❓ Question requesting details of Act of Grace payments made by agencies under the Minister for Environment and Water's portfolio between January and August 2011. The answer details the Water Corporation's process for ex-gratia payments and states that other listed agencies made none.
AnsweredQoN 5960Legislative Assembly
QuestionView source ↗
Will the Minister advise as to any Act of Grace payments made by any agencies or departments under the Minister’s portfolio responsibilities between 1 January 2011 and 1 August 2011, including:
(a) the name of the person or company receiving the payment;
(b) the amount of the payment;
(c) the reasons for the payment; and
(d) the processes undertaken between the application, or proposal for such a payment to be made, and the making of that payment?
(a) the name of the person or company receiving the payment;
(b) the amount of the payment;
(c) the reasons for the payment; and
(d) the processes undertaken between the application, or proposal for such a payment to be made, and the making of that payment?
AnswerView source ↗
Answered
20 September 2011
Responded by
Minister for Environment; Water
Response time
41 days
a. Investigation of Claim All claims for ex-gratia payments are investigated thoroughly, including: ? gathering and verifying information relating to the claim (this may involve Loss Adjusters); ? establishing the Water Corporation's legal liability in relation to the claim; and ? establishing whether the payment would be in the Corporation's commercial interest. b. Negotiation of Claim In negotiating any payment, the Water Corporation includes the words "without prejudice" on all correspondence. This means that genuine attempts to settle disputes (i.e. negotiating payment) does not prejudice the Corporation in the event of no settlement being reached. c. Approval by Authorised Officer Financially authorised officers of the Water Corporation approve ex-gratia payments on behalf of the Board in accordance with the Corporation's Financial Authorisation Standard. d. Payment of Claim A Claim for Damages form, which contains a confidentiality clause, must be completed and signed before any payment is made. In addition, if the payment is greater than $20,000, a Deed of Release and Confidentiality must be executed. e. Reporting Details of all ex-gratia payments are reported to the Board of the Water Corporation and to the Corporation's Manager Legal Services on a six monthly basis. Department of Environment and Conservation, Botanic Gardens and Parks Authority, Office of the Environmental Protection Authority, Office of the Appeals Convenor, Swan River Trust, Zoological Parks Authority, Department of Water, Busselton Water Board & Aqwest (a) Not applicable (b) Nil (c) - (d) Not applicable Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on http://www.rtlib.com
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