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Sheet 1: Universe Regulatory
- The acts listed below are those acts identified in the South African legislative universe that can be administered in the Council. | |||
- The list is by no means in order of importance but is rather in alphabetical order. | |||
#. | ELRC Regulatory Universe | ||
Act Name | Category | Affected Programme / Business Unit/ Structures | |
1 | Administrative Adjudication of Road Traffic Offences Act (AARTO) | Secondary | SCM |
2 | Basic Conditions of Employment Act (BCEA) | Secondary | HR |
3 | Compensation for Occupational Injuries and Diseases Act (COIDA) | Secondary | HR, Finance |
4 | Constitution of Republic of South Africa | Secondary | All Programmes / Structures |
5 | Employment Equity Act (EEA) | Secondary | HR |
6 | Employment of Educators Act | Core | DMS, CBS |
7 | Further Education and Training Colleges Act | Core | CBS |
8 | Income Tax Act | Secondary | Finance |
9 | Labour Relations Act (LRA) | Core | All Programmes / Structures |
10 | National Education Policy Act | Secondary | CBS |
11 | Occupational, Health and Safety Act (OHSA) | Secondary | SHE Committee |
12 | Pension Funds Act | Secondary | HR |
13 | Prevention and Combating of Corrupt Activities Act (PRECCA) | Topical | All Programmes / Structures |
14 | Prevention of Organised Crime Act (POCA) | Topical | All Programmes / Structures |
15 | Promotion of Access to Information Act (PAIA) | Topical | All Programmes / Structures |
16 | Protection of Personal Information Act (PPIA) | Secondary | All Programmes / Structures |
17 | Public Holidays Act | Topical | HR |
18 | Skills Development Levies Act | Secondary | HR |
19 | South African Council of Educators Act | Secondary | CBS |
20 | South African Qualifications Authority Act | Secondary | HR |
21 | South African Schools Act | Secondary | CBS |
22 | Unemployment Insurance Fund | Secondary | HR |
23 | Children's Bill of Rights of 2007 | Core | DMS, CBS |
24 | Sexual Offences Act 32 of 2007 | Core | DMS, CBS |
25 | Child Care Act 74 of 1983 amended 01 April 2010 | Core | DMS, CBS |
26 | Criminal Procedures Act of 2008 | Topical | DMS, CBS |
27 | Children's Act 38 of 2005 | Core | DMS |
28 |
ELRC Business Compliance Universe | Inherent Risk Level | ||||||
# | Business Unit | # | Business Policies and SOPs | Compliance Related Risks | Likelihood | Impact | Indicator |
1. | Executive Services | 1 | Fraud Prevention Plan | Financial | Low | Critical | Medium (8) |
2 | Performance Information policy | Business | Medium | Critical | Medium (12) | ||
3 | ELRC Constitution | Legal; financial; reputational; business | Low | Catastrophic | Medium (10) | ||
4 | Policy on Delegations and Scheduling of Authorisation Levels | Financial and business | Minimum | Critical | Low (4) | ||
5 | Risk Management Framework | Legal; financial; reputational; business | Medium | Major | Medium (9) | ||
6 | Risk Management policy | Legal; financial; reputational; business | Medium | Major | Medium (9) | ||
7 | Telephone policy | Financial | Minimum | Significant | Low (2) | ||
8 | Consequence Management policy | ||||||
9 | Corporate Business Continuity Plan | ||||||
10 | King IV | Business | Low | Critical | Medium (8) | ||
2 | Dispute Management Services | 11 | DRS Practice Manual | Legal; financial; reputational; business | Medium | Critical | Medium (12) |
12 | Fee Policy for Panellists | Financial; reputational; business | Low | Major | Low (6) | ||
3. | Collective Bargaining Services | 13 | Committee Work Procedures | Legal; financial; reputational; business | Medium | Critical | Medium (12) |
4. | Human Resource | 14 | Human Resource policy | Legal; financial; reputational; business | Low | Major | Low (6) |
15 | Occupational Health and Safety Policy | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
16 | Disciplinary policy and procedures | Legal; financial; reputational; business | Low | Critical | Medium (8) | ||
17 | Recruitment and Selection policy | Legal; financial; reputational; business | Low | Critical | Medium (8) | ||
18 | Performance Management System policy | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
19 | Leave Management policy | Financial; business | Medium | Significant | Low (6) | ||
20 | Training and Development policy | Financial; business | Medium | Critical | Medium (12) | ||
21 | Conditions of Services | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
22 | Payroll SOP | Financial, business | Low | Critical | Medium (8) | ||
23 | ELRC Code of Conduct and Ethics | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
5. | Information Communication Technology | 24 | Information Technology Hardware and Software Policy | Financial; business | Medium | Major | Medium (9) |
25 | Disaster Recover Plan policy | Financial; business | High | Critical | High (16) | ||
26 | Business Continuity Plan policy | Financial; business | High | Critical | High (16) | ||
27 | Incident Management and Procedure Manual | Financial; business | Medium | Critical | Medium (12) | ||
28 | Patch Management policy | Financial; business | Minimum | Major | Low (3) | ||
29 | IT Change Management policy | Financial; business | Minimum | Major | Low (3) | ||
30 | User Access System policy | Financial; business | Minimum | Major | Low (3) | ||
31 | ICT Systems Security | Financial; business | Minimum | Major | Low (3) | ||
32 | IT Internet and Email policy and SOP | Financial; business | Minimum | Major | Low (3) | ||
33 | IT Equipment Usage policy | Financial; business | Low | Major | Low (6) | ||
34 | IT Governance Framework | Financial; business | Medium | Critical | Medium (12) | ||
35 | ITIL | Financial; business | Medium | Critical | Medium (12) | ||
36 | COBIT | Financial; business, reputational | Medium | Critical | Medium (12) | ||
6. | Media and Research | 37 | Communications policy | Business | Low | Major | Low (6) |
38 | PAIA manual | Legal; financial; reputational; business | Minimum | Major | Low (3) | ||
39 | Records Management policy | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
7. | Supply Chain Management | 40 | SCM policy | Legal; financial; reputational; business | High | Critical | High (16) |
41 | Inventory Management SOP | Financial; business | Low | Significant | Low (4) | ||
42 | Contract Management SOP | Legal; financial; reputational; business | High | Critical | High (16) | ||
43 | SCM SOP | Legal; financial; reputational; business | High | Critical | High (16) | ||
44 | Asset Management policy | Financial; business | Low | Critical | Medium (8) | ||
45 | Asset Disposal SOP | Financial; business | Low | Critical | Medium (8) | ||
46 | Policy on Unauthorised, Irregular, Fruitless and Wasteful Expenditure | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
8. | Finance | 47 | Finance Administration policy | Financial, business, reputational | High | Critical | High (16) |
48 | Petty Cash policy | Financial, business | Low | Significant | Low (4) | ||
49 | Materiality Framework | Financial | Low | Major | Low (6) | ||
50 | Travel and Subsistence Allowance Policy | Financial, business | Low | Critical | Medium (8) | ||
51 | Panellist Claims SOP | Financial, business | Low | Critical | Medium (8) | ||
52 | Revenue and Receivables SOP | Financial, business | Low | Critical | Medium (8) | ||
53 | Trade and Payables, and Expenses SOP | Financial, business | Low | Critical | Medium (8) | ||
54 | International Financial Reporting Standards (IFRS) | Business | Minimum | Critical | Low (4) | ||
9. | Internal Audit | 55 | Internal Audit Charter | Business | Low | Critical | Medium (8) |
56 | Action Plan Management Policy | Business | Low | Critical | Medium (8) | ||
57 | Institute of Internal Auditors (IIA), International Profesional Practices Framework (Code of Ethics, Standards and the Defination of Internal Auditing). | Business | Low | Critical | Medium (8) | ||
58 | Combined Assurance Policy Framework | Business | Low | Critical | Medium (8) | ||
59 | Compliance Management policy | Legal; financial; reputational; business | Medium | Critical | Medium (12) | ||
Compliance Related Risks | |||||||
□ Legal impact: Regulatory or legal action brought against the organization or its employees that could result in fines, penalties or imprisonment. | |||||||
□ Financial impact: Negative impacts with regard to the organization’s bottom line, and material loss. | |||||||
□ Reputational impact: Damage to the organization’s reputation or brand—for example, bad press or social media discussion, loss of customer trust, | |||||||
or decreased employee morale. | |||||||
□ Business impact: Adverse events that could significantly disrupt the organization’s ability to operate. |
Risk Model (How do we measure risk) - ELRC RM Framework | |||||
Each risk is evaluated in terms of potential loss, likelihood of occurrence and the effectiveness of controls in place to manage the risks according to the criteria set down below | |||||
Risk = Threat Likelihood x Magnitude of Impact | |||||
Threat Likelihood | |||||
Potential Loss / Impact | |||||
Magnitude impact is the potential loss to the business should the risk materialized, rated as follows: | |||||
Effectiveness of Operating Controls | |||||
Control Strength | Control Rating | Description | Control Weight | ||
No control | 5 | Controls/ management activities not existing and/or major deficiencies and don’t operate as intended. | 1% | ||
Weak | 4 | Limited controls and/or management activities are in place. | 25% | ||
Satisfactory | 3 | Controls and/or management activities are in place with significant opportunities for improvement. | 50% | ||
Strong | 2 | Controls and/or management activities are properly designed and operating with limited opportunity of improvement. | 75% | ||
Very strong | 1 | Controls and/or management activities are properly designed and operating as intended. | 90% |
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