Common use of CO-OPERATION BETWEEN THE PARTIES Clause in Contracts

CO-OPERATION BETWEEN THE PARTIES. ‌ 6.1 The parties will co-operate on all matters relating to the exercise of their respective regulatory and membership functions which are relevant to this agreement. For the avoidance of doubt, information that is shared shall: be shared via secure means; be in a form accessible by the other party’s systems; and be stored securely. 6.2 Any application from a member of one party for membership of the other party will be regarded and treated as an application under the terms of this agreement. 6.3 Each party will notify applicants for membership of its body of the professional regulation requirements associated with being a member of that body. 6.4 Subject to clause 6.5: 6.4.1 The parties will co-operate on all disciplinary matters conducted by either party against a member of the other party. 6.4.2 Where there is any complaint laid, referral made, or information provided of a disciplinary nature (“Allegation”) against a member of both the IAAust and the CIA, such Allegation will be notified to the other party on receipt, or as soon as reasonably practicable thereafter. 6.4.3 Each disciplinary matter will be considered on its merits and the parties will agree on which party should initially handle the Allegation. The parties will use the following non-exhaustive criteria to consider which party is the appropriate one to initially consider the Allegation:  whether that party has jurisdiction to deal with the Allegation in the first place;  where the work which is the subject of the Allegation (“Work”) has been undertaken;  where the member who is the subject of the Allegation is located;  whether the Work has been undertaken in accordance with the legal or regulatory requirements of Australia or Canada;  whether the Work is intended to be used in Australia or Canada; and/or  whether the recipient of the Work is based in Australia or Canada. 6.4.4 Where an agreement cannot be reached within a reasonable time, each party may then handle the matter as they choose, by reference to their own rules, regulations and disciplinary scheme or process. 6.4.5 Each party will, so far as reasonably possible, disclose to the other any such information in relation to any information, disciplinary complaint, referral, investigation, hearing or procedure which is relevant for the purpose of assisting the other in properly undertaking its regulatory functions. 6.4.6 Upon a final determination, the investigating party shall communicate its findings to the other party. As a result of the determination, each party shall give such weight as is appropriate to the other party’s findings for the purposes of considering the matter under its own disciplinary scheme or process. 6.5 Nothing in this agreement shall adversely affect either party’s ability to invoke the terms of its disciplinary scheme or process in force from time to time.‌

Appears in 1 contract

Samples: Mutual Recognition Agreement

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CO-OPERATION BETWEEN THE PARTIES. ‌ 6.1 6.1. The parties will co-operate on all matters relating to the exercise of their respective regulatory and membership functions which are relevant to this agreement. For the avoidance of doubt, information that is shared shall: shall be shared via secure means; , be in a form accessible by the other party’s systems; systems and be stored securely. 6.2 6.2. Any application from a member of one party for membership of the other party will be regarded and treated as an application under the terms of this agreement. 6.3 6.3. Each party will notify applicants for membership of its body of the professional regulation requirements associated with being a member of that body. Such notification may be made via the party's membership application form, on its website or otherwise. 6.4 6.4. Subject to clause 6.5: 6.4.1 6.4.1. The parties will co-operate on all disciplinary matters conducted by either party against a member of the other party. 6.4.2 6.4.2. Where there is any complaint laid, referral made, or information provided of a disciplinary nature (“Allegation”) against a member of both the IAAust IFoA and the CIAILAA who has been admitted to the other under this agreement, such Allegation will be notified to the other party on receipt, or as soon as reasonably practicable thereafter. 6.4.3 6.4.3. Each disciplinary matter will be considered on its merits and the parties will agree on which party should initially handle the Allegation. The parties will use the following following, non-exhaustive criteria to consider which party is the appropriate one to initially consider the Allegation: whether that party has jurisdiction to deal with the Allegation in the first place; where the work which is the subject of the Allegation (“Work”) has been undertaken; where the member who is the subject of the Allegation is located; whether the Work has been undertaken in accordance with the legal or regulatory requirements of Australia the UK or CanadaIsrael; whether the Work is intended to be used in Australia the UK or CanadaIsrael; and/or  whether the recipient of the Work is based in Australia the UK or Canada.Israel; and/or • whether the member who is the subject of the allegation is partially regulated by the IFoA. 6.4.4 6.4.4. Where an agreement cannot be reached within a reasonable time, each party may then handle the matter as they choose, by reference to their own rules, regulations and disciplinary scheme or process. 6.4.5 6.4.5. Each party will, so far as reasonably possible, disclose to the other any such information in relation to any information, disciplinary complaint, referral, investigation, hearing or procedure which is relevant for the purpose of assisting the other in properly undertaking its regulatory functions. 6.4.6 6.4.6. Upon a final determinationdetermination that standards of professional conduct have been violated, the investigating party shall communicate its findings to the other party. As a result of the determination, each party shall give such weight as is appropriate to the other party’s 's findings for the purposes of considering the matter under its own disciplinary scheme or process. 6.5 6.5. Nothing in this agreement shall adversely affect either party’s ability to invoke the terms of its disciplinary scheme or process in force from time to time.‌time.

Appears in 1 contract

Samples: Mutual Recognition Agreement

CO-OPERATION BETWEEN THE PARTIES. ‌ 6.1 6.1. The parties will co-operate on all matters relating to the exercise of their respective regulatory and membership functions which are relevant to this agreement. For the avoidance of doubt, information that is shared shall: shall be shared via secure means; , be in a form accessible by the other party’s systems; systems and be stored securely. 6.2 6.2. Any application from a member of one party for membership of the other party will be regarded and treated as an application under the terms of this agreement. 6.3 6.3. Each party will notify applicants for membership of its body of the professional regulation requirements associated with being a member of that body. 6.4 6.4. Subject to clause 6.5: 6.4.1 6.4.1. The parties will co-operate on all disciplinary matters conducted by either party against a member of the other party. 6.4.2 6.4.2. Where there is any complaint laid, referral made, or information provided of a disciplinary nature (“Allegation”) against a member of both the IAAust IFoA and the CIA, such Allegation will be notified to the other party on receipt, or as soon as reasonably practicable thereafter. 6.4.3 6.4.3. Each disciplinary matter will be considered on its merits and the parties will agree on which party should initially handle the Allegation. The parties will use the following following, non-exhaustive criteria to consider which party is the appropriate one to initially consider the Allegation: whether that party has jurisdiction to deal with the Allegation in the first place; where the work which is the subject of the Allegation (“Work”) has been undertaken; where the member who is the subject of the Allegation is located; whether the Work has been undertaken in accordance with the legal or regulatory requirements of Australia the UK or Canada; whether the Work is intended to be used in Australia the UK or Canada; and/or  whether the recipient of the Work is based in Australia the UK or Canada.; and/or • whether the member who is the subject of the Allegation is partially regulated by the IFoA. 6.4.4 6.4.4. Where an agreement cannot be reached within a reasonable time, each party may then handle the matter as they choose, by reference to their own rules, regulations and disciplinary scheme or process. 6.4.5 6.4.5. Each party will, so far as reasonably possible, disclose to the other any such information in relation to any information, disciplinary complaint, referral, investigation, hearing or procedure which is relevant for the purpose of assisting the other in properly undertaking its regulatory functions. 6.4.6 6.4.6. Upon a final determinationdetermination that rules of professional conduct have been violated, the investigating party shall communicate its findings to the other partyparty (other than in the case of a private admonishment). As a result of the determination, each party shall give such weight as is appropriate to the other party’s 's findings for the purposes of considering the matter under its own disciplinary scheme or process. 6.5 6.5. Nothing in this agreement shall adversely affect either party’s ability to invoke the terms of its disciplinary scheme or process in force from time to time.‌time.

Appears in 1 contract

Samples: Mutual Recognition Agreement

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CO-OPERATION BETWEEN THE PARTIES. 6.1 The parties will co-operate on all matters relating to the exercise of their respective regulatory and membership functions which are relevant to this agreement. For the avoidance of doubt, information that is shared shall: be shared via secure means; be in a form accessible by the other party’s systems; and be stored securely. 6.2 Any application from a member of one party for membership of the other party will be regarded and treated as an application under the terms of this agreement. 6.3 Each party will notify applicants for membership of its body of the professional regulation requirements associated with being a member of that body. 6.4 Subject to clause 6.5: 6.4.1 The parties will co-operate on all disciplinary matters conducted by either party against a member of the other party. 6.4.2 Where there is any complaint laid, referral made, or information provided of a disciplinary nature (“Allegation”) against a member of both the IAAust and the CIA, such Allegation will be notified to the other party on receipt, or as soon as reasonably practicable thereafter. 6.4.3 Each disciplinary matter will be considered on its merits and the parties will agree on which party should initially handle the Allegation. The parties will use the following non-exhaustive criteria to consider which party is the appropriate one to initially consider the Allegation: whether that party has jurisdiction to deal with the Allegation in the first place; where the work which is the subject of the Allegation (“Work”) has been undertaken; where the member who is the subject of the Allegation is located; whether the Work has been undertaken in accordance with the legal or regulatory requirements of Australia or Canada; whether the Work is intended to be used in Australia or Canada; and/or whether the recipient of the Work is based in Australia or Canada. 6.4.4 Where an agreement cannot be reached within a reasonable time, each party may then handle the matter as they choose, by reference to their own rules, regulations and disciplinary scheme or process. 6.4.5 Each party will, so far as reasonably possible, disclose to the other any such information in relation to any information, disciplinary complaint, referral, investigation, hearing or procedure which is relevant for the purpose of assisting the other in properly undertaking its regulatory functions. 6.4.6 Upon a final determination, the investigating party shall communicate its findings to the other party. As a result of the determination, each party shall give such weight as is appropriate to the other party’s findings for the purposes of considering the matter under its own disciplinary scheme or process. 6.5 Nothing in this agreement shall adversely affect either party’s ability to invoke the terms of its disciplinary scheme or process in force from time to time.‌time.

Appears in 1 contract

Samples: Mutual Recognition Agreement

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