902 NEW ZEALAND GAZETTE No. 41

These figures should, where possible, be provided for the 3 financial periods preceding the application and include best estimates for at least the then current financial period and the next financial period ("period" normally meaning a year).

(i) In relation to s326E(1)(i):

(i) It has involved its employees and any representatives of its employees in developing the occupational health and safety procedures referred to in this paragraph 11.3; and

(ii) It has given its employees and any representatives of its employees adequate opportunities for input into the application for admission to the Accredited Employers Programme.

11.4 The Manager may, from time to time, develop and apply operational procedures which are consistent with the criteria in paragraph 11.2 and the tests in paragraph 11.3, being procedures for determining if the intended Accredited Employer satisfies the criteria in paragraph 11.2 and the extent to which the intended Accredited Employer meets the tests which the Manager is required to have regard to under paragraph 11.3.

11.5 An employer applying to join the Accredited Employers Programme must provide to the Manager evidence that it satisfies each of the criteria in paragraph 11.2 and as to the degree to which it meets each of the tests in paragraph 11.3. Such evidence must be verified by an independent person or persons acceptable to the Manager. The Manager, in its absolute discretion, may require the employer to provide further information about any aspect of the application.

11.6 When applying to join the Accredited Employers Programme, the employer owes to the Manager a duty of absolute good faith to disclose all relevant information.

11.7 The Manager must promptly assess each application by an employer to join the Accredited Employers Programme (supported as required under paragraph 11.5), according to its merits in light of the statutory criteria and this Framework.

11.8 The Manager must treat the information provided by the applicant employer as confidential and not use the information other than:

(a) For the purpose for which the information was received or other purposes directly related to that purpose; or

(b) For statistical or research purposes provided there is no publication of the information in a form that could reasonably be expected to identify the employer concerned.

12. More than one Employer

12.1 For the purposes of paragraph 11 an “employer” may comprise more than one legal entity provided the provisions of this paragraph 12 are satisfied.

12.2 An “employer” may be:

(a) An unlimited partnership; or

(b) Some or all of the members of a group of companies (as that expression is defined in section 2 of the Financial Reporting Act 1993),

Provided:

(c) Each of those legal entities undertakes, in the Accreditation Agreement, joint and several liability for all payments, liabilities and obligations arising under that Accreditation Agreement including, for the avoidance of doubt, for all payments, liabilities and obligations arising under that Accreditation Agreement for persons employed by the other entities which are parties to the same Accreditation Agreement.

12.3 Where paragraph 12.2 applies the Manager, when assessing the degree to which the employer satisfies the tests under paragraph 11.3, may, in its discretion, take into account the degree to which the partnership or group as a whole satisfies such tests rather than each individual employer.

13. Injured Employees

13.1 The Accreditation Agreement must specify that whenever a work-related personal injury claim is made by an employee of an Accredited Employer, that Accredited Employer must:

(a) Promptly process the claim; and

(b) Keep the employee fully and regularly informed of what is happening; and

(c) Inform the employee of any review or appeal rights that the employee may have if dissatisfied with the decisions of the Accredited Employer; and

(d) Promptly pay all treatment providers the treatment expenses for which the Accredited Employer is liable; and

(e) Properly and fully document the matters referred to in paragraph 11.3(g).