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Financial Sector (Collection of Data) (reporting standard) determination No. 87 of 2008 - GRS 430.0 (2008) - Claims Expense by State and Territory of Australia

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Financial Sector (Collection of Data) (reporting standard) determination No. 87 of 2008
Reporting Standard GRS 430.0 (2008) Claims Expense by State and Territory of Australia
Financial Sector (Collection of Data) Act 2001
 
I, Charles Watts Littrell, a delegate of APRA, under paragraph 13(1)(a) of the Financial Sector (Collection of Data) Act 2001 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901:
 
·        REVOKE Reporting Standard GRS 430.0 (2007) Claims Expense by State and Territory of Australia which is in force as at the date of this determination (the old standard); and
 
·        DETERMINE Reporting Standard GRS 430.0 (2008) Claims Expense by State and Territory of Australia in the form set out in the Schedule (the new standard), which applies to the financial sector entities referred to in paragraph 2 of the new standard.
 
Under section 15 of the Act, I DECLARE that the new standard shall begin to apply, and the old standard shall cease to apply, on the date of registration of this instrument on the Federal Register of Legislative Instruments.
 
Dated 29      October 2008
 
[Signed]
 
………………………
 
Charles Littrell
Executive General Manager
Policy, Research and Statistics
Interpretation
In this Determination
APRA means the Australian Prudential Regulation Authority.
Federal Register of Legislative Instruments means the register established under section 20 of the Legislative Instruments Act 2003.Schedule
Reporting Standard GRS 430.0 (2008) Claims Expense by State and Territory of Australia comprises the 12 pages commencing on the next page.
 

 
Reporting Standard GRS 430.0 (2008)
 
Claims Expense by State and Territory of Australia
 
 
Objective of this reporting standard
This reporting standard is made under section 13 of the Financial Sector (Collection of Data) Act 2001 (the Collection of Data Act).  It requires general insurers (insurers), including foreign general insurers (foreign insurers) operating in Australia through branch operations, to report to APRA, generally on an annual basis, on the claims expense by State and Territory of Australia.
This standard outlines the overall requirements for the provision of this information to APRA. It should be read in conjunction with Form GRF 430.0 Claims Expense by State and Territory of Australia (Form GRF 430.0) and the instructions to that form (which are attached and form part of this reporting standard).
 
Purpose
1.             Data collected in Form GRF 430.0 is used by APRA on behalf of the Australian Bureau of Statistics (ABS). APRA will use this information to monitor the source of claims expense by State and Territory of Australia.
Application and commencement
2.             This reporting standard applies to all insurers for reporting periods commencing on or after 1 July 2008. 
Information required
3.             An insurer must provide APRA with the information required by Form GRF 430.0 for each reporting period.
Forms and method of submission
4.             The information required by this reporting standard must be given to APRA either:
(a)           in electronic form using the ‘Direct to APRA’ application, applying one of the electronic submission mechanisms under that application; or
(b)          by manually completing Form GRF 430.0 on paper and mailing the completed form to APRA’s head office at Level 26, 400 George Street, Sydney, New South Wales.
 
Where the information is submitted by means of an agent to whom the insurer has outsourced the function of providing the information on the insurer’s behalf, the agent may only provide the information in accordance with subparagraph 4(b) if the agent has contacted APRA and advised that the agent cannot submit the information in electronic form under subparagraph 4(a).
           
Note: the Direct to APRA application software and paper forms may be obtained from APRA.
Reporting periods and due dates
5.             Subject to paragraph 6, an insurer must provide the information required by this reporting standard in respect of each financial year (within the meaning of the Corporations Act 2001) of the insurer. 
Note: APRA proposes to determine exemptions, under section 7 of the Insurance Act 1973 (Insurance Act), from the obligations under Part IV Division 4 of the Insurance Act in respect of the auditing of information provided under this reporting standard.
6.             APRA may, by notice in writing, change the reporting periods, or specified reporting periods, for a particular insurer to require it to provide the information:
(a)           more frequently (if, having regard to the particular circumstances of the insurer, APRA considers it necessary or desirable to obtain information more frequently for the purposes of the prudential supervision of the insurer); or
(b)          less frequently (if, having regard to the particular circumstances of the insurer and the extent to which it requires prudential supervision, APRA considers it unnecessary to require the insurer to provide the information as frequently as provided by paragraph 5).
7.             The information required by paragraph 3 of this reporting standard must be provided to APRA 4 months after the end of the reporting period to which the information relates.
8.             APRA may grant an insurer an extension of a due date in writing, in which case the new due date for the provision of the information will be the date on the notice of extension.
Authorisation
9.             The information provided by an insurer under this reporting standard must be subject to processes and controls developed by the insurer for the internal review and authorisation of that information. It is the responsibility of the board and senior management of the insurer to ensure that an appropriate set of policies and procedures for the authorisation of data submitted to APRA is in place.
10.         If the officer of an insurer provides the information required by this reporting standard:
(a)           under subparagraph 4(a), the officer must digitally sign, authorise and encrypt the information (for which purpose APRA’s certificate authority will issue digital certificates, for use with the ‘Direct to APRA’ application, to officers of the insurer who have authority from the insurer to transmit data to APRA); or
(b)          under subparagraph 4(b), the completed form must be signed in accordance with paragraph 12.
11.         If an insurer provides the information required by this reporting standard through an agent under either subparagraphs 4(a) or (b), the agent will not be required to sign or authorise the information.  However, the insurer must:
(a)           obtain from the agent a paper copy of the completed form as provided to APRA (whether it was provided under subparagraph 4(a) or (b)); and
(b)          cause the paper copy to be signed in accordance with paragraph 12; and
(c)           lodge the signed paper copy with APRA by mailing the completed form to APRA’s head office at Level 26, 400 George Street, Sydney, New South Wales, by the relevant due date (unless APRA, in writing, waives the requirement to lodge the signed paper copy with APRA by varying this reporting standard in relation to the insurer).
Note: APRA may, for example, determine to waive the requirement under subparagraph 11(c) where an insurer has undertaken to retain the signed copy of the completed form for an agreed period of time.
12.         If information under this reporting standard is provided in paper form, it must be signed on the front page of the relevant completed form by either:
(a)           the Principal Executive Officer of the insurer; or
(b)          the Chief Financial Officer of the insurer (whatever his or her official title may be).
Minor alterations to forms and instructions
13.         APRA may make minor variations to the instructions, to clarify their application to the form without changing any substantive requirement in the form or instructions.
14.         If APRA makes such a variation it must notify general insurers in writing.
Transition
 
15.         An insurer must report in relation to a reporting period ending prior to 1 July 2008 in accordance with the reporting standard that this reporting standard replaced.
Interpretation
16.         In this reporting standard:
appointed auditor means an auditor appointed under paragraph 39(1)(a) of the Insurance Act
authorised reinsurer means an insurer whose business consists only of undertaking liability by way of reinsurance;
capital standards means the prudential standards which relate to capital adequacy as defined in Prudential Standard GPS 001 Definitions;
foreign insurer means a foreign general insurer within the meaning of the Insurance Act;
Note: A reference to a ‘branch’ or ‘branch operation’ is a reference to the Australian operations of a foreign insurer.
Insurance Act means the Insurance Act 1973;
insurer means a general insurer within the meaning of the Insurance Act;
Note: In the forms and instructions, a reference to an ‘authorised insurer’, ‘authorised insurance entity’ or ‘licensed insurer’ is a reference to an insurer.
Principal Executive Officer means the principal executive officer of the insurer for the time being, by whatever name called, and whether or not he or she is a member of the governing board of the insurer;

reporting period means a period mentioned in paragraph 5 or, if applicable, paragraph 6.
17.         A reference to a prudential standard means the prudential standard, made under section 32 of the Insurance Act, mentioned in the reference, as amended from time to time.  If the prudential standard has been revoked and replaced, the reference shall be taken to be to the prudential standard that has replaced it.
 
 
 

Reporting Form GRF 430.0
Claims Expense by State and Territory of Australia

Instruction Guide
Introduction
This form captures data required by the Australian Bureau of Statistics. Claims expense inside Australia is to be reported by, class of business for each state or territory of Australia, based on where the risk is located.
Audit requirements
The information provided under the form is not required to be audited and has been exempted from the definition of ‘yearly statutory accounts’.
Reporting entity
This form is to be completed by:
1.             Branch operations of a foreign parent insurer (reference to licensed insurer in the form means total operations of the branch, excluding the parent operations); and
2.             Authorised insurance entities, including mutual entities (reference to licensed insurer in the form means total operations of the licensed entity).
This form is not to be completed by authorised reinsurers.
Unit of measurement
This form is to be presented in Australian currency, rounded to thousands of dollars, with no decimal place.  
Basis of preparation
Insurers are requested to follow the recognition and measurement basis required by the APRA forms for the reporting of claims expense in this form. Specifically, claims expense is to be recognised as per the instructions to GRF 310.2 Claims Expense and Reinsurance Recoveries.
Where the insurers operations are wholly within Australia, total claims expense per this form should agree to the aggregate of claims expense disclosed in GRF 310.2 Claims Expense and Reinsurance Recoveries.
Do not follow the recognition and measurement requirements for claims expense contained in AASB 1023 ‘General Insurance Contracts’.
Reporting period
Insurers are required to report the information in the reporting form on an annual basis.
·               The annual information is to be completed in respect of the financial year of the insurer.
·               The financial information requested in this form is to be reported as at the last day of the reporting period on a financial year to date basis of the insurer.
Reporting lag
This form must be lodged for each of the reporting units, within the number of business days after the end of the quarter as set out in Reporting Standard GRS 430.0 Claims Expense by State and Territory of Australia.
Specific instructions
Classes of Insurance Business
1.             Direct Business
The classes of business for companies that are not specialist reinsurers are as follows:
(I).          Houseowners/Householders (H & H)
This class covers the common H & H policies inclusive of:
·               Contents;
·               Personal property;
·               Arson; and
·               Burglary. 
Public liability normally attaching to these products are to be separated and included in Public and Product Liability class of business – item (XIII).
(II).        Commercial Motor Vehicle
Motor vehicle insurance (including third party property damage) other than insurance covering vehicles defined below under Domestic Motor Vehicle. It includes long and medium haul trucks, cranes and special vehicles and policies covering fleets.
(III).      Domestic Motor Vehicle
Motor vehicle insurance (including third party property damage) covering private use motor vehicles including utilities and lorries, motor cycles, private caravans, box and boat trailers and other vehicles not normally covered by business or commercial policies.
(IV).      Travel
Insurance against losses associated with travel including loss of baggage and personal effects, losses on flight cancellations and overseas medical costs.
(V).        Fire and Industrial Special Risks (ISR)
Fire
Includes all policies normally classified as 'Fire' and includes:
·               sprinkler leakage;
·               subsidence;
·               windstorm;
·               hailstone;
·               crop;
·               arson; and
·               loss of profits and any extraneous risk normally covered under fire policies, e.g. flood.
ISR
Standard policy wordings exist for this type of policy.  All policies which contain such standard wordings or where the wording is substantially similar are to be classified as ISR.
(VI).      Marine
Includes Marine Hull (including pleasure craft), Marine Cargo (including sea and inland transit insurance).
(VII).    Aviation
Aviation (including aircraft hull and aircraft liability).
(VIII).  Mortgage
Insurance against losses arising from the failure of debtors to meet financial obligations to creditors or under which payment of debts is guaranteed.  It includes lease guarantee.
(IX).     Consumer Credit (CCI)
Insurance to protect a consumer's ability to meet the loan repayments on personal loans and credit card finance in the event of death or loss of income due to injury, illness or unemployment.
(X).       Other Accident
Includes the following types of insurance:
·               Miscellaneous accident (involving cash in transit, theft, loss of money);
·               All risks (baggage, sporting equipment, guns);
·               Engineering when not part of ISR or Fire policy;
·               Plate glass when not part of packaged policy (e.g. houseowners /householders)
·               Guarantee (Insurance Bonds);
·               Live Stock;
·               Pluvius; and,
·               Sickness and Accident (which provides stated benefits where the insured is killed or suffers loss of specific parts of the body or is prevented from carrying out the insured’s normal occupation.  In addition, regular benefits may be paid over a short period of time (typically less than 3 years), noting that continuous disability policies are now considered to be Life Insurance Policies and should not be provided by general insurance companies).
(XI).     Other
All other insurance business not specifically mentioned elsewhere.  It includes, for example:
·               All guarantees (e.g. fidelity Guarantee)
·               Trade Credit;
·               Extended Warranty (includes insurance by a third party for a period in excess of the manufacturer's or seller’s normal warranty);
·               Kidnap and Ransom; and
·               Contingency.
(XII).   Compulsory Third Party Motor Vehicle (CTP)
This class consists only of CTP business.
(XIII). Public and Product Liability
·               Public Liability covers legal liability to the public in respect of bodily injury or property damage arising out of the operation of the insured's business.  Product Liability includes policies that provide for compensation for loss and or injury caused by, or as a result of, the use of goods and also environmental clean-up caused by pollution spills where not covered by Fire and ISR policies.
·               Also will include builders warranty insurance.
·               Includes public liability attaching to houseowners/householders policies.
(XIV). Professional Indemnity (PI)
Includes Directors' and Officers' liability insurance plus legal expense insurance. Cover for legal expenses is generally included in this type of policy.
(XV).   Employers' Liability (EL)
Includes:
·               Workers' compensation;
·               Seamen's compensation; and
·               Domestic workers compensation.
2.             Inwards reinsurance
Include the aggregate value of all inwards reinsurance business in this line item
Claims Expense – Each State and Territory
Report claims expense Inside Australia according to where the risk is located.
Claims expense for the purpose of this form is to be interpreted as the same meaning for claims expense as calculated and reported in GRF 310.2 Claims Expense and Reinsurance Recoveries.
This will reflect the claim payments made in the current year plus any movement in the value of the Outstanding Claims Provision (OCP) and any movement in the value of the Premiums Liabilities (PL) reported in GRF 300.0 Statement of Financial Position.  The OCP and PL reported in GRF 300.0 Statement of Financial Position do not have to be equal to, but must not be less than the amounts required by GPS 310 Audit and Actuarial Reporting and Valuation and hence the amounts reported in the forms GRF 210.0 Outstanding Claims Provision - Insurance Risk Charge and GRF 210.1 Premium Liabilities - Insurance Risk Charge.
Where the insurer does not have insurance business outside of Australia (i.e. claims liabilities), the following should apply:
·               the total claims expense amounts for all direct classes of business on this form should agree to the aggregate amount of claims expense recorded from Direct Business in GRF 310.2 Claims Expense and Reinsurance Recoveries; and
·               the total claims expense amounts for Inwards reinsurance on this form should agree to the aggregate amount of claims expense recorded from Reinsurance in GRF 310.2 Claims Expense and Reinsurance Recoveries.