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DART MINING NL — Regulatory Filings 2012
Nov 22, 2012
64792_rns_2012-11-22_01795bb0-20dd-454c-83c8-ace4532118a9.pdf
Regulatory Filings
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23 November 2012
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Ms Alexandra Pigdon Adviser, Listings (Melbourne) ASX Compliance Pty Ltd Level 4 Rialto North Tower 525 Collins Street MELBOURNE Vic 3000
GENDER DIVERSITY POLICY
Dear Alexandra,
We refer to your letter dated 21 November 2012 regarding the inadvertent omission by Dart Mining NL (the “Company”) of disclosures in its 2012 Annual Report relating to the Company’s Corporate Governance compliance in respect of its gender diversity policy.
In relation to your specific queries the Company responds as follows:
Corporate Governance Council Recommendations 3.2 & 3.3:
The Company does not currently have a formal Gender Diversity Policy. Nevertheless, the Company has adhered to the informal policy of attracting and retaining the best candidates for positions, regardless of gender, religion or background.
Further, the Company’s executives (including the Board) and staff, are acutely aware of the importance to the Company, and role of, gender equality in the workplace, especially in the context of recruitment and career advancement. .
The Company is in the process of finalising a formal Gender Diversity Policy which will be tabled for consideration at the next Board meeting scheduled for mid-December 2012. Subject to Board approval, the Policy will after that meeting be posted on the Company’s website and released to the market.
There is currently no set objective to achieve a certain percentage of female employees in the Company’s workplace.
Corporate Governance Council Recommendation 3.4:
The Company currently employs one female full-time employee, representing 20% of all full-time employees of the Company. The Company currently has no female Directors or Key Management Personnel (as defined in the Annual Report), however it should be noted that five females provide valuable ongoing services to the Company.
Corporate Governance Recommendation 3.5:
Level 2, 395 Collins Street Melbourne, Victoria, 3000, Australia
TELEPHONE +61 3 9621 1299 FACSIMILE +61 3 9620 0070 EMAIL [email protected] WEB www.dartmining.com.au ACN 119 904 880
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The Company inadvertently omitted information on its compliance with Corporate Governance Recommendations 3.2, 3.3 and 3.4 from its 2012 Annual Report. Nevertheless, the Company considers that the above disclosures should allow its stakeholders to clearly understand the Company’s position in respect of gender diversity in the workplace.
Please do not hesitate to contact me if you require any further information in respect of the above.
Yours sincerely,
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Andrew Draffin Company Secretary Dart Mining NL
Level 2, 395 Collins Street Melbourne, Victoria, 3000, Australia TELEPHONE +61 3 9621 1299 FACSIMILE +61 3 9620 0070 EMAIL [email protected] WEB www.dartmining.com.au ACN 119 904 880
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ASX Compliance Pty Limited ABN 26 087 780 489 Level 4 Rialto North Tower 525 Collins Street MELBOURNE VIC 3000
Telephone 61 3 9617 8770 Facsimile 61 3 9614 0303 www.asx.com.au
21 November 2012
Andrew Draffin Company Secretary Dart Mining NL
By Email
Dear Andrew,
Dart Mining NL (the “Company”)
We refer to the Company’s annual report for the year ended 30 June 2012 (“Annual Report”) released to the market on 16 August 2012 and in particular to the Company’s disclosures about its corporate governance practices and in particular its diversity policy.
Listing rule 4.10.3 requires that an entity include in its annual report:
“A statement disclosing the extent to which the entity has followed the recommendations set by the ASX Corporate Governance Council during the reporting period. If the entity has not followed all of the recommendations the entity must identify those recommendations that have not been followed and give reasons for not following them. If a recommendation had been followed for only part of the period, the entity must state the period during which it had been followed.”
Principle 3 of the 2010 amendments to the 2[nd] edition of the ASX Corporate Governance Principles and Recommendations states that Companies should actively promote ethical and responsible decision-making and that:
“Companies should publish their policy concerning diversity, or a summary of that policy, and disclose annually their measurable objectives for achieving gender diversity, their progress toward achieving those objectives and the proportion of women in the whole organisation, in senior management postings and on the board. ”
More specifically the following recommendations set out in more detail the requirements:-
Recommendation 3.2
“Companies should establish a policy concerning diversity and disclose the policy or a summary of that policy. The policy should include requirements for the board to establish measurable objectives for achieving gender diversity and for the board to assess annually both the objectives and progress in achieving them.”
Recommendation 3.3
“ Companies should disclose in each annual report the measurable objectives for achieving gender diversity set by the board in accordance with the diversity policy and progress towards achieving them. ”
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ASX Compliance Pty Limited ABN 26 087 780 489 Level 4 Rialto North Tower 525 Collins Street MELBOURNE VIC 3000
Telephone 61 3 9617 8770 Facsimile 61 3 9614 0303 www.asx.com.au
Recommendation 3.4
“Companies should disclose in each annual report the proportion of women employees in the whole organisation, women in senior executive positions and women on the board.”
Recommendation 3.5
“ Companies should provide the information indicated in the Guide to reporting on Principle 3.”
The Listed Entities Updates dated 1 October 2010 and 7 February 2012, reminded listed entities of their obligation to report under the 2010 amendments to the 2[nd] edition of the ASX Corporate Governance Principles and Recommendations as set out above in their annual report for their first financial year commencing on or after 1 January 2011.
ASX Listings (ASXL) has reviewed the diversity policy disclosures in the annual reports of all entities. Upon our review of the Company’s Annual Report, ASXL could not identify a statement in the annual report confirming whether the Company had followed or not followed the diversity recommendations of the Council.
ASXL attaches particular importance to encouraging a consistently high standard of listed entities’ disclosures about the Council’s corporate governance recommendations.
In light of the Company’s non-disclosure in respect of the diversity recommendations in its Annual Report, ASXL requires that the Company make additional disclosure to the market in compliance with listing rule 4.10.3 about the extent to which the Company has followed or not followed each of the diversity recommendations of the Council.
The additional disclosure should be sent to me by e-mail at [email protected] or by facsimile on facsimile number (03) 9614 0303 . It should not be sent to ASX Market Announcements. This is requested as soon as possible and, in any event, not later than 9.30am A.E.D.S.T. on Monday, 26 November 2012 .
Under listing rule 18.7A, a copy of this letter and the additional disclosure will be released to the market, so your response should be presented in a suitable form.
Should the Company fail to do so, ASXL may consider suspending the Company’s securities from quotation until the Company releases to the market a diversity policy that discloses the required information.
If you have any queries about this letter, or about the Council’s recommendations and the Company’s reporting obligations in relation to those recommendations, please contact me immediately.
Yours sincerely,
Alexandra Pigdon Adviser, Listings (Melbourne)
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