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This is a Bill, not an Act. For current law, see the Acts databases.


NSW SELF INSURANCE CORPORATION AMENDMENT (SPECIAL LIABILITY INSURANCE) BILL 2024





                               New South Wales




NSW Self Insurance Corporation Amendment
(Special Liability Insurance) Bill 2024
Contents
                                                                               Page

             1   Name of Act                                                     2
             2   Commencement                                                    2
Schedule 1       Amendment of NSW Self Insurance Corporation Act 2004 No 106     3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.

                                                Clerk of the Legislative Assembly.
                                                Legislative Assembly,
                                                Sydney,                                   , 2024




                                    New South Wales




NSW Self Insurance Corporation Amendment
(Special Liability Insurance) Bill 2024

Act No        , 2024



An Act to amend the NSW Self Insurance Corporation Act 2004 to establish a scheme of insurance
for certain persons providing out-of-home care services and youth homelessness services to cover
liabilities arising from physical or sexual abuse of a person; and for other purposes.




I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.


                                                Assistant Speaker of the Legislative Assembly.
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 [NSW]




The Legislature of New South Wales enacts--
  1   Name of Act
             This Act is the NSW Self Insurance Corporation Amendment (Special Liability
             Insurance) Act 2024.
  2   Commencement
             This Act commences on the date of assent to this Act.




Page 2
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 [NSW]
Schedule 1 Amendment of NSW Self Insurance Corporation Act 2004 No 106



Schedule 1             Amendment of NSW Self Insurance Corporation
                       Act 2004 No 106
[1]   Section 3 Definitions
      Insert in alphabetical order in section 3(1)--
                    out-of-home care has the same meaning as in the Children and Young Persons
                    (Care and Protection) Act 1998.
                    special liability insurance means insurance against liabilities arising from
                    physical or sexual abuse of a person--
                     (a) in out-of-home care, or
                    (b) receiving youth homelessness services.
                    Special Liability Insurance Fund means the fund established under section
                    12DB.
[2]   Section 8D
      Insert after section 8C--
         8D   Specific functions relating to special liability insurance
              (1)   The Self Insurance Corporation has the following functions--
                    (a) to carry on the business of providing special liability insurance to
                         persons who provide the following services under contract with the
                         Crown--
                           (i) the provision of out-of-home care,
                          (ii) youth homelessness services,
                    (b) to manage the Special Liability Insurance Fund,
                    (c) to enter into arrangements with other persons, including re-insurers, for
                         services relating to the exercise of the Corporation's functions under
                         paragraphs (a) and (b).
              (2)   In this section--
                    arrangements includes contracts and agreements.
                    under contract with the Crown includes subcontracts under the contract with
                    the Crown.
[3]   Section 11 Self Insurance Fund
      Omit "(except its functions in relation to the provision of insurance under the Home
      Building Compensation Fund or principal arranged construction insurance or the
      management of the Home Building Compensation Fund or Construction Risks Insurance
      Fund)" from section 11(2).
      Insert instead ", other than an excluded function".
[4]   Section 11(3)
      Omit "(except expenditures incurred in connection with the provision of insurance under
      the Home Building Compensation Fund or principal arranged construction insurance or the
      operation of the Home Building Compensation Fund or Construction Risks Insurance
      Fund)".
      Insert instead ", other than expenditure incurred in connection with an excluded function,".




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NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 [NSW]
Schedule 1 Amendment of NSW Self Insurance Corporation Act 2004 No 106



[5]    Section 11(6)
       Insert after section 11(5)--
             (6)    In this section--
                    excluded function means a function of the Self Insurance Corporation relating
                    to the following--
                     (a) the Home Building Compensation Fund,
                    (b) insurance under the Home Building Act 1989,
                     (c) the Construction Risks Insurance Fund,
                    (d) principal arranged construction insurance,
                     (e) the Special Liability Insurance Fund,
                     (f) special liability insurance.
[6]    Sections 12B and 12D
       Omit the sections.
[7]    Part 4, Division 3A
       Insert after Division 3--

       Division 3A          Special Liability Insurance Fund
      12DA   Definition
                    In this division--
                    Fund--see section 12DB.
      12DB   Special Liability Insurance Fund
                    There must be established in the Special Deposits Account a Special Liability
                    Insurance Fund (the Fund).
      12DC   Payments to Fund
                    The following must be paid into the Fund--
                    (a) all money received by the Self Insurance Corporation--
                            (i) as premiums for special liability insurance, or
                           (ii) from re-insurers in connection with special liability insurance, or
                         (iii) by the exercise of any right of subrogation or other right of
                                recovery in connection with special liability insurance, or
                          (iv) under any security, guarantee or recourse held by the Self
                                Insurance Corporation in connection with special liability
                                insurance,
                    (b) all money--
                            (i) advanced to the Fund by the Minister, or
                           (ii) appropriated by Parliament for the purposes of the Fund, or
                         (iii) directed or authorised to be paid into the Fund by or under this or
                                another Act,
                    (c) the proceeds of the investment of money in the Fund.
      12DD   Payments from Fund
             (1)    Money may be paid from the Fund for the following--


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NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 [NSW]
Schedule 1 Amendment of NSW Self Insurance Corporation Act 2004 No 106



                    (a)    claims made under special liability insurance,
                    (b)    costs, including disbursements and commissions, of services provided
                           in connection with the administration of the Corporation's business,
                           Example-- risk management, actuarial, agency, brokerage and legal services
                    (c)    costs incurred by or on behalf of a NSW Government agency in
                           providing services in connection with the Corporation's business,
                    (d)    administrative expenses in connection with the Fund,
                    (e)    repayments to the Consolidated Fund for payments made under section
                           12DC(b)(i) or (ii),
                     (f)   amounts directed or authorised to be paid from the Fund by or under this
                           or another Act.
              (2)   A repayment under subsection (1)(e) may be made if the Treasurer--
                    (a) considers the amount to be repaid is surplus to the requirements of the
                          Fund, and
                    (b) in assessing whether the amount is surplus, has applied an appropriate
                          prudential margin.
              (3)   In this section--
                    Corporation's business means the special liability insurance business of the
                    Self Insurance Corporation.
[8]   Section 12E
      Omit the section. Insert instead--
      12E     Investment of money in funds
              (1)   The Self Insurance Corporation may invest money in a fund in accordance
                    with the Government Sector Finance Act 2018, Part 6.
              (2)   The Treasurer may determine investment strategies for the investment of
                    money in the funds.
              (3)   In this section--
                    fund means a fund established under this part.
[9]   Section 18
      Omit the section. Insert instead--
         18   Review of special liability insurance provisions
              (1)   The Minister must review the reviewable provisions of this Act to decide
                    whether--
                    (a) the policy objectives of the reviewable provisions remain valid, and
                    (b) the terms of this Act remain appropriate for securing the policy
                         objectives.
              (2)   The review must be undertaken as soon as possible after the period of 2 years
                    from the commencement of the NSW Self Insurance Corporation Amendment
                    (Special Liability Insurance) Act 2024.
              (3)   A report on the outcome of the review must be tabled in each House of
                    Parliament within 12 months after the end of the period of 2 years.
              (4)   In this section--



Page 5
NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 [NSW]
Schedule 1 Amendment of NSW Self Insurance Corporation Act 2004 No 106



                    reviewable provisions means the provisions of this Act about special liability
                    insurance and the Special Liability Insurance Fund.
[10]   Schedule 1 Savings, transitional and other provisions
       Insert at the end of the schedule, with appropriate part and clause numbering--

       Part         Provisions consequent on enactment of NSW Self
                    Insurance Corporation Amendment (Special
                    Liability Insurance) Act 2024
              Special liability insurance
                    Special liability insurance does not cover a liability if--
                    (a) the liability arises from physical or sexual abuse of a person occurring
                          before 30 June 2007, or
                    (b) the liability is covered by other insurance issued before the
                          commencement of Part 4, Division 3A.




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