Life Companies APRA Prudential Standard LPS 231 - Outsourcing

Life Companies APRA Prudential Standard LPS 231 Outsourcing

by Jenny Willcocks | October 2006

APRA has released a package of new prudential standards to apply to life insurance companies (including friendly societies), general insurance companies and authorised deposit taking institutions, covering requirements for: • • • •

responsible persons to meet fit and proper requirements; a risk management framework; business continuity management; and outsourcing arrangements involving “material business activities”.

These changes are intended to standardise prudential management for all APRA regulated entities to the extent that is possible given the diversity of those entities.

This paper provides an overview of Prudential Standard LPS 231 (LPS 231) dealing with outsourcing arrangements for material business activities entered into by life insurance companies (life companies). A reference to life companies in this paper includes friendly societies. It also considers the Prudential Practice Guide 231 (PPG 231) on outsourcing, which is intended to provide guidance on how LPS 231 should be applied. LPS 231 is legally binding1 but PPG 231 is not. LPS 231 will apply from 1 January 2007 subject to some transition arrangements.

Objective The object of LPS 231 is to ensure that outsourcing arrangements are subject to appropriate levels of due diligence, Board approval and ongoing monitoring. By ensuring the outsourcing does not expose the life company to new and uncontrolled risks, the risk of financial loss to policy holders (or in the case of a friendly societies, members) is reduced. LPS 231 will also ensure that life companies can demonstrate that they have identified and addressed the key risks involved in outsourcing, managing and monitoring those risks in an appropriate way.2

Key Requirements The key requirements for LPS 231 are that life companies must: • • • • •

have a policy in place for outsourcing material business activities (the Policy); have sufficient monitoring processes for the ongoing management of those activities; where those activities are with third parties, have a legally binding agreement except where agreed by APRA; consult with APRA before entering into agreements to outsource these activities where service providers are located outside Australia; and notify APRA after entering into agreements to outsource material business activities and when those agreements cease to apply.

The life company remains responsible for complying with all prudential requirements concerning the outsourced material business activity, even though it may have handed responsibility for that activity and its day-to-day management to a service provider.3

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What is a Material Business Activity?

A “material business activity” is an activity of a life company that has the potential, if disrupted, to have a significant impact on the life company’s business operations, or its ability to manage risks effectively.4 To determine whether the activity outsourced is a “material business activity”, the following factors should be considered: • • • • • •

the financial, operational and reputational impact on the life company’s business if the service provider fails to perform over a given period of time; the cost of the outsourcing arrangement as a share of total costs; the degree of difficulty to find an alternative service provider or bring the material business activity inhouse, and the time this would take; whether the life company will be able to meet regulatory requirements if problems occur with the service provider; potential losses to the life company’s customers and other affected parties which may result from the failure of the service provider; and affiliation or other relationships between the life company and the service provider.5

EXAMPLES OF “MATERIAL BUSINESS ACTIVITIES” LPS 231 states that the internal audit function must be treated as a material business activity6. Other examples of a material business activity of a life company include: • • • • • • • •

investment management functions; professional services such as accounting and actuarial; a significant part of a regulated institution's information technology functions that support its core business; business continuity management arrangements and business recovery facilities; loan processing; claims processing; marketing and research; custodial or administration arrangements.7

WHAT IS NOT A “MATERIAL BUSINESS ACTIVITY”?

PPG 231 gives some guidance as to what APRA does not consider would be caught by the definition of “material business activity”. This would include: • • •

contractor relationships where there are numerous service providers in the market place; where the agreement is short term (ie. less than 12 months); and where the cost of switching between providers is low and relatively easy.8

EXAMPLES OF WHAT IS NOT A “MATERIAL BUSINESS ACTIVITY” Examples of what is not a “material business activity” include: • • • •

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utility services (eg. mail and telephone services); legal services; advertising; recruitment and other personnel functions;

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• • • • • •

printing services; travel and transportation services; repair and maintenance of fixed assets; purchase of goods; background investigation and information services; and specialised training and software licensing arrangements.9

PPG 231 indicates that use of a third party Appointed Actuary by a life company will not generally constitute a “material business activity” of the life company. Therefore, these activities would not fall within the definition of outsourcing for the purposes of LPS 231. However, it is still APRA’s expectation that these arrangements would be subject to adequate assessment and proper documentation.10

What is “Outsourcing”?

Outsourcing involves a life company entering into an agreement with another party (including a related body corporate) to perform, on a continuing basis, a business activity that currently is, or could be, undertaken by the life company itself.11

IS A SECONDMENT OUTSOURCING? PPG 231 confirms that a secondment would usually not be defined as “outsourcing”. This is because most secondments involve the life company maintaining effective management control of a third party resource, which is normally physically located within the life company.

In normal circumstances, a secondment would involve one company within a corporate group employing all personnel of the group and seconding those personnel to other entities within that group.

If there is doubt as to whether a particular secondment could be defined as outsourcing, the life company should treat the activity as if it were outsourcing in order to comply with LPS 231.12

TEST TO APPLY Therefore for LPS 231 to apply: • • •

there must be an agreement between the life company and another party; the agreement must relate to performance of a business activity that the life company is or could perform itself; and the business activity must be a “material business activity” as defined in LPS 231.

Outsourcing Policy A life company must develop an outsourcing policy (the Policy) approved by its Board, that: • •

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describes how it approaches outsourcing its material business activities; and includes a detailed framework for how it will manage its outsourced arrangements.13

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RISK MANAGEMENT Risks relating to the outsourcing of a particular material business activity must be addressed in the life company’s risk management framework.14

PROMOTING THE POLICY Procedures must be in place to ensure relevant business units within the life company are aware of the Policy and its terms and comply with the Policy.15 This could include publishing the Policy on the life company’s intranet for its staff, providing training for staff and including training on the Policy in its induction process.

RELATED BODY CORPORATES The policy must deal with specific requirements when outsourcing to related bodies corporate, and to service providers conducting the material business activity outside of Australia.16

Assessing Options for Outsourcing LPS 231 sets out a process for selecting the service provider to which a material business activity should be outsourced, that must include: • • • • • • • •

preparation of a business case for outsourcing the relevant activity; undertaking a tender or other selection process for service providers; undertaking a due diligence review of the chosen service provider; involving the Board in approving the outsourcing agreement (the Agreement); and ensuring the Agreement covers the minimum requirements (see below); preparation of procedures for monitoring performance of the service provider under the Agreement on an ongoing basis; a renewal process for the Agreement; and developing contingency plans so an alternative service provider can provide the outsourced business activity or it can be brought in-house where necessary.17

OUTSOURCING TEAM A possible approach to this assessment process is by use of a multi skilled team. The team would include representatives from the relevant business areas of the life company and others with skills to assess risks involved in the outsourcing of the specific material business activity, including external experts. One of the obligations of the team would be to ensure that the Outsourcing Policy is complied with including assessment of the tender and due diligence processes, evaluation of the outsourcing options available and making recommendations to senior management and the Board on the outsourcing proposal.18

RELATED BODY CORPORATES Where the decision to outsource is to a related body corporate, the life company’s assessment of the service provider must also include a consideration of: •

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changes to the risk profile of the material business activity being outsourced that will occur as a consequence of it being outsourced to a related body corporate, and how that change will be addressed within a life company's risk management framework;

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• • •

•

the ability of the related body corporate to conduct the material business activity on an ongoing basis; what monitoring procedures will be necessary to ensure a related body corporate performs effectively and how potential inadequate performance would be addressed; what contingency issues, in accordance with policy or procedures of the life company, are in place concerning the business continuity management if the outsourced activity needs to be brought inhouse; the need to apply any of the above requirements to the extent they are relevant to Agreements with related bodies corporate.19

Offshoring Arrangements DEFINITION OF “OFFSHORING” For the purposes of LPS 231 the term “offshoring” means outsourcing of a material business activity associated with the Australian business of a life company to a service provider (including a related body corporate) where the outsourcing activity will be conducted outside Australia. This would include arrangements where the service provider is incorporated in Australia, but the physical location of the outsourced activity is outside Australia. It does not include arrangements where the physical location of an outsourced activity is within Australia, but the service provider is not incorporated in Australia.20 It also does not include the situation where an Australian entity has an overseas branch that outsources within the host country or another country.21

CONSULTATION WITH APRA Before entering into any offshoring agreement involving a material business activity, the life company must consult with APRA so that APRA can satisfy itself that the impact of the offshoring arrangement has been adequately addressed as part of a life company’s risk management framework.22 The intention is that APRA will have an opportunity to review the life company’s assessment of offshoring risks, and the processes and controls introduced to mitigate those risks. Although APRA will provide feedback it does not intend to approve individual offshoring arrangements.23 Where APRA considers the offshoring agreement involves risks the life company is not managing appropriately, it may require the life company to make other arrangements for the outsourced activity as soon as practicable.24 This seems to contradict the statement that APRA is not approving such an arrangement. If it investigates the assessment and does not object to it then quasi approval could be implied.

“OFFSHORING” RISKS LPS 231 identifies the following risks that are specific to an offshoring arrangement:25 • • • •

•

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Country Risk – Risk of overseas economic, political and/or social events impacting on the ability of an overseas service provider meeting its obligations to the life company.

Compliance (legal) Risk – Risk that the arrangement will impact on the life company’s ability to comply with relevant Australian and foreign laws and regulations (including accounting practices).

Contractual Risk – Risk that the life company may not be able to enforce the offshoring agreement.

Access Risk – Risk that the life company will be partly or completely hindered in obtaining information and records. This also potentially results in APRA being unable to gain access to the service provider and information for the purposes of prudential review.

Counterparty Risk – Risk of service provider being unable to comply with Agreement or perform as agreed.

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These and any other risks would be identified during preparation of the business case for outsourcing the material business activity, the due diligence process and contractual negotiations. They would also be considered during the ongoing monitoring and control of the relevant material business activity.26 Additional requirements apply to an Agreement involving an offshoring arrangement (see below).

The Outsourcing Agreement All Agreements must: • • •

be evidenced by a legally binding written agreement, except where otherwise stated in LPS 231 (see related party exception below); be executed before the outsourcing arrangement commences; and be sufficiently flexible to accommodate changes to existing processes and to accommodate new processes in the future to meet changing circumstances.27

RELATED BODIES CORPORATE EXCEPTION TO WRITTEN AGREEMENT The requirement that a written, legally binding agreement be in place does not apply to an outsourcing arrangement with a related body corporate unless: • •

APRA notified the life company, after consulting with it, that the arrangement must be evidenced by a written, legally binding agreement; or another prudential standard requires the arrangement in question to be undertaken using a written, legally binding agreement.28

MINIMUM REQUIREMENTS Paragraph 19 of LPS 231 sets out the following minimum requirements an Agreement must meet: • • • •

•

•

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the scope of the arrangement and services to be supplied; commencement and termination dates; provisions for reviewing the Agreement; pricing and fee structure Pricing arrangements must be specific and cover frequency of payment, invoicing and payment procedures;29 service levels and performance requirements This may include: • content, frequency and format of the service being provided; • timelines for receipt and delivery of work and priorities; • performance benchmarks including default benchmarks which if not met could result in penalties, or in extreme cases termination of the Agreement. Agreed service levels would be specified in the Agreement;30 audit and monitoring procedures This may include: • details of how internal or external auditors can obtain sufficient information (including by on-site inspections or appointment of an external party) to satisfy themselves that the service provider’s risk management systems are adequate;

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•

•

• •

•

•

provision for an annual review of the service provider’s internal control systems by an independent expert;31 business continuity management (BCM) Details of how the BCM arrangements would ensure acceptable service levels are maintained if problems arise with the service provider or any sub-contracting or outsourcing by the service provider;32 confidentiality, privacy and security of information; default arrangements and termination provisions Clearly specify what constitutes a default event, how it would be rectified and what indemnity provisions would apply to it.33 As a guide the Agreement could include: • reasons for termination; • procedures to apply when termination occurs, such as notice periods, rights and responsibilities of parties and transition arrangements for services to an alternative service provider or in house; • transition arrangements could include who owns and has access to: documents; records; software and hardware; • period for which the service provider would continue to provide the material business activity during transition; • role of service provider in transitional arrangements if the activity is brought back in-house or outsourced to an alternative service provider;34 dispute resolution arrangements This should include conciliation and arbitration arrangements to resolve disputes and provide where appropriate for the continuation of the provision of the material business activity while any dispute is being dealt with;35 liability and indemnity This could include: • the extent of the liability of each party to the Agreement; • whether there is any limitation on liability for negligence; • what indemnities apply; • any obligation to maintain insurance and the type of insurance required during the term of the Agreement; • extent of liability of parties for any subcontracting arrangements36 (see below); • subcontracting (see below); • insurance; and • where applicable, offshoring arrangements (including through sub-contracting) (see below).37

FURTHER REQUIREMENTS Sub-contractors The Agreement must also include: •

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an indemnity to the effect that any subcontracting by the third party service provider of the outsourced material business activity will be the responsibility of the service provider, including liability for any failure on the part of its subcontractor.38 rules or limitations on the service provider outsourcing or sub-contracting the material business activity (e.g. a requirement to notify the life company before entering into a sub-contracting arrangement).39

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•

the same standards applicable to the service provider concerning security and confidentiality of information, offshoring, compliance with relevant legislation and regulations, and APRA's right of access to information apply equally to sub-contractors or outsourcing arrangements entered into by the primary service provider.40

APRA Access to Service Providers The Agreement must include a clause allowing APRA access to documentation concerning the outsourcing arrangement. While APRA will seek information from the life company, the Agreement must also give it the right to conduct on-site visits to the service provider where APRA considers this is necessary to perform its role as prudential supervisor. APRA expects service providers to cooperate with its request for information and assistance and this can only be assured if the service provider has a contractual obligation to do so which is enforceable by the life company, as service providers may not be APRA regulated entities. If an on-site visit to a service provider is to be undertaken, APRA will usually inform the life company of its intention.41 If the Agreement is with a related body corporate, the Board and life company must ensure that access by APRA to the related body corporate will not be impeded.42 The life company must take all reasonable steps to ensure through the Agreement that a service provider will not disclose or advertise that APRA has conducted an on-site visit except as necessary to coordinate with other institutions regulated by APRA, which are existing clients of the service provider.43

LEGAL ADVICE While legal advice concerning the Agreement is not mandatory PPG 231 states that it could be considered including undertaking a legal due diligence before executing the Agreement to ensure there are no legal impediments to APRA gaining access to information, and/or to relevant employees of the life company and service provider for the purpose of prudential supervision of the life company’s business activities.44

OFFSHORING AGREEMENT The following additional provisions should be included in an Agreement involving an offshoring arrangement: •

•

Choice of Law – Specify what legal jurisdiction will apply to disputes. The due diligence process may include an investigation of the relevant foreign law applicable by a suitably qualified expert to ensure the contract will be enforceable in the foreign jurisdiction.

Security and confidentiality of information – PPG 231 suggests that contractual provisions concerning data should be of the same standard as those applicable under Australian legislation, and ensure information sent to the service provider (and including information sent by the service provider to third parties) remains the property of the life company.45

NOTIFICATION REQUIREMENTS The life company must notify APRA as soon as possible after entering into an Agreement of a material business activity, but in any event not later than 20 business days after executing the Agreement.46 Notification of a new Agreement must be accompanied by a summary of the key risks involved in the outsourcing arrangement and the risk mitigation strategies the life insurance company has put in place to address those risks.

APRA has the right to request additional material if it considers it necessary to assess the impact of this new outsourcing arrangement on the life company’s risk profile.47

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UNEXPECTED EXTREME EVENTS Where a life company must enter into an Agreement due to an unexpected extreme event resulting in it invoking its business continuity plan or the sudden financial or operational failure of an existing service provider, the assessment process and requirements concerning the terms of the Agreement and notification requirements referred to above, need only be complied with to the extent reasonably possible having regard to the nature of the extreme event concerned. The life company must notify APRA as soon as practicable of any such arrangement.48

Monitoring the Relationship RESOURCES The life company must have sufficient and appropriate resources to manage and monitor its outsourcing relationships. The type and extent of resources required depends on the materiality of the outsourced business activity however, as a minimum, monitoring must include: • •

maintaining appropriate levels of regular contact with the service provider (e.g. daily operational contact to senior management involvement); and a process of regular monitoring of performance under the Agreement, including meeting criteria of service levels to be delivered.49

MONITORING FRAMEWORK The monitoring framework of a life company should reflect its size and the nature of the arrangements it has in place. This could include specifically assigning accountability for the management of outsourcing arrangements to an individual or committee to ensure a continued focus on the outsourcing arrangement.50

NOTICE TO APRA Where a significant problem occurs that has the potential to materially affect the outsourcing arrangement and consequently the business operations, profitability or reputation of the life company, APRA must be advised.51 The life company must also notify APRA as soon as practicable when it terminates an Agreement and provide a statement as to the transition arrangements and future strategies it has for carrying out that outsourced material business activity.52

AUDIT ARRANGEMENTS A life company’s internal audit function must review any proposed outsourcing of a material business activity and regularly review and report to the Board or audit committee on compliance with the Policy.53 APRA may request the external auditor, or an appropriate external expert, to provide an assessment of the risk management processes in place concerning an arrangement to outsource a material business activity. This could include areas such as IT, systems, data security, internal control frameworks and business continuity plans. These reports will be paid for by the life company and must be made available to APRA.54 To support the audit function the life company would usually arrange for access to records held by the service provider necessary for the audit trail.55

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SPECIAL REQUIREMENTS FOR MONITORING OFFSHORING ARRANGEMENTS To address the specific risks applicable to offshoring arrangements APRA expects a life company to maintain copies of important documents concerning the arrangement written in English and held at the life company’s Australian office. These documents could include copies of the: • • • •

contractual agreement; due diligence assessment; service provider’s business continuity management documentation and details of latest testing undertaken; and financial statements, reports and any other information the life company considers critical to the ongoing monitoring and control of the outsourcing arrangement with the service provider.56

It is also recommended that the life company maintain an on going monitoring of the economic, social and political conditions within the host country to assess the ability of the service provider to continue to adequately perform the contracted service.57

Transitional Arrangements TRANSITIONAL RELIEF APRA has the discretion to grant transitional relief from the requirements of LPS 231 by exempting a life company from any provisions of LPS 231, or varying its operation concerning a particular life company. An application must be made to APRA for this relief, which will only be granted if APRA is satisfied that the life company will not be able to comply with LPS 231 by the due date and that the Board and senior management have made all reasonable attempts to comply.58

TRANSITIONAL ARRANGEMENTS FOR EXISTING OUTSOURCING AGREEMENTS A life company must notify APRA within 20 business days of 1 January 2007 of all existing Agreements that involve material business activities within and outside Australia.59 This requirement does not apply to Agreements entered into before 1 January 2007 until the next scheduled “review date” of the Agreement if the Board is satisfied that the existing Agreement is “generally compliant” with the requirements of LPS 231.60 If the Board is not so satisfied, the life company has until 31 December 2007 to comply unless it is granted transitional relief by APRA as referred to above.61 What is a “review date”?

What will constitute a “review date” is not specified and clarification will be required. A “review date” could be: • • •

the annual date on which fees are reviewed; the date on which the Agreement is automatically renewed for a further term under an option to renew which does not require negotiation or review of any of the existing terms of the Agreement; or the date the Agreement is terminated and a new Agreement negotiated.

What is “generally compliant”?

It is also not clear what is meant by “generally compliant” and further clarification will be required. Determining whether the Agreement is “generally compliant” will determine whether the Agreement has to comply from 1

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January 2006 or at a later “review date”. Obviously “generally compliant” is something less than completely compliant but PPG 231 currently gives no guidance on this aspect.

Conclusion The time frame permitted for compliance with LPS 231 is extremely tight given that it was released in October 2006. This means there is less than 3 months (including the Christmas/New year holidays) for life companies to establish the Policy, implement it and have in place the necessary procedures to support the Policy. It will also be necessary to review all existing Agreements to determine if LPS 231 applies and if so whether the Agreement complies or will require amendment. If amendment is needed changes will have to be negotiated with the service provider who may or may not be co-operative.

The size of this undertaking is obviously greater for large life companies or those that outsource all or most of their business activities. A prompt response to LPS 231 is essential to meet the time frame.

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Checklist 1

Policy Develop an outsourcing policy which complies with the requirements of the LPS 231 including: • • •

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the assessment process for selecting service providers; the obligations which must be documented in each Agreement, including confirmation of APRA’s right of access to service providers’ premises and documents they hold; obtain Board approval of the Policy and implement it by circulating to all relevant stakeholders to ensure they are aware of its requirements and undertake appropriate training.

Monitoring Framework Develop monitoring framework to support the Policy and ensure that it is adhered to. Ensure there are sufficient resources to support the management and monitoring of the Policy and the outsourced relationships. See “Monitoring the Relationship” in the attached Turk Alert. Note special requirements offshoring arrangements.

Modified internal audit requirements to include review of any proposed outsourcing arrangements and regular review and reporting to Board or Audit Committee on compliance with the Policy.

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Identify “material business activities” • • • • •

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Existing Agreements • • •

• •

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Identify all “material business activities” that are, or will be outsourced. Use the factors outlined in the section dealing with “What is a Material Business Activity” as a guide.

Determine which of those “material business activities” are or could be performed by the life company itself; Identify the Agreement(s) (whether in writing or not) relating to those activities that meet both the above requirements and are subject to LPS 231.

Identify any activities, which involve “offshoring” and are subject to the special requirements applicable to those arrangements.

Identify any Agreements that are with a related corporate and ensure they meet the special requirements referred to in LPS 231.

Identify and review Agreements entered into before 1 January 2007 to determine whether they meet the requirements and what changes are needed to comply.

Determine the relevant “review date” for each Agreement and whether they are “generally compliant”.

If the Agreement is not “generally compliant” identify changes needed for it to meet the LPS 231 requirements. Negotiate with the service provider all necessary changes to the Agreement to comply no later than 31 December 2007 and notify APRA. If the Agreement is “generally compliant” notify APRA within 20 business days of the next “review date”.

If you are unable to renegotiate an Agreement within the time permitted consider an application for transitional relief to APRA.

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New Agreements • •

•

•

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Ensure all Agreements entered into after 1 January 2007 meet the new requirements.

This will require informing employees, Board members or external service providers responsible for negotiation of these Agreements, of the terms of the Policy, the monitoring framework and the need for the Agreement to meet the APRA requirements. This should ideally occur as soon as possible so that any Agreements currently being negotiated, or which will be before that date, can take account of the changes and avoid the need to renegotiate them at a later date.

Notify APRA within 20 business days of execution of an Agreement and provide a summary of key risks involved in the outsourcing arrangement and risk mitigation strategies in place to address those risks.

Ensure procedures provide for notification to APRA of any significant problems with potential to materially affect the outsourcing arrangement and of termination of such an arrangement as soon as practicable with a statement as to the transitional arrangements for that activity.

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Footnotes 1

Section 230A Life Insurance Act 1995

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Background, APRA Explanatory Statement

3

LPS 231, paragraph 12, prudential requirements include those under the Life Insurance Act and its regulations, prudential standards, the Financial Sector (Collection of Data) Act

2001, reporting standards, conditions on a life company registration and other APRA requirements.

4

LPS 231 paragraph 9

5

LPS 231 paragraph 9(a) to (f )

6

LPS 231 paragraph 10

7

PPG 231 Outsourcing, paragraph 3

8

PPG 231 paragraph 4

9

PPG 231 – Outsourcing, paragraph 4

10

PPG 231 – Outsourcing, paragraph 6

11

LPS 231 paragraph 6

12

PPG 231 – Outsourcing, paragraph 5

13

LPS 231, paragraph 11

14

See Prudential Standard LPS 220 and Prudential Guide LPG 200 on Risk Management

15

LPS 231 paragraph 13

16

LPS 231 paragraph 15

17

LPS 231 paragraph 16

18

PPG 231 paragraph 21

19

LPS 231 paragraph 17

20

LPS 231 paragraph 8

21

PPG 231 paragraph23

22

LPS 231 paragraph 28

23

PPG 231 paragraph 22

24

LPS 231 paragraph 29

25

PPG 231 paragraph 24

PPGS 231 paragraph 25

26 27

PPG 231 paragraph 11

28

LPS 231 paragraph 21

29

PPG 231 paragraph 16

30

PPG 231 paragraph 8

31

PPG 231 paragraph 12

32

PPG 231 paragraph 13

33

PPG 231 paragraph 14

34

PPG 231 paragraph 15

35

PPG 231 paragraph 17

36

PPG 231 paragraph 18

37

LPS 231 paragraph 19

38

LPS 231 paragraph 20

39

PPG 231 paragraph 9

40

This is not confirmed in LPS 231, but is referred to in PPG 231 at paragraph 10

41

LPS 231 paragraph 23

42

LPS 231 paragraph 24

43

LPS 231 paragraph 25

44

PPG 231 paragraph 20

45

PPG 231 paragraph 26

46

LPS 231 paragraph 26

47

LPS 231 paragraph 27

48

LPS 231 paragraph 22

49

LPS 231 paragraph 30

50

PPG 231 paragraph 28

51

LPS 231 paragraph 31

52

LPS 231 paragraph 32

53

LPS 231 paragraph 33

54

LPS 231 paragraph 34

55

PPG 231 paragraph 29

56

PPG 231 paragraph 30

57

PPG 231 paragraph 31

58

LPS 231 paragraph 35

59

LPS 231 paragraph 37

60

LPS 231 paragraph 38

61

LPS 231 paragraph 39

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For more information please contact: Jenny Willcocks Partner T: 03 8600 5001 jenny.willcocks@turkslegal.com.au

Melbourne | Level 10 (North Tower) 459 Collins Street , Melbourne, VIC 3000 | T: 03 8600 5000 | F: 03 8600 5099 Sydney | Level 29, Angel Place, 123 Pitt Street, Sydney, NSW 2000 | T: 02 8257 5700 | F: 02 9239 0922

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