Section 121 links the word “reasonable” to the corrective measures we consider necessary to make the situation safe and where a bondholder is unable or unwilling to take appropriate action. Reasonable costs in this context are the costs of resolving the health and safety issue. As a general rule, we will try to recover half of our litigation costs. The courts have confirmed that this approach is appropriate. The Chief Inspector or Deputy Chief Inspector decides which investigation costs are reimbursed. If the total amount of the investigation costs is significant, it may be appropriate for the decision to recover them to be confirmed by the competent AIFM. We record all costs that could potentially be recovered. The decision-maker will decide whether the costs are consistent with our cost recovery principles and are reimbursable. Section 152 allows us to reimburse the costs of investigation and litigation. We will only do so after a successful pursuit. They will be part of our conviction in court. We will consider the circumstances of each case in deciding whether and to what extent costs are claimed.
This may include the creditworthiness of the defendant. This section describes the sections of HSWA where we are mandated to recover costs. We may reimburse legal and other costs of prosecuting an offender who has failed to comply with an adverse advertising order. In general, we will try to reimburse investigation costs beyond operating costs. Below is a guide to explaining legal fees and what you can expect from a defendant when filing a claim. We can cover costs if we have taken corrective action to make a situation safe. We can recover all “reasonable costs” associated with taking legal action. These costs include, but are not limited to: We may recover costs if we take legal action against a person who fails to comply with their enforceable obligations (EU). Prosecution lawyers will record prosecution costs that could potentially be recovered. According to the President`s guidelines, “while a company may be able to fully cover its costs, it may choose not to.”1 Senior Legal Counsel decides which legal fees should be reimbursed. We must be able to show the court that our costs are just and reasonable, having regard to the circumstances of the case.
Where possible, costs are supported by invoices indicating the amount to be recovered. This policy describes how, to the extent possible, we recover the costs of the regulator from parties who have committed a violation and where required by the Occupational Health and Safety Act (HSWA), 2015. The investigator records investigation costs that go beyond the current costs incurred at the outset of the investigation. Our approach to recourse is addressed in our Corrective Action Policy. Policy Monitor: Director General, Better Regulation and Action This policy describes WorkSafe`s approach to reviewing remedies. Home / Workers` compensation / Explanation of legal fees in workers` compensation claims Our approach to UEs is discussed in our Practical Guide to Enforceable Obligations and the Guide to Enforceable Business Practices [PDF, 92 KB]. We consider the public interest when seeking cost recovery. Examples: It is based on our cost recovery principles, which are listed below.
This policy is part of our practice framework and will be available externally. Our cost recovery decisions take into account the particular circumstances of the case. They shall be proportionate to the impact of the infringement. 1 – Auditor General Billing of Fees for Public Sector Goods and Services (2008, point 2.5) Distribution: This policy is posted on the WorkSafe website and intranet. The Occupational Health and Safety Act 2015 is New Zealand`s Occupational Health and Safety Act. She resigned on September 4. April 2016. We will use our cost recovery principles as a guide for decision-making.