The Motor Vehicle Insurance and Repair Industry (MVIRI) Code Administration Committee (CAC) has met significant milestones as it continues its work to review the MVIRI Code of Conduct (Code) in response to the independent review conducted by Dr Michael Schaper.
The CAC has received legal advice regarding options for incorporation as a formal legal entity and is considering its next steps.
“Recommendation 9 of Dr Schaper’s review was that the CAC should adopt an association, company or other corporate structure. He identified that the Code may lack credibility among industry players and government bodies under its present informal structure, says MVIRI CAC chair Stephen Jenkins.
“The advice received by the CAC is a critical input to the CAC’s considerations on how it can enhance its independence and improve the overall governance of the Code.”
“The legal advice received is also of assistance in guiding instructions for redrafting the Code. The CAC is also currently in the process of obtaining proposals as to the drafting of the revised Code.”
“Once a revised draft of the Code is received, the CAC will engage and consult with the insurance and repair industry and other stakeholders,” he says.
Reflecting on the CAC’s work in implementing the recommendations for the review of the Code, Jenkins expressed cautious optimism about the progress made to date.
“As a committee, we have set ourselves a goal to receive a revised draft of the Code by the middle of 2024.”
“I would like to thank all committee members for their hard work, but more importantly to the industry for their patience to date,” he says.
Background
In December 2022, the CAC announced Dr Michael Schaper was appointed to conduct an independent review of the Motor Vehicle Insurance and Repair Industry (MVIRI) Code of Conduct. In May 2023, the CAC formally received Dr Schaper’s final report.
The report provided 15 recommendations in response to the review’s terms of reference, which focused on:
- The effectiveness of dispute resolution processes under the MVIRI Code
- Awareness and accessibility of the Code
- Compliance with the Code
- Governance of the Code and the CAC
- Other issues pertinent to the effective governance and operation of the Code
A range of stakeholders were consulted in the review process, including government bodies, regulators such as Small Business Commissioners, members of the Code Administration Committee, and the insurance and repair industry.
Since its inception in 2006, the MVIRI Code of Conduct has undergone multiple reviews to ensure it remains fit for purpose, with the last review undertaken in 2017.
A copy of Dr Schaper’s report can be found on the Motor Vehicle Insurance and Repair Industry Code of Conduct website at abrcode.com.au/resource-centre as well as the MTAA website mtaa.com.au and the ICA website at insurancecouncil.com.au.
