Australian Prudential Regulation Authority instrument fixing charges No. 1 of 2006 Access to the NCPD by NCPD insurers during 2004-05 and 2005-06 Australian Prudential Regulation Authority Act 1995
  I, Stephen Somogyi, a delegate of the Australian Prudential Regulation Authority, under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998 FIX the charges specified in the Schedule.       Dated ..10 February 2005     [Signed]   .......................................................... Steve Somogyi Member     Interpretation In this instrument APRA means the Australian Prudential Regulation Authority. NCPD (which stands for National Claims and Policies Database) means the electronic database and associated website established by APRA, which contains data about public liability, product liability and professional indemnity insurance claims and policies.   NCPD insurer means a general insurer, or Lloyd’s, that is or was required under any of the NCPD reporting standards to report on a reportable policy or a reportable claim in respect of any reporting period that ended before 1 July 2006.                            
Schedule Charges for services   1.      Services for which the charge is imposed   The charge is imposed for the granting of access by APRA to an NCPD insurer during each of the 2004-05 and 2005-06 financial years to the full range of reports from the NCPD that are produced for NCPD insurers.  The access is granted on the basis specified in the NCPD Conditions of Use.   2.         Amount of the charge           How the amount of the charge is worked out   (1)     The charge payable by an NCPD insurer in respect of each of the 2004-05 and 2005-06 financial years is the provisional charge worked out in accordance with paragraphs (2), (3) and (4).             The provisional charge   (2)     The provisional charge is the sum of: (a)   0.0790% of the NCPD insurer’s gross premium income from public liability insurance and product liability insurance during 2004; and (b)   0.0664% of the NCPD insurer’s gross premium income from professional indemnity insurance during 2004.    Note:      This charge is subject to the maxima and minima prescribed in sub-items (3) and (4).             The maximum provisional charge   (3)     The maximum provisional charge is: (a)   $55,000 in respect of the component in paragraph (2)(a); and (b)   $35,200 in respect of the component in paragraph (2)(b).    Note:      It follows that the overall maximum provisional charge is $90,200.  
        The minimum provisional charge   (4)     The minimum provisional charge is: (a)   $5,500 for an NCPD insurer that carried on public liability insurance, product liability insurance, or both, but not professional indemnity insurance, during 2004 (other than an NCPD insurer mentioned in paragraph (d)); (b)   $5,500 for an NCPD insurer that carried on professional indemnity insurance, but not public liability insurance or product liability insurance, during 2004 (other than an NCPD insurer mentioned in paragraph (d)); (c)   $11,000 for an NCPD insurer that carried on:        (i)    public liability insurance, product liability insurance, or both; and        (ii)   professional indemnity insurance;               during 2004 (other than an NCPD insurer mentioned in paragraph (d));   (d)    (i)    $2,750 for an NCPD insurer in runoff which has liabilities in respect of public liability insurance or product liability insurance, but no liabilities in respect of professional indemnity insurance; and   (ii)    $2,750 for an NCPD insurer in runoff which has liabilities in respect of professional indemnity insurance, but no liabilities in respect of public liability insurance or product liability insurance; and   (iii) $5,500 for an NCPD insurer in runoff which has liabilities in respect of either public liability insurance or product liability insurance, or both, and also has liabilities in respect of professional indemnity insurance.           The charge is inclusive of GST   (5)     The charge is inclusive of GST.   3.         Refund or waiver of the charge   Discretion to grant a refund where the Service Level Obligations are not met   (1)           If the NCPD insurer liable to the charge is prevented from utilising the NCPD during a significant part of the financial year to which the charge relates due to the failure of the NCPD to meet the Service Level Obligations, the insurer may in writing request from APRA a refund of an appropriate part of the charge.  The request must be accompanied by particulars of the failure to meet the Service Level Obligations and of the impact of the failure on the insurer’s business.  If APRA is satisfied that the insurer was prevented from utilising the NCPD during a significant part of the financial year due to the failure to meet the Service Level Obligations, and that this had a significant impact on the insurer’s business, APRA shall refund to the insurer a pro rata part of the charge, or such other part of the charge as APRA believes, on reasonable grounds, is reasonable and equitable in the circumstances.       Discretion to grant a refund or waiver in special or unusual circumstances   (2)     APRA may refund or waive the whole or part of the charge where, in APRA’s opinion, special or unusual circumstances exist which would otherwise cause the charge to be unreasonable or inequitable.  However, the following do not constitute grounds for granting a refund or waiver: (a)   the fact that the NCPD insurer does not utilise the NCPD during the financial year to which the charge relates (or during the whole of that financial year); (b)   the fact that the NCPD insurer ceases to exist, or to be a general insurer, or to carry on business as a general insurer, during the course of the financial year to which the charge relates.   Grant of waiver of levy if an NCPD insurer pays the voluntary charge   Notes:               1.         The supervisory levy for the 2006-07 financial year is expected to include an additional levy component to recover the costs of the NCPD relating to the 2004-05 and 2005-06 financial years.  The charge is also designed to recover those costs, hence the need to waive an amount equivalent to the charge paid by individual NCPD insurers if the additional levy component is imposed on those insurers.                                 2.             APRA proposes to waive an amount of the additional levy component of the supervisory levy (if imposed) equal to the total amount of the charges paid by each NCPD insurer in relation to the 2004-2005 and 2005-2006 financial years, less the amount of GST paid in relation to that charge.     4.         The person who is to pay the charge   The charge is to be paid by an NCPD insurer that receives a written request and invoice from APRA for payment of the charge.   5.         When the charge is to be paid   (1)     The charge is to be paid within 28 days after receipt of a written request and invoice from APRA for payment of the charge.   (2)     APRA may give an NCPD insurer a written request for payment of the charge, in respect of either the 2004-05 or the 2005-06 financial year, at any time after this instrument is registered on the Federal Register of Legislative Instruments under the Legislative Instruments Act 2003.   6.         Payment is voluntary   Payment of the charge is voluntary.   7.         Interpretation   (1)     In this Schedule           2004 means the 2004 calendar year, except where it appears in the expression ‘2004-2005’.             general insurer has the meaning given in section 11 of the Insurance Act 1973.             Lloyd’s has the meaning given in subsection 3(1) of the Insurance Act 1973.             Lloyd’s underwriter has the meaning given in subsection 3(1) of the Insurance Act 1973.             NCPD (which stands for National Claims and Policies Database) means the electronic database and associated website established by APRA, which contains data about public liability, product liability and professional indemnity insurance claims and policies.             NCPD Conditions of Use means the terms and conditions governing the use of the NCPD by NCPD insurers a copy of which is annexed to this Instrument and marked ‘A’.               NCPD insurer means a general insurer, or Lloyd’s, or Lloyd’s underwriter, that is or was required under any of the NCPD reporting standards to report on a reportable policy, a reportable claim or reportable facility business  in respect of any reporting period that ended before 1 July 2006.   NCPD insurer in runoff means, for the purposes of paragraph 2(4)(d), an NCPD insurer that did not issue or renew any insurance policies providing public liability insurance, product liability insurance or professional indemnity insurance during 2004.             NCPD reporting standard means any of the following reporting standards made under section 13 of the Financial Sector (Collection of Data) Act 2001: •   GRS 800.1 (2005) - Policy Data: Public and Product Liability and Professional Indemnity Insurance; •   GRS 800.2 (2005) - Claims Data: Public and Product Liability and Professional Indemnity Insurance; •   GRS 800.3 (2005) - Facility Business Data: Public and Product Liability and Professional Indemnity Insurance; •   LOLRS 800.1 (2005) - Policy Data: Public and Product Liability and Professional Indemnity Insurance; •   LOLRS 800.2 (2005) - Claims Data: Public and Product Liability and Professional Indemnity Insurance; •   LOLRS 800.3 (2005) - Facility Business Data: Public and Product Liability and Professional Indemnity Insurance.             Policy file means, for the purposes of:   (a)        Paragraphs 7(4) and 7(6) - the document required to be submitted by NCPD insurers to APRA under Reporting Standard GRS 800.1 (2005) containing the information about individual insurance policies required by the Data specifications set out in the Schedule to that Standard; and   (b)        Paragraphs 7(5) and 7(7) - the document required to be submitted by Lloyd’s to APRA under Reporting Standard LOLRS 800.1 (2005) containing the information about individual insurance policies required by the Data specifications set out in the Schedule to that Standard.             product liability insurance includes policies that provide for compensation for loss and or injury caused by, or as a result of, the use of goods.             professional indemnity insurance includes:             (a)  insurance that provides cover for a professional person for actions taken against that professional in tort, contract or under statute law in respect of advice or services provided as part of his or her professional practice, including cover in respect of damages and legal expenses; and             (b)   directors’ and officers’ liability insurance and legal expense insurance; and             (c)   medical indemnity insurance.             public liability insurance includes:             (a)  insurance covering legal liability to the public in respect of bodily injury or property damage arising out of the operation of the insured’s business; and             (b)  insurance in respect of environmental clean-up costs resulting from pollution where not covered by Fire and Industrial Special Risk policies.   Record means a line entry or row in a Policy file which contains information relating to a single insurance policy;   reportable claim means a claim made under a policy of product liability insurance , professional indemnity insurance or public liability insurance that was  not finalised or settled by  1 January 2003, not being a claim that relates to: (a)    reinsurance or retrocession cover; or (b)   marine insurance; or (c)    domestic householder’s or owner’s insurance, or tenant’s liability insurance, sold in conjunction with a building or contents policy; or (d)   an event that could neither occur in Australia nor in relation to an insured resident of Australia.               reportable facility business means facility business underwritten on or after 1 January 2003 under which the risk, or a risk, assumed relates to product liability insurance, professional indemnity insurance or public liability insurance, not being a risk that relates to:             (a)  reinsurance or retrocession cover; or             (b)  marine insurance; or             (c)  domestic householder’s or owner’s insurance, or tenant’s liability insurance, sold in conjunction with a building or contents policy; or             (d)  an event that could neither occur in Australia nor in relation to an insured resident in Australia.           reportable policy means an insurance policy, entered into on or after 1 January 2003, of product liability insurance, professional indemnity insurance or public liability insurance, but does not include:             (a)   reinsurance or retrocession cover; or             (b)   marine insurance; or             (c)  domestic householder’s or owner’s insurance, or tenant’s liability insurance, sold in conjunction with a building or contents policy; or             (d)  an insurance policy solely in relation to an event that could neither occur in Australia nor in relation to an insured resident of Australia.             reporting period means a reporting period within the meaning of the NCPD reporting standards (being the period in respect of which the reporting standard concerned requires the insurer to report to APRA).             Service Level Obligations means the requirements relating to the range and quality of the services provided by APRA through the NCPD which are specified under the heading Service Levels in the NCPD Conditions of Use.             supervisory levy means the supervisory levy imposed on general insurers and Lloyd’s by the General Insurance Supervisory Levy Imposition Act 1998.   (2)       A reference in this instrument to an NCPD insurer carrying on a particular kind of insurance during a financial year is a reference to the insurer being the insurer under an insurance policy providing that kind of insurance that is in force during the whole or any part of that financial year.   (3)     An insurance policy is taken to be in force during a period if:             (a)  a claim can be made under the policy during the period; or             (b)  a claim can be made under the policy (whether during or after the period) in respect of an act, omission or event that occurs during the period.   (4)                    For the purposes of paragraph 2(2)(a), a general insurer’s gross premium income from public liability insurance and product liability insurance during 2004 is the sum of:             (a) the aggregate of the amounts required to be reported in the Policy file in the column headed 'Gross Earned Premium' (and referred to as field 15b) for each of the reporting periods ending 30 June 2004 and 31 December 2004 where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is 'Public and Products' (‘PL’); and              (b)  in addition (for each record in relation to which the general insurer has not completed the column headed 'Gross Earned Premium') the aggregate of amounts of Gross Earned Premium (GEP)  for each such record calculated in accordance with paragraph 7(4A).   (4A)   For the purposes of paragraph 7(4) the GEP amount is the amount calculated in accordance with the following formula: GEP = GAP* F   where:   F =    The number of days in the 6 month reporting period during which the policy was in force, expressed as a percentage of the number of days in the relevant year; and   GAP = Gross Annualised Premium reported in respect of the relevant policy in the column headed 'Gross Annualised Premium' (and referred to as field 15a) for each of the reporting periods ending 30 June 2004 and 31 December 2004, where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is 'Public and Products' (‘PL’).     (5)     For the purposes of paragraph 2(2)(a), Lloyd’s gross premium income from public liability insurance and product liability insurance during 2004 is the sum of:             (a) the aggregate of the amounts required to be reported in the Policy file in the column headed 'Gross Earned Premium' (and referred to as field 15b) for each of the reporting periods ending 30 June 2004 and 31 December 2004 where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is 'Public and Products' (‘PL’); and             (b)  in addition ( for each record in relation to which the general insurer has not completed the column headed 'Gross Earned Premium') the aggregate of amounts of Gross Earned Premium (GEP)  for each such record calculated in accordance with paragraph 7(5A).   (5A)   For the purposes of paragraph 7(5) the GEP amount is the amount calculated in accordance with the following formula:           GEP = GAP*F   where:   F = The number of days in the 6 month reporting period during which the policy was in force, expressed as a percentage of the number of days in the relevant year; and   GAP = Gross Annualised Premium reported in respect of the relevant policy in the column headed 'Gross Annualised Premium' (and referred to as field 15a) for each of the reporting periods ending 30 June 2004 and 31 December 2004, where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is 'Public and Products'.   (6)     For the purposes of paragraph 2(2)(b), a general insurer’s gross premium income from professional indemnity insurance during 2004 is the sum of:             (a) the aggregate of the amounts required to be reported in the Policy file in the column headed 'Gross Earned Premium' (and referred to as field 15b) for each of the reporting periods ending 30 June 2004 and 31 December 2004 where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is 'Professional Risk (‘PI’) '; and             (b)  in addition (for each record in relation to which the general insurer has not completed the column headed ‘Gross Earned Premium’) the aggregate of amounts of Gross Earned Premium (GEP)  for each such record calculated in accordance with paragraph 7(6A).   (6A)   For the purposes of paragraph 7(6), the GEP amount is the amount calculated in accordance with the following formula: GEP = GAP*F   where:   F = The number of days in the 6 month reporting period during which the policy was in force, expressed as a percentage of the number of days in the relevant year; and   GAP = Gross Annualised Premium reported in respect of the relevant policy in the column headed 'Gross Annualised Premium' (and referred to as field 15a) for each of the reporting periods ending 30 June 2004 and 31 December 2004, where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is 'Professional Risk (‘PI’) '.   (7)     For the purposes of paragraph 2(2)(b), Lloyd’s gross premium income from professional indemnity insurance during 2004 is the sum of:             (a) the aggregate of the amounts required to be reported in the Policy File in the column headed 'Gross Earned Premium' (and referred to as field 15b) for each of the reporting periods ending 30 June 2004 and 31 December 2004 where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is ‘Professional Risk’ (‘PI’); and             (b) in addition (for each record in relation to which  the general insurer has not completed the column headed 'Gross Earned Premium')           the aggregate of amounts of Gross Earned Premium (GEP)  for each such record calculated in accordance with paragraph 7(7A).   (7A)   For the purposes of paragraph 7(7), the GEP amount is the amount calculated in accordance with the following formula: GEP = GAP*F   where:   F = The number of days in the 6 month reporting period during which the policy was in force, expressed as a percentage of the number of days in the relevant year; and   GAP = Gross Annualised Premium reported in respect of the relevant policy in the column headed 'Gross Annualised Premium' (and referred to as field 15a) for each of the reporting periods ending 30 June 2004 and 31 December 2004, where the Class of Business reported in the column headed 'Class of Business' (and referred to as field 2) is ‘Professional Risk' (‘PI’).
Annexure A  
Conditions of Use - NCPD INSURERS
    When seeking access to the NCPD website, NCPD insurers will be asked to agree to these Conditions of Use. Once an NCPD insurer has so agreed, both that NCPD insurer and APRA will be bound by these Conditions of Use. Background and interpretation 1)      The National Claims and Policies Database website ("NCPD website") is operated under the domain name www.ncpd.apra.gov.au by Fujitsu Australia ABN 19 001 011 427 ("Fujitsu") on behalf of the Australian Prudential Regulation Authority ABN 79 635 582 658 (“APRA”), a Commonwealth statutory authority constituted under the Australian Prudential Regulation Authority Act 1998 (the “APRA Act”). 2)      In these Conditions of Use, a reference to “material” includes a reference to information and graphics and a reference to “NCPD” means the National Claims and Policies Database. 3)      In these Conditions of Use:           Data collection periods means the periods between the end of each reporting period specified in a relevant Reporting Standard and the last time by which the NCPD insurer is required to report under that Reporting Standard in relation to that reporting period.             Note:    Presently the data collection periods fall between 1 March and 30 April inclusive and 1 August and 31 October inclusive in each year           general insurer has the meaning given in section 11 of the Insurance Act 1973.             Lloyd’s has the meaning given in subsection 3(1) of the Insurance Act 1973; NCPD insurer means a general insurer, or Lloyd’s, or Lloyd’s underwriter that is or was required under any of the NCPD reporting standards to report on a reportable policy, a reportable claim or reportable facility business after 1 January 2003. Provisional charge means the provisional charge paid to APRA by the relevant NCPD insurer under the applicable Instrument Fixing Charges under paragraph 51(1)(a) of the Australian Prudential Regulation Authority Act 1998.           reportable claim means a claim under a policy of product liability insurance, professional indemnity insurance or public liability insurance that was  not finalised or settled by  1 January 2003, not being a claim that relates to: (a)   reinsurance or retrocession cover; or (b)   marine insurance; or (c)   domestic householder’s or owner’s insurance, or tenant’s liability insurance, sold in conjunction with a building or contents policy; or (d)   an event that could neither occur in Australia nor in relation to an insured resident of Australia.             reportable facility business means facility business underwritten on or after 1 January 2003 under which the risk, or a risk, assumed relates to product liability insurance, professional indemnity insurance or public liability insurance, not being a risk that relates to:             (a)   reinsurance or retrocession cover; or             (b)   marine insurance; or             (c)   domestic householder’s or owner’s insurance, or tenant’s liability insurance, sold in conjunction with a building or contents policy; or             (d)   an event that could neither occur in Australia nor in relation to an insured resident in Australia.           reportable policy means an insurance policy, entered into on or after 1 January 2003, of product liability insurance, professional indemnity insurance or public liability insurance, but does not include:             (a)   reinsurance or retrocession cover; or             (b)   marine insurance; or             (c)   domestic householder’s or owner’s insurance, or tenant’s liability insurance, sold in conjunction with a building or contents policy; or             (d)   an insurance policy solely in relation to an event that could neither occur in Australia nor in relation to an insured resident of Australia.   reporting standards means reporting standards made under section 13 of the Financial Sector (Collection of Data) Act 2001. Services means the services described in condition 6.   Application 4)      These Conditions of Use constitute the terms under which APRA agrees to grant access to an NCPD insurer during the 2005-06 financial year to the full range of reports from the NCPD that are produced for NCPD insurers.  The access is granted on the basis specified in these Conditions of Use.   5)      Fujitsu provides NCPD services mentioned in condition 6 on behalf of APRA in accordance with a contract between APRA and Fujitsu. To avoid doubt: (a)     these Conditions of Use do not impose any obligations or liabilities on Fujitsu towards an NCPD insurer or any other person (unless expressly stated otherwise in these Conditions of Use); and (b)     all warranties and representations in these Conditions of Use relating to the services provided by or the performance of the NCPD, whether made to an NCPD insurer or any other person, are taken to be made by or on behalf of APRA, not by or on behalf of Fujitsu (unless expressly stated otherwise in these Conditions of Use).  
Services 6)      The following reports and data will be available to be accessed on and downloaded from the NCPD website by the NCPD insurer: a)      Industry Aggregate Reports These reports will be in non-editable format and will, where appropriate, include aggregate analysis by the following categories and variables: -     Class of Business -     State (private sector insurers only) -     Period (Underwriting Year or Accident Year) -     Gross Written Premium -     Gross Earned Premium -     Average Written Premium -     Number of Policies -     Number of Claims -     Gross Claim Payments -     Gross Claims Incurred -     Number of Claims Finalised b)      Consolidated Analysis Reports Reports at this level will provide a more detailed picture of policy and claims information, including claim development. Contributors will, where appropriate, receive a comparison of their data against relevant aggregate industry data. In addition to analysis by the categories and variables listed above for the Industry Aggregate Reports, the Consolidated Analysis Reports may where appropriate include analysis by: -     Product Type -     Nature of Insured Organisation / Occupation Code -     Limits of Indemnity -     Excess / Deductible -     Exposure measures c)      Base Level Data Insurers will be able to opt-in or opt-out of access to the base level data, for either or both classes of business. Data at this level will consist only of individual record level data containing those contributors that have opted in for this level of reporting. Contributors that have opted out will neither have their data shared nor released. Supplementary non-standard reports may be made available at additional cost. 7)      Publication of reports will generally occur two months after the end of each data collection period. Reports are planned for publication at the end of June and December each year. Service Levels 8)      The Service Levels applicable to the Services are as follows:       System availability – Lodgement of Data       The National Claims and Policies Database (“NCPD”) will be available for lodgement of data at least 95% of the time (on average in a financial year) between 8 am and 9 pm (eastern time) on business days during data collection periods.          System availability – Analysis of Data       The NCPD will be available for data analysis and report production at least 95% of the time (on average in a financial year) between 8 am and 9 pm (eastern  time) on business days.        Help desk availability       The NCPD help desk will be available at least 95% of the time (on average in a financial year) between 8 am and 9 pm (eastern time) on business days.       Exceptions to availability       If a disaster or other events beyond APRA’s reasonable control occur, APRA may suspend the availability to NCPD insurers of all or any of the foregoing functions. In such a case APRA will make reasonable efforts to restore the functions concerned as soon as practicable. Warranties and Limitation of Liability 9)      APRA warrants to the NCPD insurer that APRA will, during that financial year, ensure that the Services are provided to the NCPD insurer through the NCPD website at the standards specified in the Service Levels and in accordance with these Conditions of Use. 10)   Apart from the warranty in condition 9, all warranties and promises on the part of APRA or Fujitsu relating to the NCPD website (including, without limitation, the utility, availability, performance, content or accuracy of the NCPD website or the material on the NCPD website) are excluded, except to the extent that they cannot be excluded by law. 11)   None of APRA, Fujitsu, or their officers, employees, contractors or agents shall be liable to an NCPD insurer or to any other person for any loss or damage arising out of the use, availability, performance, content or accuracy of the NCPD website or any material on the NCPD website (even if the loss or damage results from breach of contract, negligence or any other legal wrong on the part of APRA, Fujitsu, or their officers, employees, contractors or agents). This condition does not exclude liability to an NCPD insurer or other person for:       (a)     breach of the warranty in condition 9; or       (b)     any loss or damage that was caused intentionally or maliciously; or       (c)     personal injury or death;       (To avoid doubt, the effect of paragraph (b) is that the liability of APRA, Fujitsu and their officers, employees, contractors and agents for any loss or damage that was caused intentionally or maliciously is not excluded by this condition even if that loss or damage results from breach of contract, negligence or any other legal wrong on any of their part.) 12)   Without limiting the effect of the limitations and exclusions of liability in these Conditions of Use, the liability of APRA, Fujitsu, or their officers, employees, contractors or agents to an NCPD insurer or to any other person for breach of these Conditions of Use (including breach of the warranty in condition 9 or for negligence or any other legal wrong on the part of APRA, Fujitsu, or their officers, employees, contractors or agents connected with the NCPD website or these Conditions of Use, is limited to whichever of the following amounts is higher:      (a)     $50,000; or       (b)     twice the amount of the Provisional Charge paid during the relevant financial year by the NCPD insurer in relation to whom the breach, negligence or default occurred.       The limitation of liability in this condition does not apply to liability to an NCPD insurer or other person for:       (c)     any loss or damage that was caused intentionally or maliciously; or       (d)     personal injury or death. Variation 13)   APRA may not vary these Conditions of Use unless it gives the NCPD insurer not less than 45 days notice of any proposed variations. Notice may be given by posting the proposed variation on the NCPD website in such a way that it is brought to the NCPD insurer’s attention each time after the NCPD insurer (or any of its employees, officers or agents) logs on to its account on the NCPD website. During the notice period, the NCPD insurer’s account must not be reconfigured to restrict their access unless the NCPD insurer first signifies its acceptance of the variation. A variation shall take effect when the NCPD insurer or a person using the NCPD website with the authority of the NCPD insurer signifies acceptance of the variation. A variation shall not adversely affect an NCPD insurer’s rights which accrued before the making of the variation or diminish APRA’s liabilities which were incurred before the making of the variation (unless the NCPD insurer expressly agrees in writing).
Electronic Provision of Documents
14)   NCPD insurers agree that where APRA or its representatives are required, by law or otherwise, to provide a document, they may provide that document electronically through the links on the NCPD website (so long as that mode of provision is permitted by law).
User Registration
15)   Each NCPD insurer  must be a registered user of the website and agrees to: a)      provide accurate, current, and complete information about itself as prompted by our registration form; and b)      maintain and update its information to keep it accurate, current, and complete. 16)   NCPD insurers are solely responsible for maintaining, and for taking all necessary measures to maintain, the confidentiality of the usernames and passwords of their employees, officers and agents and for any and all activities, whether by  them or anyone else (including without limitation, purchases) that are conducted through their  accounts. 17)   If NCPD insurers have reason to believe that their account is no longer secure, they  must promptly change each password used by the insurer by updating their  profiles on the NCPD website or by emailing australia.helpdesk@fujitsu.com.au. 18)   NCPD insurers acknowledge that, if any information provided by them  is untrue, inaccurate, not current or incomplete then APRA  reserves the right to terminate these Conditions of Use, and restrict their access as an NCPD insurer to the NCPD website and/or their  use of the NCPD website.   APRA may also take any action permitted by the Financial Sector (Collection of Data) Act 2001. 19)   NCPD insurers may not assign their rights and obligations under these Conditions of Use without the prior written consent of APRA.
Copyright and Trademarks
20)   The information used to generate the material on the NCPD website is confidential information and protected under the APRA Act. Subject to any pre-existing intellectual property rights of an NCPD insurer or a third party in the data submitted to the NCPD, APRA holds the copyright in the material on the NCPD website and all rights are reserved. 21)   APRA is, subject to the requirements of section 56 of the APRA Act,  entitled to:       (a)  compile and collate the data submitted to the NCPD; and       (b)  distribute and publish, and authorise or licence publishers and other third parties to distribute and publish that data (whether commercially or on a not-for-profit basis);       for the purposes of the NCPD and for other prudential purposes expressly or impliedly authorised by or under the APRA Act or other legislation dealing with APRA’s functions and powers.  22)   NCPD insurers hereby authorise APRA to do, and grant APRA a non-exclusive, royalty free, perpetual and irrevocable licence to do, the things mentioned in condition 21 to their data submitted to the NCPD. 23)   NCPD insurers may download, store in cache, display, print, reproduce and copy the information in an unaltered form only, for personal, non-commercial purposes or within and for the purposes of their organisation, provided that proper attribution is given to APRA. NCPD insurers may not re-transmit, distribute, or commercialise the material without APRA's prior written permission. Requests for such permission should be addressed to: Manager, National Claims and Policies Database
Australian Prudential Regulation Authority
GPO Box 9836
SYDNEY  NSW  2001
Australia Email: ncpd@apra.gov.au 24)   Other than for any use permitted under the Copyright Act 1968, APRA reserves all other rights. 25)   “APRA” and “NCPD” are trademarks of APRA.
Privacy
26)   As an identified NCPD insurer, your usage of this NCPD website will be monitored for administrative purposes. Your NCPD insurer details will only be used for the purpose for which they have been provided and will not be added to any mailing list not related to the NCPD. APRA will not use your e-mail address disclosed for this purpose, for any other purpose, and will not disclose it without your consent. 27)   APRA understands and appreciates that NCPD insurers are concerned about privacy and about the confidentiality and security of information we may gain about you whilst you are online. APRA is committed to protecting your privacy. 28)   APRA is bound by the Privacy Act 1988 and the National Privacy Principles set out in that Act. APRA only collects personal information about you as an NCPD insurer that is necessary to perform its functions and activities in relation to the NCPD. APRA makes every reasonable effort to protect all personal information that it holds about NCPD insurers from misuse and loss. APRA also makes every reasonable effort to protect it from unauthorised access, modification and disclosure. 29)   If you have a query relating to our Privacy Policy, contact APRA by writing to: Manager, National Claims and Policies Database
Australian Prudential Regulation Authority
GPO Box 9836
SYDNEY NSW 2001
Australia Email: ncpd@apra.gov.au
Security
30)   (a) The NCPD website uses non-persistent cookies when you access the website and for logon control once you log into the system. These are used solely for session and logon control. Once you log off, the cookie is gone. Otherwise, this is a cookie-free site. (b) When NCPD insurers visit the NCPD website, the NCPD servers make a record of your visit and log the following information:
the NCPD insurer's server address, the NCPD insurer's top level domain name (for example .com, .gov, .au, .uk etc)
the date and time of visit to the site
the pages accessed and files transmitted
the previous site visited
the type of browser used
31)   If an NCPD insurer’s browser is suitably configured, it will advise it whether the information it is sending will be secure (encrypted) or not secure (unencrypted). If secure transmission is indicated, the NCPD web site currently uses SSL encryption. 32)   APRA regularly reviews developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although APRA strives to protect such information, APRA cannot ensure or warrant the security of any information NCPD insurers transmit to APRA. Once APRA receives an NCPD insurer’s transmission to the NCPD, it makes every reasonable effort to preserve the security of the information in the NCPD. 33)   APRA applies a range of security controls to protect the NCPD website from unauthorised access. However, NCPD insurers should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties and that files which the NCPD insurer downloads may contain computer viruses, disabling codes, worms or other devices or defects. 34)   NCPD insurers are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage an NCPD insurer's computer system, software or data.
Lodgement
35)   The NCPD insurer will comply with the reporting standards made under section 13 of the Financial Sector (Collection of Data) Act 2001 which require general insurers to provide data to the NCPD. 36)   Any data that is provided must fully meet the data specifications in the reporting standards and reporting forms. This means that all data items and values must be valid and able to pass the NCPD validations. Data items or values that do not meet the specifications must not be inserted or substituted into any data fields. 37)   NCPD insurers shall exercise reasonable endeavours to ensure that the data they submit to the NCPD is complete and accurate (and complies with the other requirements in these Conditions of Use relating to the submission of data).  NCPD insurers shall not submit any material that is not required under the reporting standards. 38)   NCPD insurers may use third parties to prepare and lodge data on their behalf, but the NCPD insurer shall remain responsible for ensuring that data submitted in this way is complete and accurate and complies with the other requirements in these Conditions of Use relating to the submission of data.  APRA shall not be liable for any losses or damage caused by inappropriate or unauthorised use of contributor data by such third parties. 39)   Neither the submission of data by an NCPD insurer under these Conditions of Use nor anything else in these Conditions of Use deprives an NCPD insurer or any other relevant person of any pre-existing rights of ownership, including pre-existing intellectual property rights, in the data (subject to the rights granted to APRA under conditions 21 and 22). 40)   APRA reserves the right not to use the material submitted by NCPD insurers for the NCPD.
Third Party Software
41)   Unless otherwise indicated, software downloads available via links from the NCPD web site are third party products. These products may be subject to a licence agreement between NCPD insurers and the relevant product owner. To the extent permitted by law, APRA accepts no liability in respect of such third party products or in respect of loss, damage or liability arising out of the use or operation of such third party products, and APRA provides no warranty and gives no endorsement in respect of such products or any party connected with them.
Nature and Reliability of the Information on the NCPD Website
42)   All information contained on the NCPD website is given in good faith and has been derived from sources believed to be accurate. While APRA has made every reasonable effort to ensure that information is free from error, APRA does not represent or warrant the accuracy, adequacy or completeness of material on the NCPD website. APRA recommends that NCPD insurers exercise their own skill and care with respect to the use of or reliance on that material as it may not be complete or accurate for their purposes. All information on the NCPD website is subject to change without notice.
Termination
43)   These Conditions of Use and an NCPD insurer’s access to the NCPD website may be terminated at any time by APRA by not less than 14 days written notice.  44)   All licences, authorisations and permissions granted by NCPD insurers, and assumptions of responsibility by them, if any, in or under these Conditions of Use which relate to the content, quality or use of the information provided by NCPD insurers to the NCPD website will survive termination. Any termination of these Conditions of Use is without prejudice to any accrued rights or remedies of APRA and the NCPD insurers.
Governing Law
45)   These Conditions of Use and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the State of New South Wales. NCPD insurers consent to the jurisdiction of the courts of the State of New South Wales.
Account and Password
46)   NCPD insurers are responsible for maintaining the confidentiality of their NCPD account names and passwords used by their employees, officers and agents. NCPD insurers are solely responsible for any use of their NCPD account, whether or not authorised by the NCPD insurer. NCPD insurers agree to immediately notify APRA of any unauthorised use of their NCPD account. Links to External Websites 47)   The NCPD website contains links to other websites that are external to APRA. APRA takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. 48)   Links to external websites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by the NCPD website are responsible for ascertaining which organisation is hosting the website they visit.