (GPTW) strategy and Ambassador Network. Groups across the three SIRA sites have developed an integrated events calendar along with local activities.
Chairperson, SIRA Board
At its 27 March meeting, the Board continued an agreed series of strategic discussions, on this occasion focusing on claimant experience and outcomes within Workers Compensation Insurance. The Board noted SIRA’s progress in developing a strategy to improve outcomes for workers compensation claimants, including return to work and health and wellbeing outcomes.
Further to intensive SIRA consultation with stakeholders, the Board considered and approved a new Self-insurance Licensing framework. The Board noted that the implementation of the framework will be supported by a new self-insurer supervision model.
The Board also considered new proposed Guidelines for Workplace Return to Work Programs. Noting that SIRA had conducted consultation to develop new Guidelines to improve the customer experience, deliver improved return to work outcomes, and reduce regulatory burden, the Board was pleased to endorse the Guidelines for release.
The Board also received an update on the SIRA Data and Digital Strategy, designed to improve the customer experience for direct users of the NSW Motor Accidents (CTP) Scheme and the monitoring of the scheme.
Other issues considered at the March 2017 Board meeting included:
- A progress update on CTP Scheme Reform.
- An update on the transition strategy relating to Section 39 of the Workers Compensation Act 1987, whereby SIRA is working with key stakeholders to facilitate benefit pathways, support programs and return to work assistance for those claimants facing the expiry of their benefits in certain circumstances after five years.
- The requirements, implications and potential impact of adopting common guidelines for the evaluation of individuals’ permanent impairment status for both the workers compensation and CTP schemes in NSW. It was agreed that this is not feasible until the revised CTP system has matured somewhat.
- Consideration of a background paper on the impact of lump sum compensation on injury recovery and return to work, including a summary of the available evidence on the impact of seeking financial compensation.
- Government reform of the Home Building Compensation Scheme, and an update from actuaries on the Scheme.
- An update on Staff Engagement activities underway across SIRA, and future planned activities for 2017 to improve culture, engagement and leadership including:
- The staff survey specific to the Better Regulation Division (including SIRA) was launched, and closed on 17 March 2017. The analysis of survey results is underway and will inform the monitoring of progress against the NSW People Matter Employee Survey objectives.
- The second divisional ‘Road to Success’ roadshow is on track to occur in May 2017, to deliver communications from the Deputy Secretary, Better Regulation and the Chief Executive, SIRA about key business priorities, mechanisms for engaging staff, and divisional culture.
Chairperson, SIRA Board
In late 2016, the SIRA Board agreed on a targeted program of regular strategic discussions. At its 23 February meeting, the Board focused on its inaugural strategic discussions for 2017. The Board discussed SIRA’s values and principles as a contemporary regulator – a foundation for future strategic discussions. The Board also thoroughly discussed Compulsory Third Party premium regulation, and endorsed SIRA’s documented risk-based regulatory approach to CTP premiums.
As part of the SIRA mandate to ensure better availability of premium information to insurers, the Board considered a policy proposal on Workers Compensation Financial and Premium Supervision. In endorsing the policy position, the Board approved revised Workers Compensation Market Practice and Premiums Guidelines and revised Workers Compensation Licensed Insurer Business Plan Guidelines, which were consulted on in 2016. SIRA anticipates publishing the revised Guidelines on 1 March 2017.
The Board reflected on further advice on the review and revision of capital and prudential requirement to inform implementation of an improved framework that will apply to the various types of insurers operating in the NSW workers compensation system. Noting the outcomes of SIRA consultation regarding prudential standards and security requirements of workers compensation insurers, the Board will consider the self-insurer licensing framework at its meeting in March 2017.
The Board also noted that SIRA is reviewing the capital requirements for Specialised Insurers (including a mix of private and Government insurers) through the current review of the Specialised Insurer licensing conditions.
As part of a rotating schedule of reporting to the Board on the operating performance of SIRA Dispute Resolution Services (DRS), the Board considered the 2016 Annual Calendar Year Update reflecting a high level overview of annual trends in the services. The Board was very pleased to note the high-quality presentation of the report, and the significant improvements and positive trends in services provision including evidence of significantly improved case management and decision making processes for special assessments of procedural disputes referred to Claims Assessment Resolution Services. This report will be made available as part of scheduled stakeholder engagement sessions in March 2017.
Detailed discussion ensued on the Compulsory Third Party (CTP) Premium System Review and particularly the Risk Equalisation Mechanism (REM), a key instrument to provide better equity for consumers, pricing of risks for insurers, and strengthening of system integrity. Noting the planned start date of 1 May 2017 for the REM, the SIRA Board considered a number of critical issues impacting implementation. These included availability of a Clearing House Service Provider, the need for further review of the REM Deed and some current insurer filings, and an independent assessment of aspects of the REM commissioned in response to concerns raised with SIRA.
Acknowledging that any changes to implementing the REM may impact on insurers, the Board requested that CTP insurers be advised immediately after the Board Meeting of SIRA’s continued commitment to the REM and the Board-approved:
- delay in the start date of the REM until 1 July 2017;
- delay in the effective date of the Premium Determination Guidelines and the new Premium Relativities to the same date; and
- that further information about the filing process for the 1 July effective date would soon be provided.
Other issues considered at the February 2017 Board meeting included:
- CTP Scheme Reform, with the anticipated upcoming release of the findings of consultation on insurer profits and insurer claims handling and dispute resolution.
- Home Building Compensation, noting a further status update will be provided at the Board Meeting in March 2017.
An update on Staff Engagement activities underway across SIRA, and future planned activities for 2017 to improve culture, engagement and leadership including:
- The launch of a staff survey specific to the Better Regulation Division (including SIRA);
- A 2017 staff engagement calendar developed to provide transparency on activities, plans and events; and
- Introduction of an anonymous drop box as an avenue for staff to provide anonymous feedback, suggestions or complaints directly to the Deputy Secretary Better Regulation / Chief Executive SIRA.
Chairperson, SIRA Board
The calendar year schedule of Board Meetings generally commences in February.
The SIRA Board did not meet this month.
At its last meeting for 2016, on 5 December 2016, the SIRA Board reflected on the progress made since the creation of SIRA, and commenced planning for 2017.
The Board considered the outcomes of SIRA’s review of the Nominal Insurer’s Valuation Report (June 2016), and recommendations regarding the valuation, as requested by the Minister. Discussions included the:
- application of APRA standards and target funding ratio/range;
- impacts of s39 transition and legal costs on the system;
- Nominal Insurer’s Capital Management Policy;
- impacts for injured worker benefits; and
- recommendations for future Nominal Insurer Valuations.
The Board will approve the final report to be delivered to Minister Dominello by the end of December 2016.
The Board also considered in detail the CTP Premium System Review and approved changes required to provide better equity for consumers, pricing of risks for insurers, and avoiding insurer gaming in the system. The Board reviewed a number of mechanisms, including Premium Relativities, the Risk Equalisation Mechanism, and Premium Determination and Market Practice and Business Plan Guidelines.
Other issues considered at the December 2016 Board meeting included:
- The Workers Compensation Financial and Premium Supervision stakeholder feedback and policy considerations, with a Policy Proposal being finalised for Board consideration in February 2017.
- CTP Scheme Reform – Progress on consultations led by SIRA Board members, at the request of Minister Dominello. The consultations sought feedback on discussion papers for insurer profits and insurer claims handling and dispute resolutions. The findings of this are expected to be released in early 2017.
- The September 2016 quarterly reports for the Dispute Resolution Service (DRS) and the CTP Scheme. The Board is enthusiastic about the DRS pilot program planned for early 2017 to bring a claims assessor in-house. Also of particular interest, was the 33% increase in DRS lodgements resulting from CTP Scheme growth and the impressive finalisation of around 10,000 applications per year.
- Staff Engagement activities underway across SIRA, including feedback from the Road to Success Program, the Chief Executive’s online Question and Answer sessions, and planned activities for 2017 to improve culture, engagement and leadership.
- A 2017 targeted program for regular SIRA Board discussions around the range of strategic issues facing SIRA, including its values and principles as a contemporary regulator.
The Board would like to thank everyone at SIRA for your efforts during a very important formative year and wish you a very Merry Christmas and a safe and relaxing holiday. The Board is looking forward to working with you to progress SIRA’s important role in 2017.
Chairperson, SIRA Board
At its meeting on 11 November 2016 the Board welcomed its newest member, Dr Graeme Innes AM, as a highly valuable addition to the SIRA Board as a well renowned disability advocate.
The Board held its meeting in SIRA’s Gosford Office for the first time since forming, and welcomed the opportunity to meet informally and hear direct from SIRA’s staff about their work.
The Board received a presentation from icare on its activities and key focus areas, including:
- the current valuation, funding ratio, and forward outlook
- customer experience improvements and journey mapping
- insurer and claimant early engagement to understand the impacts of s39
s39 (which came into effect in October 2012) provides that an injured worker’s rights to weekly payments will cease after 5 years unless the worker’s permanent impairment has been assessed as over 20%.
The Board also considered its approach to the review of the current funding ratio, and how any surplus should be dealt with, as requested by Minister Dominello. It was agreed an expert advisory panel would be established to support the Board, and noted that stakeholders had been invited to identify any issues for consideration. The Board expects to complete its review by the end of the year.
The Board considered this also in light of SIRA’s approach to customer experience and the review of the Nominal Insurer valuation. Measuring Customer Experience – WHBCR strategic approach discussion paper will be released shortly, and includes key elements:
- focusing on the customer journey
- accessing variety of sources customer experience data to avoid over surveying and validate findings
- recognising customer experience impacts on the health and wellbeing of individuals
- setting a benchmark through qualitative and quantitative measures.
Other issues considered at the November 2016 Board meeting included:
- The Board approved reductions in the Medical Care and Injury Services levy in response to recent premium increases. This levy is applied to CTP premiums to fund the Lifetime Care and Support Scheme and SIRA’s costs of regulating the CTP Scheme.
- The recent reforms announced by Minister Dominello including the review of insurer profits in the CTP Scheme, and greater choice for homeowners through the Home Building Compensation Fund. Highlighted also was the amount of stakeholder consultation being undertaken to inform and implement the government’s reforms.
- People Matter Survey results, key areas for improvement, Executive strategies and commitments, and regular reporting to the Board. Key areas of focus are the effectiveness of the Staff Engagement Strategy, Data, Digital and ICT Strategy currently being implemented, and the Culture Strategy which is being drafted.
Chairperson, SIRA Board
At its meeting on 11 October 2016 the Board endorsed the first Workers Compensation System Performance Report.
This Report is intended to provide stakeholders with data and information about trends and key issues impacting the workers compensation system. It includes a range of measures that reflect the statutory objectives of the system, including:
- effectiveness - that injured workers receive care and medical treatment to support their return to work as soon as possible
- efficiency - benefits for injured workers are delivered at the lowest feasible administrative cost
- viability - the financial viability of the system
- affordability - the cost of the system to the community.
The 2016 Report, which will be published on SIRA’s website, includes the following key outcomes:
- the return to work rate has improved while the cost of premiums has reduced
- the number of claimants receiving weekly benefits has reduced while the average amount paid per claimant has increased
- disputes lodged with the Workers Compensation Commission (WCC) have slightly increased over the past two years.
SIRA intends to annually update the Workers Compensation System Performance Report, and is developing a discussion paper to consult stakeholders on how best to measure the customer experience of injured workers and employers.
Other issues considered at the October 2016 Board meeting included:
- The Board approved the key issues in the re-design of the CTP Scheme premium system. A key feature of the proposed new system is the establishment of a “risk equalisation mechanism” (REM). The REM is intended to ensure that very low and high risk CTP policies are equitably distributed across insurers, both to reduce opportunity for excessive insurer profits and achieve fair and affordable premiums for motorists.
- The Board also agreed to review the Medical Care and Injury Services levy at its next meeting. This levy is applied to CTP premiums to fund the Lifetime Care and Support Scheme and SIRA’s costs of regulating the CTP Scheme.
- It is anticipated the levy, which is expressed as a percentage of CTP premiums, will be decreased in response to recent premium increases.
- The Board approved the investment strategy for the workers compensation Insurers’ Guarantee Fund. This Fund was established to provide benefits for workers in cases where the insurer has been declared insolvent. It currently funds claims of several insolvent insurers that operated under the pre-1987 privately underwritten system.
Chairperson, SIRA Board
Earlier this year, SIRA commenced a review of the CTP Scheme premium system in response to the recommendations of the Insurer Profit Review. The premium system review has the aims of:
- Improving the affordability of premiums for vehicle owners.
- Reducing the opportunity for excessive profits for insurers.
- Increasing competition between insurers and encouraging new entrants.
The premium system review complements other initiatives to improve the fairness and affordability of the CTP Scheme, including the proposed reforms to CTP Scheme coverage and benefits, and the establishment of the CTP Fraud Taskforce.
At its meeting on 9 September 2016, the Board considered the key issues and options in the re-design of the CTP premium system, and agreed to convene a Board workshop to review actuarial modelling of the options to assess their impact on premium levels for different classes of driver and vehicle.
The Board also considered data on payments made by insurers to high-volume, low-risk customers such as motor dealers and fleet owners. The Insurer Profit Review recommended insurers be required to report these costs to assist in determining whether a cap should be applied on these payments.
Other issues considered at the September Board meeting included;
- The Board considered the report of the Legislative Council Standing Committee on Law and Justice on its first biannual review of the CTP Scheme since SIRA was established. It was noted most issues raised in the Committee’s report will be addressed in the proposed reforms to the CTP Scheme and the review of the CTP premium system.
- The Board reviewed the draft Workers Compensation Financial and Premium Supervision Discussion Paper. The Discussion Paper seeks stakeholder comments on the proposed approach to premium setting for 2016/17 and proposed regulations for prudential standards for insurers. The Discussion Paper will be published on the SIRA website and submissions invited.
At its meeting on 10 August 2016, the Board was pleased to endorse the revised draft Guidelines for workplace return to work programs. The Guidelines were originally published by WorkCover Authority in 2010 and required revision to reflect subsequent changes to the workers compensation legislation.
The revised draft Guidelines simplify and update requirements for training of workplace return to work coordinators and consultation on workplace return to work programs. They also reflect a cultural shift towards promoting recovery at work and utilising more direct pathways to returning to employment.
The revised draft Guidelines will be issued for public consultation in September 2016 before they are finalised and approved.
Other issues considered at the August 2016 Board meeting included:
- An update on activities to address CTP Scheme claims integrity. SIRA has recently undertaken analysis on high frequency accident locations, and is currently working with insurers to improve the effectiveness of their fraud detection strategies.
- A summary of the consultation outcomes and non-confidential submissions on the proposed remaking of the Workers Compensation Regulation 2010 have been published on the SIRA website. The 2010 Regulation is subject to automatic repeal under generally applicable regulatory review requirements and the new 2016 Regulation will commence before 1 September 2016.
Chairperson, SIRA Board
- The Board noted progress on development of a new operating model for a workers and home building compensation insurer supervision model. The model seeks to take into account insurer compliance and performance, monitoring culture and behavioural approach within insurer agencies.
The 6 June 2016 meeting of the SIRA Board marked the achievement of several milestones in establishing SIRA’s workers compensation regulatory functions.
The Nominal Insurer and specialised insurers filed their proposed premiums for 2016/17 with SIRA on 16 May 2016, as required by the Market Practice and Premium Determination Guidelines approved by the Board in late April 2016.
The Board noted SIRA’s assessment of the proposed filings for compliance with the Guidelines on 3 June 2016, and has advised the insurers that SIRA has no objections to the proposed premiums.
As required by the Guidelines, icare has proposed minimal changes to the Nominal Insurer’s premium formula and industry rates for 2015/16. The Nominal Insurer’s 2016/17 industry premium rates will be published on icare’s website.
The Board was pleased to note the successful conclusion of the first stage in implementing the new “file and write” premium system. Later this year, SIRA will commence consulting stakeholders on improvements to premium guidelines for 2017/18 and new prudential standards for insurers to ensure the ongoing viability of the NSW workers compensation system.
The Board has also endorsed SIRA’s Licensed Insurer Business Plan Guidelines, which will apply to the Nominal Insurer and specialised insurers. The Board noted the changes to the Guidelines as a result of consultation with stakeholders, including aligning the SIRA and APRA deadlines for submission of business plans.
The Board noted the Guidelines require insurers’ business plans to specifically address their NSW workers compensation service delivery activities. This is intended to minimise overlap with APRA’s Internal Capital Adequacy Assessment Process (ICAAP) requirements, which focus on the insurer capital and risk management controls.
In addition, the Board endorsed the commencement of a further round of stakeholder consultation on the proposed licensing framework for self-insurers. The draft framework has been revised following the first round of consultation with self-insurers in late 2015.
Other issues considered at the June 2016 Board meeting included:
- The Board endorsed the draft Better Regulation Division Stakeholder Engagement Strategy, which applies to both SIRA and SafeWork NSW, and has been developed in consultation with key stakeholder groups. The Strategy:
- highlights our commitment to genuine and effective stakeholder consultation. It covers all SIRA’s stakeholders, from claimants, their families, through to insurance, medical and rehabilitation service providers, business groups and unions, and road safety and disability advocacy organisations.
- outlines a range of methods SIRA will adopt for engaging with stakeholders based on the best practice guidelines issued by the International Association for Public Participation. The Board was pleased to note the Strategy includes the establishment of an independently chaired Injured Workers Feedback Panel for use as a sounding board when making decisions affecting injured workers.
- The Board also received confidential updates on the development of proposals for the reform of the CTP Scheme, improvements to the CTP premium system, and fairer premiums for point to point transport providers including taxi, hire car and rideshare services.
- It is anticipated the Government will finalise these reforms in the coming months, with a view to implementing a new, fairer and affordable CTP Scheme in 2017.
Chairperson, SIRA Board
At its meeting on 9 May 2016, the SIRA Board confirmed its approval of the Workers Compensation Market Practice and Premium Determination Guidelines for 2016/17 after considering changes arising from stakeholder consultation on the draft Guidelines.
The Guidelines set out principles against which the proposed 2016/17 premiums of the Nominal Insurer and specialised insurers will be assessed. The Guidelines require the Nominal Insurer to retain all key features of the premiums formula set out in the 2015/16 Insurance Premiums Order to ensure stability in employer premiums and have now been published on SIRA’s website. The Minister has approved the commencement of Act and regulation amendments to facilitate the new “file and write” approach to setting premiums.
Under the new approach, insurers must submit their proposed premium filing for 2016/17 to SIRA by 16 May 2016. SIRA then has four weeks to assess insurer premium filings for compliance with the Guidelines. It is anticipated the industry premium rates for 2016/17 will be published on the SIRA website in mid- June 2016.
The Board noted stakeholder consultation on the draft 2016/17 Guidelines identified a range of potential improvements to setting workers compensation premiums that will be considered in the development of Guidelines for 2017/18 premiums.
The Board also approved the 2016/17 employer contributions to the Workers Compensation Dust Diseases Fund proposed by icare, noting there was no change from 2015/16 contribution rates.
Other issues considered at the May 2016 Board meeting included:
- The Board approved changes to the CTP Scheme Premium Determination Guidelines to give effect to three recommendations of the Insurer Profit Review. The changes were developed in consultation with insurers and Scheme stakeholders. The changes require CTP insurers to provide more detailed justification of key assumptions in their premiums filings, with the objective of keeping premiums affordable by reducing the scope for excessive profits.
- The Board endorsed the publication of new Guidelines for claiming workers compensation benefits. The Guidelines are intended to ensure sound decision making by insurers, consistent with the principles of fairness, timeliness, open communication with injured workers, employers and service providers. The new Guidelines replace four existing Guidelines and incorporate the 2015 reforms to workers compensation benefits. They were developed in consultation with stakeholders to address the recommendation of the Legislative Council Standing Committee on Law and Justice that existing Guidelines should be simplified and consolidated.
- The Board was pleased to note the Minister’s announcement of additional support for injured workers to return to work, effective 29 April 2016. Workers who are unable to return to work with their pre-injury employer and need assistance in starting with a new employer, are eligible for up to $1000 to meet the costs of transport, child care, work clothing, training or equipment. Seriously injured workers on weekly benefits for longer than 78 weeks are eligible for up to $8000 in the education or training to assist their return to work. The new Guidelines for claiming workers compensation benefits include guidance on claiming for these new types of return to work assistance.
- The Board also received confidential briefings on the outcomes of stakeholder consultation of options for the reform of the CTP Scheme and options for CTP insurance premiums for point to point transport.
Chairperson, SIRA Board
One of the principal objectives of SIRA is to promote the efficiency and viability of the insurance schemes established under the NSW workers compensation legislation.
Three distinct types of insurer provide insurance services under the NSW workers compensation scheme:
- Specialised insurers covering specific industry sectors including coal mines, horse racing, pharmacies, hospitality, local councils and the Catholic Church. Specialised insurers comprise about 5% of the NSW workers compensation market.
- Self-insurers or large companies that manage and fund the workers compensation claims of their own employees. There are currently over 50 self-insurers, including the NSW public sector insurer, the Treasury Managed Fund. Self-insurers cover about 22% of the NSW workers compensation market.
- By far the largest NSW insurer is the Nominal Insurer managed by Insurance and Care NSW (icare), which provides insurance services through contracted Scheme agents to the remaining 73% of the NSW workers compensation market.
At its meeting on 5 April 2016, the SIRA Board meeting received a comprehensive presentation from Vivek Bhatia, Chief Executive of icare, Nick Allsop, Chief Actuary and John Nagle, Executive General Manager Workers Insurance on the current financial position of the Nominal Insurer.
Mr Allsop advised that the preliminary results of the recent actuarial valuation indicated the impact of the Government 2015 benefits reforms was within expectations with an additional $800m being directed to enhanced benefits and services for seriously injured workers.
Mr Nagle advised it is anticipated there will be no significant changes to the premium formula and industry rates for 2016/17, but icare will continue to gradually eliminate cross-subsidies across industry sectors and strengthen incentives and support for employers to improve safety and return to work outcomes.
Mr Bhatia also briefed the Board on icare’s three–year strategy to transform the organisation into a world class, customer-focussed provider of insurance and care services. The Board was particularly interested in icare’s initiatives to improve customer service by simplifying claim procedures and developing a centralised online system for managing claims, policies and premiums.
Other issues considered at the April 2016 Board meeting included:
- The Board approved proposed improvements to claims handling and medical guidelines for CTP insurers to enhance the efficient delivery of care and support for injured motorists and to improve the detection and management of exaggerated and fraudulent claims.
- The new guidelines were developed in close consultation with insurers, and the legal and medical professions, and are expected to come into effect in June 2016.
- The Chief Executive sought the Board’s comment on the review of SIRA’s executive structure in line with Public Service Commission guidelines. The Board noted the review provides an opportunity to drive efficiencies and enhance SIRA’s performance in strategic functions common to the regulation of workers compensation and motor accidents insurance schemes, including data analytics, medical services, dispute resolution and compliance. It will also clarify the extent of SIRA’s involvement in the integrated delivery of SIRA, SafeWork and Fair Trading customer support and regulatory services as part of the Commerce Regulation Project.
- The Board noted the outcomes of the first meeting of the Taskforce established by the NSW Government to make recommendations on strategies to deter, detect and respond to unmeritorious and fraudulent CTP claims.
- Early outcomes of the Taskforce include the introduction of a CTP Fraud Hotline (1800 600 444).
- The Board was pleased to note the active involvement of stakeholder groups, legal and medical services regulators and the NSW Police in the Taskforce, and their commitment to zero tolerance for fraud in the NSW CTP Scheme.
Chairperson, SIRA Board
The SIRA Board was pleased to welcome Victor Dominello, Minister for Innovation and Better Regulation to the Board’s meeting on 7 March 2016.
The Minister noted SIRA had a key role to play in achieving Government priorities to make NSW the easiest state in which to start a business, increase the proportion of digital transactions and improve customer satisfaction with Government services.
The Minister noted the advantages of digital transactions over paper-based transactions in improving the efficiency of Government service delivery and reducing costs and red tape for business and the community.
In addition, he noted digitisation enabled faster and more effective reporting and analysis of data, and the development of better and more refined data sets that would enhance Government policy development and evaluation.
The Minister urged the Board to make SIRA a “leading light” in implementing increased digitisation and improved use of data.
The Board strongly supports the Minister’s emphasis on improving SIRA’s data analysis and reporting capabilities, and noted there are massive opportunities to increase digitisation and reduce paperwork in statutory insurance schemes.
The Board will hold a planning workshop in early May 2016 to consider priorities and funding for strategies to drive digitisation and innovation in SIRA’s data systems in the development of SIRA’s 2016/17 business plan.
The Board also agreed that Board agenda papers on legislative reforms and policy proposals should include a section on the implications for data systems and opportunities for improving data systems to enhance future decision-making.
The Minister also briefed the Board on the Government’s plans to consult stakeholders on a range of options for reform of the CTP Scheme, and to publish the Report on the Independent Review of Insurer Profit in the CTP Scheme.
The Minister emphasised the Government’s determination to implement CTP Scheme reforms by the end of 2016 to lower Greenslip premiums, more efficiently manage minor severity claims and enable a greater focus on care and support for the seriously injured.
The CTP Scheme Reform Options Paper was subsequently issued for public comment on 11 March 2016, and is now available on the SIRA website.
The Minister also welcomed the Board’s support for the establishment of the CTP Scheme Fraud Taskforce to develop strategies to address the alarming rise in suspected fraudulent and exaggerated claims.
Other issues considered at the March 2016 Board meeting included:
- Anthony Lean provided a briefing on the impact on SIRA of the Commerce Regulation Project launched within the Department of Finance, Services and Innovation in February 2016. The initial phase of this Project will examine opportunities for aligning the advisory services and workplace inspection programs of NSW Fair Trading, SafeWork NSW and SIRA, to improve customer service and reduce compliance costs for business.
- The Board approved the release of the Discussion Paper on the proposed new approach to developing premium rates for the workers compensation insurance system. The Discussion Paper seeks comment on draft Guidelines against which SIRA will assess the fairness and affordability of the premiums proposed by icare and specialised insurers for 2016/17.
- The Board also approved the release for consultation of options to ensure fair and affordable premiums for taxis, hire-cars and ridesharing services such as UberX and GoCar. The Discussion Paper on CTP Insurance for Point-to-Point Transport will be released for comment during March 2016.
- The Board considered further actuarial advice on options to adjust the Reference Base Rate (RBR) in the Greenslip premium formula. The RBR determines the level of cross-subsidisation between good and high risk policies. It was agreed it would be prudent to maintain the RBR at its current level, pending progress in initiatives to reduce premium costs including the CTP Scheme Reform Options Paper and CTP Scheme Fraud Taskforce.
Chairperson, SIRA Board
One of SIRA’s key functions as the new regulator of NSW statutory insurance schemes is to develop and implement a new approach to setting premiums for workers compensation insurance.
Under the old approach, the former WorkCover Authority issued an annual Insurance Premium Order (IPO) which set out the premium calculation formula and the base premium rates for all NSW industry sectors.
The IPO for 2015/16 included significant reforms to premium calculation, including new discounts and rewards for improved claims and safety performance, and the removal of end-of-year premium adjustments based on claims experience.
Under the new approach to setting premiums for worker compensation insurance:
- SIRA will develop and issue Market Practice and Premiums Guidelines.
- The Guidelines will require insurers to submit proposed premiums and supporting information justifying the proposed premiums to SIRA.
- SIRA may reject the proposed premiums if they do not comply with the Guidelines.
At its February 2016 meeting the SIRA Board considered the proposed approach and timeframes for developing and implementing the new approach. It was acknowledged that any significant changes to the way premiums are determined will require consultation with stakeholders and sufficient lead time to enable changes to be effectively communicated and implemented.
A Discussion Paper on the proposed Guidelines for 2016/17 will be issued to insurers and stakeholders for four weeks comment in March 2016, before the Guidelines are finalised and issued during April 2016.
The February 2016 SIRA Board meeting also considered the report of an investigation into the significant increase of legally represented minor severity claims in the CTP Scheme. This trend appears to be related to changes in claimant and service provider behaviour, rather than an increase in the incidence of accidents.
The Board noted the increase in the number and cost of these claims is placing upward pressure on Greenslip premiums.
SIRA is working with representatives from NSW Police, legal and medical services regulators and peak bodies and is developing strategies to respond to the causes of this claims trend.
Other issues considered by the February 2016 Board meeting included:
- The proposed process and timeframes for SIRA’s assessment of proposed Home Builders Compensation Fund (HBCF) insurance premiums for 2016/17, and the Government’s response to the HBCF Reforms Options Paper issued in December 2015.
- Actuarial advice on options for adjusting the Reference Base Rate (RBR) used in the calculation of CTP Scheme premiums. The RBR determines the level of cross-subsidisation in the CTP Scheme and is intended to ensure the premiums for high-risk policies are affordable. The Board requested further advice on how changes to the RBR would affect Greenslip premiums.
Chairperson, SIRA Board
The calendar year schedule of Board Meetings generally commences in February.
The SIRA Board did not meet this month.
The governing Board of SIRA, the new independent regulator of NSW’s statutory insurance schemes, met on 7 December 2015. It was the first meeting of the SIRA Board since Minister Dominello appointed the inaugural members of the Board in November 2015.
At the meeting the Board developed its Charter and Code of Conduct. The Board’s Charter sets out its roles and responsibilities in setting the general policies and strategic direction of the SIRA, and reporting to the Minister on the performance of its activities. The Code of Conduct sets out our commitment to performing our role with integrity and impartiality. Both the Charter and the Code of Conduct will be published on the SIRA website.
The Chief Executive provided the Board with a comprehensive briefing on progress in establishing the SIRA through the integration of relevant staff and resources of the former WorkCover and Motor Accidents authorities and NSW Fair Trading’s Home Building Compensation Fund secretariat.
The Board also reviewed progress in developing SIRA’s first annual Business Plan. The Plan will set out the timeframes for implementing the Government’s key priorities for promoting the efficiency and viability of state insurance schemes and the key indicators for measuring scheme performance and customer satisfaction.
The key Government priorities to be implemented through the Business Plan include:
- rolling out enhancements to benefits for injured workers, more effective return to work assistance for seriously injured workers;
- implementing a pricing and prudential framework for workers compensation insurers to ensure benefits and services for injured workers are fully funded by premiums that are risk-based, fair and affordable for employers;
- developing options for reforming the Home Building Compensation Fund to ensure consumers are protected from faulty or incomplete work on their homes, while minimising red tape for home builders.
Other issues considered by the Board at its December 2015 meeting include:
- approving of levies on Greenslip premiums for 2016/17 to fund SIRA’s regulatory activities in relation to the CTP scheme and medical and support services under the Lifetime Care and Support Scheme;
- the recommendations of the Independent Review of Insurer Profit in the CTP Scheme;
- improvements to CTP premium setting guidelines to ensure fair and risk-based premiums for large fleets and vehicles with conditional registration or unregistered vehicle permits;
- the progress in consultation with stakeholders on the eligibility criteria and licensing standards for workers compensation self-insurers, and injured workers’ access to legal advice during reviews of their work capacity.
The Board would like to acknowledge the effort of SIRA staff in effecting the smooth transition to the new organisational structure and progressing the implementation of the Government’s key priorities, while maintaining core regulatory and customer services.
Chairperson, SIRA Board