Persons not to be constrained from proviPersons not to be constrained from providing information to APRA[17]

Persons not to be constrained from providing information to APRA[17]

61. No prospective, current, or former officer,[18] employee, or contractor (including professional service provider) of a regulated institution (including a Category C insurer), may be constrained or impeded, whether by confidentiality clauses or other means, from disclosing information to APRA, from discussing issues with APRA of relevance to the management and prudential supervision of the regulated institution, or from providing documents under their control to APRA, that may be relevant in the context of the management or prudential supervision of the regulated institution. Such persons are not to be constrained from providing information to:

(a) auditors, the Appointed Actuary, and others, who have statutory responsibilities in relation to the regulated institution; and

(b) the Reviewing Actuary.

62. Regulated institutions (including Category C insurers) must ensure that their internal policy and contractual arrangements do not explicitly or implicitly restrict or discourage auditors or other parties from communicating with APRA.