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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
State Insurance and Care Governance
Bill 2015
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
This Bill is cognate with the Workers Compensation Amendment Bill 2015.
Overview of Bill
The object of this Bill is to reform the governance and regulatory arrangements for various
insurance and compensation schemes established under legislation. For that purpose, the proposed
Act:
(a) constitutes Insurance and Care NSW (ICNSW), which will act for the Workers
Compensation Nominal Insurer under the Workers Compensation Act 1987 and provide
services in relation to various insurance and compensation schemes, and
(b) constitutes the State Insurance Regulatory Authority (SIRA), which will generally take
over the regulatory functions of the WorkCover Authority and the Motor Accidents
Authority which will both be abolished by the proposed Act, and
(c) provides that the work health and safety functions of the WorkCover Authority will be
assumed by the Secretary of the Department of Finance, Services and Innovation (referred
to as SafeWork NSW in the relevant legislation), and
(d) abolishes the Safety, Return to Work and Support Board as a consequence of the
constitution of ICNSW, and
(e) makes miscellaneous amendments relating to the administration of various insurance and
compensation schemes established under legislation.
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State Insurance and Care Governance Bill 2015 [NSW]
Explanatory note
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Clause 3 defines words and phrases used in the proposed Act.
Part 2 Insurance and Care NSW
Division 1 Constitution and management of ICNSW
Clause 4 constitutes ICNSW as a body corporate and provides that it is a NSW Government
agency (which has the effect of conferring the status, privileges and immunities of the Crown on
ICNSW).
Clause 5 establishes a board of directors of ICNSW (the ICNSW Board) which will consist of the
chief executive of ICNSW and up to 8 other directors appointed by the Minister.
Clause 6 provides that the ICNSW Board acts for ICNSW.
Clause 7 enables to Minister to give directions in the public interest to the ICNSW Board in
relation to ICNSW.
Clause 8 provides for the employment by the ICNSW Board of a chief executive who will be
responsible for the day to day management of the activities of ICNSW in accordance with the
directions of the ICNSW Board.
Clause 9 requires the ICNSW Board to establish an expert committee to advise it on matters
arising under the Workers' Compensation (Dust Diseases) Act 1942. The ICNSW Board may
establish other committees to give advice and assistance to the Board.
Division 2 Functions of ICNSW
Clause 10 specifies the functions of ICNSW, which include the following:
(a) acting for the Nominal Insurer in accordance with the Workers Compensation Act 1987,
(b) providing services (including staff and facilities) to the following authorities in relation to
the insurance or compensation schemes administered or provided by them:
(i) the Workers Compensation (Dust Diseases) Authority constituted under the
Workers' Compensation (Dust Diseases) Act 1942 (the Authority will be constituted
by amendments made by the proposed Act and is a continuation of the existing
Workers' Compensation (Dust Diseases) Board),
(ii) the Lifetime Care and Support Authority constituted under the Motor Accidents
(Lifetime Care and Support) Act 2006,
(iii) the Sporting Injuries Compensation Authority constituted under the Sporting Injuries
Insurance Act 1978,
(iv) the NSW Self Insurance Corporation constituted under the NSW Self Insurance
Corporation Act 2004,
(c) monitoring the performance of the schemes for which it provides services.
Clause 11 requires ICNSW to prepare an annual statement of business intent and submit that
statement to the Minister and the Treasurer.
Clause 12 provides for ICNSW to determine investment strategies for the investment of various
insurance and compensation scheme funds.
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State Insurance and Care Governance Bill 2015 [NSW]
Explanatory note
Clause 13 enables ICNSW to delegate any of its functions to certain authorised persons or bodies
(including the chief executive and members of staff of ICNSW) and enables those functions to be
sub-delegated.
Division 3 Staff of ICNSW
Clause 14 authorises ICNSW to employ its own staff.
Clause 15 enables ICNSW to fix the salary, wages and conditions of employment of its staff in
so far as they are not fixed by or under any other law (which includes an industrial instrument).
Clause 16 provides for the employment of certain members of staff of ICNSW as senior
executives.
Part 3 State Insurance Regulatory Authority
Division 1 Constitution and management of SIRA
Clause 17 constitutes SIRA as a body corporate and provides that it is a NSW Government
agency.
Clause 18 establishes a Board of SIRA which will consist of the chief executive of SIRA, the
Secretary of the Department of Finance, Services and Innovation or his or her nominee and up to
3 other members appointed by the Minister. The SIRA Board determines the general policies and
strategic direction of SIRA.
Clause 19 provides that the chief executive of SIRA acts for SIRA. The chief executive will be
an employee of the Department of Finance, Services and Innovation.
Clause 20 enables the Minister to give directions to SIRA with respect to its functions if the
Minister is satisfied it is necessary to do so in the public interest.
Clause 21 provides that persons may be employed in the Public Service under the Government
Sector Employment Act 2013 to enable SIRA to exercise its functions.
Clause 22 enables the SIRA Board to establish committees to give advice and assistance to the
SIRA Board.
Division 2 Objectives and functions of SIRA
Clause 23 specifies the principal objectives of SIRA in exercising its functions.
Clause 24 provides for the functions of SIRA (which include functions under the workers
compensation and motor accidents legislation and the various other Acts amended by the
proposed Act).
Clause 25 provides for IPART, at the request of the Minister, to conduct an investigation and to
report to the Minister on such matters relating to the operational costs and expenses of SIRA as
are determined by the Minister.
Clause 26 enables SIRA to delegate any of its functions to certain authorised persons or bodies
(including members of staff of SIRA) and enables those functions to be sub-delegated.
Part 4 Miscellaneous
Clause 27 limits personal liability for matters or things done or omitted to be done in good faith
for the purposes of executing the proposed Act or any other Act.
Clause 28 deals with the keeping of the seal of ICNSW and of SIRA and for the recovery of
money due to those bodies.
Clause 29 provides for the making of regulations for the purposes of the proposed Act.
Clause 30 repeals the Safety, Return to Work and Support Board Act 2012.
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State Insurance and Care Governance Bill 2015 [NSW]
Explanatory note
Clause 31 provides for the review of the proposed Act 5 years after the date of assent to the
proposed Act.
Schedule 1 Provisions relating to directors of ICNSW Board
This Schedule contains provisions relating to the directors of the ICNSW Board, including the
fixing of their terms of office and remuneration. A director who is appointed by the Minister may
be removed from office by the Minister.
Schedule 2 Provisions relating to chief executive of ICNSW
This Schedule contains provisions relating to the chief executive of ICNSW who is employed by
the ICNSW Board and who may be removed from office by the Board.
Schedule 3 Provisions relating to members and procedure of
SIRA Board
This Schedule contains standard provisions for the membership and procedure of the SIRA Board.
Schedule 4 Savings, transitional and other provisions
This Schedule provides for the making of savings and transitional regulations consequent on the
enactment of the proposed Act. The Schedule also includes specific provisions consequent on the
enactment of the proposed Act, in particular provisions consequent on the abolition of the
WorkCover Authority and the Motor Accidents Authority that provide for the transfer of the
assets, rights and liabilities of the abolished authorities. The Schedule also provides for the
transfer of certain employees of the Department of Finance, Services and Innovation to ICNSW.
Schedule 5 Amendment of Workers Compensation Act 1987
No 70
The Workers Compensation Act 1987 is amended as follows:
(a) to provide that ICNSW will act for the Workers Compensation Nominal Insurer in place of
the abolished WorkCover Authority,
(b) to confer on SIRA similar regulatory functions under the Act (including the licensing of
insurers) as are presently conferred on the WorkCover Authority,
(c) to enable SIRA to issue Workers Compensation Market Practice and Premiums Guidelines
that will effectively replace the scheme for setting insurance premiums by insurance
premiums orders,
(d) to require licensed insurers to prepare and deliver to SIRA business plans for their workers
compensation insurance business,
(e) to make a number of miscellaneous amendments in relation to the administration of the
workers compensation scheme.
Schedule 6 Amendment of Workplace Injury Management
and Workers Compensation Act 1998 No 86
The Workplace Injury Management and Workers Compensation Act 1998 is amended as follows:
(a) to repeal provisions relating to the constitution of the WorkCover Authority and to make a
number of miscellaneous amendments consequential on the abolition of that Authority,
(b) to confer on SIRA similar functions in relation to the administration of the workers
compensation scheme as are presently conferred on the WorkCover Authority,
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State Insurance and Care Governance Bill 2015 [NSW]
Explanatory note
(c) to establish the Workers Compensation Operational Fund as a continuation of the
WorkCover Authority Fund and to enable the Fund to be applied to meet the costs of SIRA
in administering the workers compensation legislation and the costs of SafeWork NSW,
(d) to ensure that information concerning the business, commercial, professional or financial
affairs of a licensed insurer cannot be disclosed except in limited circumstances.
Schedule 7 Amendment of Motor Accidents Compensation
Act 1999 No 41
The Motor Accidents Compensation Act 1999 is amended as follows:
(a) to repeal provisions relating to the constitution of the Motor Accidents Authority and to
make a number of miscellaneous amendments consequential on the abolition of that
Authority,
(b) to confer on SIRA similar functions in relation to the administration of the motor accidents
compensation scheme as are presently conferred on the Motor Accidents Authority,
(c) to establish the Motor Accidents Operational Fund as a continuation of the Motor Accidents
Authority Fund and to enable the Fund to be applied to meet the costs of SIRA in
administering the motor accidents legislation.
Schedule 8 Amendment of Motor Accidents (Lifetime Care
and Support) Act 2006 No 16
The Motor Accidents (Lifetime Care and Support) Act 2006 is amended as follows:
(a) to provide for the appointment by the Minister of a chief executive of the Lifetime Care and
Support Authority who will act for the Authority,
(b) to enable the Lifetime Care and Support Authority Fund to be applied to meet the
expenditure incurred by or on behalf of a NSW Government agency in providing services
in connection with the scheme provided by the Act for the lifetime care and support of
persons injured in motor accidents,
(c) to enable the Fund to also be applied to meet the expenditure incurred by SIRA in exercising
functions in connection with that scheme,
(d) to provide that SIRA will have the function of determining the amount of the levy to be paid
by third-party policy holders to the Fund.
Schedule 9 Amendment of Sporting Injuries Insurance Act
1978 No 141
The Sporting Injuries Insurance Act 1978 is amended as follows:
(a) to constitute the Sporting Injuries Compensation Authority which will take over the
functions of the WorkCover Authority in administering the Sporting Injuries Fund and the
insurance scheme established in connection with that Fund,
(b) to provide for the appointment by the Minister of a chief executive who will act for the new
Authority,
(c) to enable the Sporting Injuries Fund to be applied to meet the costs incurred by or on behalf
of a NSW Government agency in providing services for or in connection with the insurance
scheme,
(d) to enable the Fund to also be applied to meet the costs incurred by SIRA in exercising
functions in connection with the insurance scheme,
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State Insurance and Care Governance Bill 2015 [NSW]
Explanatory note
(e) to provide that any premium determined by the new Authority in respect of the insurance
scheme established in connection with the Sporting Injuries Fund has no effect unless it is
approved by SIRA,
(f) to provide for the Supplementary Sporting Injuries Fund to be administered by the NSW
Self Insurance Corporation and to authorise the Corporation to invest money not
immediately required for that Fund.
Schedule 10 Amendment of Workers' Compensation (Dust
Diseases) Act 1942 No 14
The Workers' Compensation (Dust Diseases) Act 1942 is amended as follows:
(a) to constitute the Workers Compensation (Dust Diseases) Authority as a statutory
corporation to replace the existing Workers' Compensation (Dust Diseases) Board,
(b) to provide for the appointment by the Minister of a chief executive who will act for the
Authority,
(c) to authorise the Authority to invest money in the Workers' Compensation (Dust Diseases)
Fund that is not immediately required for the Fund,
(d) to enable the Fund to be applied to meet the costs incurred by or on behalf of a NSW
Government agency in providing services for or in connection with the compensation
scheme established under the Act,
(e) to enable the Fund to be applied to meet the costs incurred by SIRA in exercising functions
in connection with that compensation scheme,
(f) to make a number of other amendments in relation to the administration of the
compensation scheme established under the Act, including requiring the Authority to
provide information about the compensation scheme to ICNSW and SIRA,
(g) to reconstitute the medical authority appointed under the Act as the Medical Assessment
Panel,
(h) to remove the Minister's power to appeal against decisions of the Authority and the Panel
under the Act.
Schedule 11 Amendment of Workers Compensation (Bush
Fire, Emergency and Rescue Services) Act 1987
No 83
The Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 is amended as
follows:
(a) to provide for the Self Insurance Corporation to administer the Bush Fire Fighters
Compensation Fund and the Emergency and Rescue Workers Compensation Fund instead
of the WorkCover Authority,
(b) to authorise the Self Insurance Corporation to invest money in those Funds that is not
immediately required to be paid out as compensation under the Act,
(c) to enable money to be paid from those Funds to meet the expenses incurred by a NSW
Government agency for the services it provides in connection with the compensation
schemes established under the Act,
(d) to enable money to be paid from the Bush Fire Fighters Compensation Fund to meet the
expenses incurred by SIRA in exercising functions in connection with that compensation
scheme,
(e) to provide that the Self Insurance Corporation may not assess the amount of any
contribution to be paid into the Bush Fire Fighters Compensation Fund unless the
assessment has been approved by SIRA.
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State Insurance and Care Governance Bill 2015 [NSW]
Explanatory note
Schedule 12 Amendment of NSW Self Insurance Corporation
Act 2004 No 106
The NSW Self Insurance Corporation Act 2004 Act is amended as follows:
(a) to provide for the appointment by the Minister of a chief executive of the Self Insurance
Corporation who will act for the Corporation,
(b) to enable the Self Insurance Fund to be applied to meet the expenditure incurred by or on
behalf of a NSW Government agency in providing services in connection with Government
managed fund schemes (as referred to in the Act),
(c) to enable the Home Building Compensation Fund to be applied to meet the expenditure
incurred by or on behalf of a NSW Government agency in providing services in connection
with the insurance scheme under that Fund and for the costs of SIRA in relation to that
scheme to also be met from that Fund,
(d) to provide that the Self Insurance Corporation may not charge any premium for the
insurance that it provides under the Home Building Compensation Fund unless the
premium is approved by SIRA,
(e) to enable the Construction Risks Insurance Fund to be applied to pay the costs of a NSW
Government agency in providing services for or in connection with the principal arranged
construction insurance business of the Self Insurance Corporation.
Schedule 13 Amendment of Home Building Act 1989 No 147
The Home Building Act 1989 is amended as follows:
(a) to authorise SIRA to issue guidelines with respect to appropriate market practices or claims
handling procedures in connection with the provision of insurance under the Home
Building Compensation Fund by or on behalf of the Self Insurance Corporation,
(b) to abolish the Home Building Compensation Fund Board,
(c) to update references that are required to be construed as references to the Secretary of the
Department of Finance, Services and Innovation as a result of recent administrative changes
relating to Public Service agencies.
Schedule 14 Amendment of Work Health and Safety Act 2011
No 10
The Work Health and Safety Act 2011 is amended generally to confer on SafeWork NSW the
functions presently exercised by the WorkCover Authority as the regulator under the Work Health
and Safety Act 2011 and to make a number of consequential amendments.
Schedule 15 Amendment of other legislation
Schedule 15 amends various legislation generally as a consequence of the constitution of ICNSW
and SIRA and the abolition of the WorkCover Authority and the Motor Accidents Authority and
includes a number of amendments that are consequential on SafeWork NSW taking over the work
health and safety functions of the WorkCover Authority.
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First print
New South Wales
State Insurance and Care Governance
Bill 2015
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Insurance and Care NSW
Division 1 Constitution and management of ICNSW
4 Constitution of Insurance and Care NSW 3
5 Board of directors of ICNSW 3
6 Role of ICNSW Board 3
7 Power of Minister to give directions in public interest 3
8 Chief executive of ICNSW 4
9 Committees of ICNSW Board 4
Division 2 Functions of ICNSW
10 Functions of ICNSW 4
11 ICNSW to prepare annual statement of business intent 5
12 Investment strategies for scheme funds 5
13 Delegation of ICNSW's functions 6
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State Insurance and Care Governance Bill 2015 [NSW]
Contents
Page
Division 3 Staff of ICNSW
14 Employment of staff 6
15 Salary, conditions etc of staff 6
16 ICNSW senior executives 6
Part 3 State Insurance Regulatory Authority
Division 1 Constitution and management of SIRA
17 Constitution of State Insurance Regulatory Authority 8
18 SIRA Board 8
19 Chief executive of SIRA 8
20 Ministerial directions 8
21 Staff of SIRA 9
22 Committees of SIRA Board 9
Division 2 Objectives and functions of SIRA
23 Principal objectives of SIRA 9
24 Functions of SIRA 9
25 Investigation and report by IPART 10
26 Delegation 10
Part 4 Miscellaneous
27 Exclusion of personal liability 11
28 Seal of authorities and recovery of money by authorities 11
29 Regulations 11
30 Repeal of Safety, Return to Work and Support Board Act 2012 11
31 Review of Act 11
Schedule 1 Provisions relating to directors of ICNSW Board 13
Schedule 2 Provisions relating to chief executive of ICNSW 16
Schedule 3 Provisions relating to members and procedure of
SIRA Board 18
Schedule 4 Savings, transitional and other provisions 22
Schedule 5 Amendment of Workers Compensation Act 1987
No 70 27
Schedule 6 Amendment of Workplace Injury Management and
Workers Compensation Act 1998 No 86 35
Schedule 7 Amendment of Motor Accidents Compensation Act
1999 No 41 41
Schedule 8 Amendment of Motor Accidents (Lifetime Care and
Support) Act 2006 No 16 44
Schedule 9 Amendment of Sporting Injuries Insurance Act 1978
No 141 47
Schedule 10 Amendment of Workers' Compensation (Dust
Diseases) Act 1942 No 14 52
Schedule 11 Amendment of Workers Compensation (Bush Fire,
Emergency and Rescue Services) Act 1987 No 83 57
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State Insurance and Care Governance Bill 2015 [NSW]
Contents
Page
Schedule 12 Amendment of NSW Self Insurance Corporation Act
2004 No 106 59
Schedule 13 Amendment of Home Building Act 1989 No 147 63
Schedule 14 Amendment of Work Health and Safety Act 2011
No 10 65
Schedule 15 Amendment of other legislation 67
Page 3
New South Wales
State Insurance and Care Governance
Bill 2015
No , 2015
A Bill for
An Act relating to the governance of State insurance and care schemes; to constitute Insurance and
Care NSW and the State Insurance Regulatory Authority; and for other purposes.
State Insurance and Care Governance Bill 2015 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the State Insurance and Care Governance Act 2015. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
function includes a power, authority or duty, and exercise a function includes 9
perform a duty. 10
ICNSW Board means the board of directors of Insurance and Care NSW. 11
Insurance and Care NSW (or ICNSW) means Insurance and Care NSW constituted 12
under this Act. 13
Nominal Insurer means the Workers Compensation Nominal Insurer established 14
under section 154A of the Workers Compensation Act 1987. 15
SIRA Board means the Board of the State Insurance Regulatory Authority. 16
State Insurance Regulatory Authority (or SIRA) means the State Insurance 17
Regulatory Authority constituted under this Act. 18
workers compensation and motor accidents legislation means any of the following 19
Acts and the instruments under those Acts: 20
(a) Workplace Injury Management and Workers Compensation Act 1998, 21
(b) Workers Compensation Act 1987, 22
(c) Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 23
1987, 24
(d) Motor Accidents Compensation Act 1999, 25
(e) Motor Accidents Act 1988. 26
(2) Notes included in this Act do not form part of this Act. 27
Page 2
State Insurance and Care Governance Bill 2015 [NSW]
Part 2 Insurance and Care NSW
Part 2 Insurance and Care NSW 1
Division 1 Constitution and management of ICNSW 2
4 Constitution of Insurance and Care NSW 3
(1) There is constituted by this Act a body corporate with the corporate name of 4
Insurance and Care NSW. 5
(2) ICNSW is, for the purposes of any Act, a NSW Government agency. 6
Note. See section 13A of the Interpretation Act 1987. 7
5 Board of directors of ICNSW 8
(1) There is to be a board of directors of Insurance and Care NSW. 9
(2) The ICNSW Board is to consist of the following directors: 10
(a) the chief executive of ICNSW, 11
(b) up to 8 other directors appointed by the Minister (the appointed directors). 12
Note. Schedule 1 contains provisions relating to the board of directors of ICNSW. 13
(3) The appointed directors are to be persons who, in the opinion of the Minister, 14
together have skills and experience relevant to the administration of State insurance 15
and care schemes and that will assist ICNSW in exercising its functions. 16
(4) A person who is an appointed member of the SIRA Board is ineligible to be 17
appointed as a director of the ICNSW Board. 18
(5) In exercising his or her functions as a director of the ICNSW Board, the director is 19
to exercise the degree of care and diligence that a reasonable person in a like position 20
would exercise in the circumstances. 21
6 Role of ICNSW Board 22
(1) All decisions relating to the functions of ICNSW are to be made by or under the 23
authority of the ICNSW Board. 24
(2) Any act, matter or thing done in the name of, or on behalf of, ICNSW by or under the 25
authority of the ICNSW Board is taken to have been done by ICNSW. 26
(3) The ICNSW Board has the following functions: 27
(a) to give the Minister any information relating to the activities of ICNSW that 28
the Minister requests, 29
(b) to keep the Minister informed of the general conduct of ICNSW's activities 30
and of any significant development in ICNSW's activities, 31
(c) to determine general policies for ICNSW and to give directions to the chief 32
executive of ICNSW in relation to the ICNSW's activities, 33
(d) such other functions as are conferred or imposed on it by or under this or any 34
other Act or law. 35
7 Power of Minister to give directions in public interest 36
(1) The Minister may give the ICNSW Board a written direction in relation to ICNSW 37
if the Minister is satisfied that it is necessary to do so in the public interest. 38
(2) The ICNSW Board must ensure that the direction is complied with. 39
(3) Before giving a direction under this section, the Minister must: 40
(a) consult with the ICNSW Board, and 41
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State Insurance and Care Governance Bill 2015 [NSW]
Part 2 Insurance and Care NSW
(b) request the Board to advise the Minister whether, in its opinion, complying 1
with the direction would not be in the best interests of ICNSW. 2
(4) The Minister is required to cause a notice to be published in the Gazette setting out 3
the reasons why a direction was given under this section and why it is in the public 4
interest that the direction was given. Any such notice is to be published in the Gazette 5
within 1 month after the direction is given. 6
8 Chief executive of ICNSW 7
(1) The ICNSW Board is, in consultation with the Minister, to employ a person as the 8
chief executive of ICNSW. 9
Note. Schedule 2 contains provisions relating to the chief executive of ICNSW. 10
(2) The chief executive of ICNSW is responsible for day to day management of the 11
activities of ICNSW in accordance with the general policies and specific directions 12
of the ICNSW Board. 13
9 Committees of ICNSW Board 14
(1) As soon as practicable after the commencement of this section, the ICNSW Board is 15
to establish an expert committee to advise it on matters arising under the Workers' 16
Compensation (Dust Diseases) Act 1942. The expert committee is to operate for such 17
period as the ICNSW Board considers appropriate. 18
(2) The ICNSW Board may establish other committees to give advice and assistance to 19
the ICNSW Board in connection with any particular matter or function of the 20
ICNSW Board. 21
(3) A committee of the ICNSW Board must be chaired by a director of the ICNSW 22
Board. It does not matter that some or all of the other members of the committee are 23
not directors of the ICNSW Board. 24
(4) The procedure for the calling of meetings of a committee of the ICNSW Board and 25
for the conduct of business at those meetings is to be as determined by the ICNSW 26
Board or (subject to any determination of the ICNSW Board) by the committee. 27
Division 2 Functions of ICNSW 28
10 Functions of ICNSW 29
(1) ICNSW has the following functions: 30
(a) to act for the Nominal Insurer in accordance with section 154C of the Workers 31
Compensation Act 1987, 32
(b) to provide services (including staff and facilities) for any relevant authority, or 33
for any other person or body, in relation to any insurance or compensation 34
scheme administered or provided by the relevant authority or that other person 35
or body, 36
(c) to enter into agreements or arrangements with any person or body for the 37
purposes of providing services of any kind or for the purposes of exercising 38
the functions of the Nominal Insurer, 39
(d) to monitor the performance of the insurance or compensation schemes in 40
respect of which it provides services, 41
(e) such other functions as are conferred or imposed on it by or under this or any 42
other Act. 43
Note. These other functions include annual reporting requirements under the Annual 44
Reports (Statutory Bodies) Act 1984. 45
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State Insurance and Care Governance Bill 2015 [NSW]
Part 2 Insurance and Care NSW
(2) Each of the following is a relevant authority for the purposes of this section: 1
(a) the Workers Compensation (Dust Diseases) Authority constituted under the 2
Workers' Compensation (Dust Diseases) Act 1942, 3
(b) the Lifetime Care and Support Authority of New South Wales constituted 4
under the Motor Accidents (Lifetime Care and Support) Act 2006, 5
(c) the Sporting Injuries Compensation Authority constituted under the Sporting 6
Injuries Insurance Act 1978, 7
(d) the NSW Self Insurance Corporation constituted under the NSW Self 8
Insurance Corporation Act 2004. 9
11 ICNSW to prepare annual statement of business intent 10
(1) ICNSW is to prepare a statement of business intent and submit the statement to the 11
Minister and the Treasurer not later than 3 months after the commencement of each 12
financial year of ICNSW. 13
(2) A statement of business intent is to set out the business plan of ICNSW over the 14
financial year to which the statement relates and is to include the following: 15
(a) the objectives of ICNSW and its main undertakings, 16
(b) the nature and scope of the activities to be undertaken, 17
(c) the accounting policies to be applied in the financial reports of ICNSW, 18
(d) the performance targets and other measures by which the performance of 19
ICNSW may be judged in relation to its stated objectives, 20
(e) any other matter required by the Minister. 21
(3) If the Minister or the Treasurer is not satisfied with a statement submitted under this 22
section, the Minister may direct ICNSW to amend and resubmit the statement in the 23
manner and time specified. 24
12 Investment strategies for scheme funds 25
(1) ICNSW is to determine investment strategies for the investment of any scheme fund. 26
(2) ICNSW is to report to the Minister at least once in every period of 6 months on the 27
investment performance of each scheme fund. 28
(3) ICNSW may enter into agreements or arrangements to determine investment 29
strategies for the investment of any other insurance or compensation fund. 30
(4) Each of the following is a scheme fund for the purposes of this section: 31
(a) the Workers Compensation Insurance Fund established under section 154D of 32
the Workers Compensation Act 1987, 33
(b) the Workers' Compensation (Dust Diseases) Fund constituted under the 34
Workers' Compensation (Dust Diseases) Act 1942, 35
(c) the Bush Fire Fighters Compensation Fund established under section 19 of the 36
Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 37
1987, 38
(d) the Emergency and Rescue Workers Compensation Fund established under 39
section 31 of the Workers Compensation (Bush Fire, Emergency and Rescue 40
Services) Act 1987, 41
(e) the Lifetime Care and Support Authority Fund established under section 48 of 42
the Motor Accidents (Lifetime Care and Support) Act 2006, 43
(f) the Sporting Injuries Fund established under section 11 of the Sporting 44
Injuries Insurance Act 1978, 45
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State Insurance and Care Governance Bill 2015 [NSW]
Part 2 Insurance and Care NSW
(g) the Supplementary Sporting Injuries Fund established under section 11A of 1
the Sporting Injuries Insurance Act 1978. 2
13 Delegation of ICNSW's functions 3
(1) ICNSW may delegate to an authorised person any of its functions, other than this 4
power of delegation. 5
(2) A delegate may sub-delegate to an authorised person any function delegated by 6
ICNSW if the delegate is authorised in writing to do so by ICNSW. 7
(3) In this section: 8
authorised person means any of the following: 9
(a) the chief executive of ICNSW, 10
(b) a director of the ICNSW Board, 11
(c) a member of staff of ICNSW, 12
(d) a member of a committee of the ICNSW Board, 13
(e) a person or body prescribed by the regulations. 14
Division 3 Staff of ICNSW 15
14 Employment of staff 16
ICNSW is authorised to employ such staff as it requires to exercise its functions. The 17
provisions of the Government Sector Employment Act 2013 relating to the 18
employment of Public Service employees do not apply to the staff employed by 19
ICNSW. 20
15 Salary, conditions etc of staff 21
(1) ICNSW may fix the salary, wages and conditions of employment of staff employed 22
under this Division in so far as they are not fixed by or under any other law. 23
(2) ICNSW may enter into an agreement with any association or organisation 24
representing a group or class of members of staff of ICNSW with respect to the 25
conditions of employment (including salaries, wages or remuneration) of that group 26
or class in so far as they are not fixed by or under any other law. 27
16 ICNSW senior executives 28
(1) In this section: 29
executive position means a position as a member of staff of ICNSW that: 30
(a) has a remuneration level greater than that for a clerk (grade 12) in the Public 31
Service with general administrative duties, and 32
(b) is designated by ICNSW as an executive position. 33
senior executive means a member of staff of ICNSW holding an executive position. 34
(2) A senior executive is to be employed under a written contract of employment signed 35
by the senior executive and the chief executive of ICNSW on behalf of ICNSW. 36
(3) ICNSW may terminate the employment of a senior executive at any time, for any or 37
no stated reason and without notice. 38
(4) A senior executive whose employment is so terminated is entitled to any 39
compensation provided in the contract of employment of the executive (and to no 40
other compensation or entitlement for the termination of employment). 41
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State Insurance and Care Governance Bill 2015 [NSW]
Part 2 Insurance and Care NSW
(5) The employment of a senior executive, or any matter, question or dispute relating to 1
any such employment, is not an industrial matter for the purposes of the Industrial 2
Relations Act 1996. 3
(6) Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not apply to or 4
in respect of the employment of a senior executive. 5
(7) Any State industrial instrument (whether made before or after the commencement of 6
this section) does not have effect in so far as it relates to the employment of senior 7
executives. This subsection does not prevent the provisions of any such industrial 8
agreement being adopted by reference in the conditions of employment of a senior 9
executive. 10
(8) No proceedings for an order in the nature of prohibition, certiorari or mandamus or 11
for a declaration or injunction or for any other relief, lie in respect of a matter that is 12
declared by this section not to be an industrial matter for the purposes of the 13
Industrial Relations Act 1996. 14
(9) In subsections (5)-(8), a reference to the employment of a senior executive is a 15
reference to: 16
(a) the appointment of, or failure to appoint, a person as such an executive, or 17
(b) the removal, retirement, termination of employment or other cessation of 18
office of a senior executive, or 19
(c) any disciplinary proceedings or disciplinary action taken against a senior 20
executive, or 21
(d) the remuneration or other conditions of employment of a senior executive. 22
Page 7
State Insurance and Care Governance Bill 2015 [NSW]
Part 3 State Insurance Regulatory Authority
Part 3 State Insurance Regulatory Authority 1
Division 1 Constitution and management of SIRA 2
17 Constitution of State Insurance Regulatory Authority 3
(1) There is constituted by this Act a body corporate with the corporate name of the State 4
Insurance Regulatory Authority. 5
(2) SIRA is, for the purposes of any Act, a NSW Government agency. 6
Note. See section 13A of the Interpretation Act 1987. 7
18 SIRA Board 8
(1) There is to be a Board of the State Insurance and Regulatory Authority. 9
(2) The SIRA Board is to consist of the following members: 10
(a) the chief executive of SIRA, 11
(b) the Secretary of the Department of Finance, Services and Innovation or a 12
person nominated by the Secretary, 13
(c) up to 3 other members appointed by the Minister (the appointed members). 14
Note. Schedule 3 contains provisions relating to the members and procedure of the SIRA 15
Board. 16
(3) The appointed members are to be persons who, in the opinion of the Minister, have 17
skills and experience relevant to matters arising under the workers compensation and 18
motor accidents legislation and that will assist SIRA in attaining its objectives. 19
(4) A person who is an appointed director of the ICNSW Board is ineligible to be 20
appointed as a member of the SIRA Board. 21
(5) The SIRA Board has the following functions: 22
(a) to determine the general policies and strategic direction of SIRA, 23
(b) to oversee the performance of the activities of SIRA, 24
(c) to give the Minister any information relating to the activities of SIRA that the 25
Minister requests, 26
(d) to keep the Minister informed of the general conduct of SIRA's activities and 27
of any significant development in SIRA's activities, 28
(e) such other functions as are conferred or imposed on it by or under this or any 29
other Act or law. 30
19 Chief executive of SIRA 31
(1) The chief executive of SIRA is the person employed in the Department of Finance, 32
Services and Innovation as the chief executive of SIRA. 33
(2) The affairs of SIRA are to be managed and controlled by the chief executive in 34
accordance with the general policies and strategic direction determined by the SIRA 35
Board. 36
(3) Any act, matter or thing done in the name of, or on behalf of, SIRA by the chief 37
executive is taken to have been done by SIRA. 38
20 Ministerial directions 39
(1) The Minister may give SIRA a written direction with respect to the functions of 40
SIRA if the Minister is satisfied that it is necessary to do so in the public interest. 41
(2) SIRA must ensure that the direction is complied with. 42
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State Insurance and Care Governance Bill 2015 [NSW]
Part 3 State Insurance Regulatory Authority
(3) SIRA must include in its annual report particulars of each direction given under this 1
section during the year to which the report relates. 2
(4) Except as provided by this section, SIRA is not, in the exercise of its functions, 3
subject to the control and direction of the Minister. 4
21 Staff of SIRA 5
Persons may be employed in the Public Service under the Government Sector 6
Employment Act 2013 to enable SIRA to exercise its functions. 7
Note. Section 59 of the Government Sector Employment Act 2013 provides that the persons 8
so employed (or whose services SIRA makes use of) may be referred to as members of staff 9
of SIRA. Section 47A of the Constitution Act 1902 precludes SIRA from employing staff. 10
22 Committees of SIRA Board 11
(1) The SIRA Board may establish committees to give advice and assistance to the SIRA 12
Board in connection with any particular matter or function of the SIRA Board. 13
(2) A committee of the SIRA Board must be chaired by a member of the SIRA Board. It 14
does not matter that some or all of the other members of a committee are not 15
members of the SIRA Board. 16
(3) The procedure for the calling of meetings of a committee of the SIRA Board and for 17
the conduct of business at those meetings is to be as determined by the SIRA Board 18
or (subject to any determination of the SIRA Board) by the committee. 19
Division 2 Objectives and functions of SIRA 20
23 Principal objectives of SIRA 21
The principal objectives of SIRA in exercising its functions are as follows: 22
(a) to promote the efficiency and viability of the insurance and compensation 23
schemes established under the workers compensation and motor accidents 24
legislation and the other Acts under which SIRA exercises functions, 25
(b) to minimise the cost to the community of workplace injuries and injuries 26
arising from motor accidents and to minimise the risks associated with such 27
injuries, 28
(c) to promote workplace injury prevention, effective injury management and 29
return to work measures and programs, 30
(d) to ensure that persons injured in the workplace or in motor accidents have 31
access to treatment that will assist with their recovery, 32
(e) to provide for the effective supervision of claims handling and disputes under 33
the workers compensation and motor accidents legislation, 34
(f) to promote compliance with the workers compensation and motor accidents 35
legislation. 36
24 Functions of SIRA 37
(1) SIRA has such functions as are conferred or imposed on it by or under this or any 38
other Act (including under the workers compensation and motor accidents 39
legislation). 40
(2) The functions of SIRA also include the following: 41
(a) to collect and analyse information on prudential matters in relation to insurers 42
under the workers compensation and motor accidents legislation, 43
(b) to encourage and promote the carrying out of sound prudential practices by 44
insurers under that legislation, 45
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State Insurance and Care Governance Bill 2015 [NSW]
Part 3 State Insurance Regulatory Authority
(c) to evaluate the effectiveness and carrying out of those practices. 1
25 Investigation and report by IPART 2
(1) The Independent Pricing and Regulatory Tribunal (IPART) may, at the request of the 3
Minister, conduct an investigation and report to the Minister on such matters relating 4
to the operational costs and expenses of SIRA as are determined by the Minister. 5
(2) Except as provided by the regulations, Division 7 of Part 3 of the Independent 6
Pricing and Regulatory Tribunal Act 1992 applies to an investigation and report by 7
IPART under this section in the same way as it applies to an investigation or report 8
under that Part. 9
26 Delegation 10
(1) SIRA may delegate to an authorised person any of its functions, other than this power 11
of delegation. 12
(2) The chief executive of SIRA may delegate to an authorised person any of the chief 13
executive's functions under this Act, other than this power of delegation. 14
(3) A delegate may sub-delegate to an authorised person any function delegated by SIRA 15
or the chief executive if the delegate is authorised in writing to do so by SIRA or the 16
chief executive. 17
(4) In this section: 18
authorised person means any of the following: 19
(a) a member of staff of SIRA, 20
(b) a member of the SIRA Board or a committee of the SIRA Board, 21
(c) a person or body prescribed by the regulations. 22
Page 10
State Insurance and Care Governance Bill 2015 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous 1
27 Exclusion of personal liability 2
(1) A matter or thing done or omitted to be done by: 3
(a) ICNSW or SIRA, or 4
(b) the ICNSW Board or the SIRA Board (or a committee of such a board), or 5
(c) a director of the ICNSW Board or a member of the SIRA Board, or 6
(d) the chief executive of ICNSW or SIRA, or 7
(e) a member of staff of ICNSW or SIRA, or 8
(f) a person acting under the direction of ICNSW, SIRA, the ICNSW Board, the 9
SIRA Board, a director or member, or a committee, of any such board or the 10
chief executive of ICNSW or SIRA, 11
does not, if the matter or thing was done or omitted to be done in good faith for the 12
purposes of executing this Act or any other Act, subject any director or member of 13
the board or committee concerned, the chief executive, the member of staff or the 14
person so acting personally to any action, liability, claim or demand. 15
(2) A reference in subsection (1) to the execution of this Act includes a reference to the 16
execution of the provisions of any other Act that confers or imposes functions on 17
ICNSW or SIRA. 18
28 Seal of authorities and recovery of money by authorities 19
(1) The seal of an authority is to be kept by the chief executive of the authority and may 20
be affixed to a document only: 21
(a) in the presence of the chief executive of the authority or a member of staff of 22
the authority who is authorised for the purpose by the chief executive of the 23
authority, and 24
(b) with an attestation by the signature of the chief executive or that member of 25
staff of the fact of the affixing of the seal. 26
(2) Any charge, fee or money due to an authority, or to the Crown in respect of the 27
activities of the authority, may be recovered by the authority as a debt in a court of 28
competent jurisdiction if no express provision is otherwise made for its recovery. 29
(3) In this section, authority means ICNSW or SIRA. 30
29 Regulations 31
The Governor may make regulations, not inconsistent with this Act, for or with 32
respect to any matter that by this Act is required or permitted to be prescribed or that 33
is necessary or convenient to be prescribed for carrying out or giving effect to this 34
Act. 35
30 Repeal of Safety, Return to Work and Support Board Act 2012 36
The Safety, Return to Work and Support Board Act 2012 is repealed. 37
31 Review of Act 38
(1) The Minister is to review this Act to determine whether the policy objectives of the 39
Act remain valid and whether the terms of the Act remain appropriate for securing 40
those objectives. 41
(2) The review is to be undertaken as soon as possible after the period of 5 years from 42
the date of assent to this Act. 43
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State Insurance and Care Governance Bill 2015 [NSW]
Part 4 Miscellaneous
(3) A report on the outcome of the review is to be tabled in each House of Parliament 1
within 12 months after the end of the period of 5 years. 2
Page 12
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 1 Provisions relating to directors of ICNSW Board
Schedule 1 Provisions relating to directors of ICNSW Board 1
(Section 5) 2
1 Definitions 3
In this Schedule: 4
appointed director means a director of the board who is appointed by the Minister. 5
board means the ICNSW Board. 6
director means any director of the board. 7
2 Chairperson and deputy chairperson 8
(1) Of the appointed directors, 2 are (in and by their respective instruments of 9
appointment or in and by other instruments executed by the Minister) to be appointed 10
as chairperson and deputy chairperson of the board, respectively. 11
(2) A person may only be appointed as chairperson of the board if the Minister is 12
satisfied that the person has skills and experience relevant to the functions of 13
ICNSW. 14
(3) The Minister may at any time remove an appointed director from the office of 15
chairperson or deputy chairperson of the board. 16
(4) A person holding the office of chairperson or deputy chairperson of the board vacates 17
that office if the person: 18
(a) is removed from that office by the Minister, or 19
(b) resigns that office by instrument in writing addressed to the Minister, or 20
(c) ceases to be a director. 21
3 Term of office of appointed directors 22
Subject to this Schedule, an appointed director holds office for such period (not 23
exceeding 3 years) as is specified in the director's instrument of appointment, but is 24
eligible (if otherwise qualified) for re-appointment. 25
4 Remuneration 26
An appointed director is entitled to be paid such remuneration (including travelling 27
and subsistence allowances) as the Minister may from time to time determine in 28
respect of the director. 29
5 Vacancy in office of appointed director 30
(1) The office of an appointed director becomes vacant if the director: 31
(a) dies, or 32
(b) completes a term of office and is not re-appointed, or 33
(c) resigns the office by instrument in writing addressed to the Minister, or 34
(d) is removed from office by the Minister under this clause or Part 6 of the 35
Government Sector Employment Act 2013, or 36
(e) is absent from 4 consecutive meetings of the board of which reasonable notice 37
has been given to the director personally or in the ordinary course of post, 38
except on leave granted by the board or unless, before the expiration of 39
4 weeks after the last of those meetings, the director is excused by the board 40
for having been absent from those meetings, or 41
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State Insurance and Care Governance Bill 2015 [NSW]
Schedule 1 Provisions relating to directors of ICNSW Board
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 1
bankrupt or insolvent debtors, compounds with his or her creditors or makes 2
an assignment of his or her remuneration for their benefit, or 3
(g) becomes a mentally incapacitated person, or 4
(h) is convicted in New South Wales of an offence that is punishable by 5
imprisonment for 12 months or more or is convicted elsewhere than in New 6
South Wales of an offence that, if committed in New South Wales, would be 7
an offence so punishable. 8
(2) The Minister may at any time remove an appointed director from office. 9
(3) If the office of an appointed director becomes vacant, a person is, subject to this Act, 10
to be appointed to fill the vacancy. 11
6 Disclosure of pecuniary interests 12
(1) If: 13
(a) a director has a direct or indirect pecuniary interest in a matter being 14
considered or about to be considered at a meeting of the board, and 15
(b) the interest appears to raise a conflict with the proper performance of the 16
director's duties in relation to the consideration of the matter, 17
the director must, as soon as possible after the relevant facts have come to the 18
director's knowledge, disclose the nature of the interest at a meeting of the board. 19
(2) A disclosure by a director at a meeting of the board that the director: 20
(a) is a member or director, or is in the employment, of a specified company or 21
other body, or 22
(b) is a partner, or is in the employment, of a specified person, or 23
(c) has some other specified interest relating to a specified company or other body 24
or to a specified person, 25
is a sufficient disclosure of the nature of the interest in any matter relating to that 26
company or other body or to that person which may arise after the date of the 27
disclosure and which is required to be disclosed under subclause (1). 28
(3) Particulars of any disclosure made under this clause must be recorded by the board 29
in a book kept for the purpose and that book must be open at all reasonable hours to 30
inspection by any person on payment of the fee determined by the board. 31
(4) After a director has disclosed the nature of an interest in any matter, the director must 32
not, unless the Minister or the board otherwise determines: 33
(a) be present during any deliberation of the board with respect to the matter, or 34
(b) take part in any decision of the board with respect to the matter. 35
(5) For the purposes of the making of a determination by the board under subclause (4), 36
a director who has a direct or indirect pecuniary interest in a matter to which the 37
disclosure relates must not: 38
(a) be present during any deliberation of the board for the purpose of making the 39
determination, or 40
(b) take part in the making by the board of the determination. 41
(6) A contravention of this clause does not invalidate any decision of the board. 42
(7) This clause applies to a member of a committee of the board and to the committee in 43
the same way as it applies to a director of the board and to the board. 44
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State Insurance and Care Governance Bill 2015 [NSW]
Schedule 1 Provisions relating to directors of ICNSW Board
7 Effect of certain other Acts 1
(1) The provisions of the Government Sector Employment Act 2013 relating to the 2
employment of Public Service employees do not apply to an appointed director. 3
(2) If by or under any Act provision is made: 4
(a) requiring a person who is the holder of a specified office to devote the whole 5
of his or her time to the duties of that office, or 6
(b) prohibiting the person from engaging in employment outside the duties of that 7
office, 8
the provision does not operate to disqualify the person from holding that office and 9
also the office of an appointed director or from accepting and retaining any 10
remuneration payable to the person under this Act as such a director. 11
8 General procedure 12
The procedure for the calling of meetings of the board and for the conduct of business 13
at those meetings is to be as determined by the board. 14
Page 15
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 2 Provisions relating to chief executive of ICNSW
Schedule 2 Provisions relating to chief executive of ICNSW 1
(Section 8) 2
1 Term of office 3
Subject to this Schedule, the chief executive of ICNSW may be employed for such 4
period (not exceeding 5 years) as may be specified in the chief executive's contract 5
of employment. 6
2 Conditions of employment and remuneration 7
(1) The ICNSW Board is to fix the conditions of employment of the chief executive of 8
ICNSW. 9
(2) The chief executive of ICNSW is entitled to be paid such remuneration (including 10
travelling and subsistence allowances) as the ICNSW Board may determine. 11
(3) The chief executive of ICNSW is required to enter into a performance agreement 12
with the ICNSW Board. 13
3 Vacancy in office of chief executive 14
(1) The office of chief executive of ICNSW becomes vacant if the holder of that office: 15
(a) dies, or 16
(b) completes a term of office and is not re-appointed, or 17
(c) resigns the office by instrument in writing addressed to the ICNSW Board, or 18
(d) is removed from office under clause 4, or 19
(e) becomes bankrupt, applies to take the benefit of any law for the relief of 20
bankrupt or insolvent debtors, compounds with his or her creditors or makes 21
an assignment of his or her remuneration for their benefit, or 22
(f) becomes a mentally incapacitated person, or 23
(g) is convicted in New South Wales of an offence that is punishable by 24
imprisonment for 12 months or more or is convicted elsewhere than in New 25
South Wales of an offence that, if committed in New South Wales, would be 26
an offence so punishable. 27
(2) If the office of chief executive of ICNSW becomes vacant, a person is, subject to this 28
Act, to be appointed to fill the vacancy. 29
4 Removal from office 30
The ICNSW Board may remove the chief executive of ICNSW from office at any 31
time for any or no stated reason and without notice. 32
5 Acting chief executive 33
(1) The ICNSW Board may appoint a person to act in the office of chief executive of 34
ICNSW during the illness or absence of the chief executive or during a vacancy in 35
the office of chief executive of ICNSW. The person, while so acting, has all the 36
functions of the chief executive of ICNSW and is taken to be the chief executive of 37
ICNSW. 38
(2) The ICNSW Board may remove a person from any office to which the person was 39
appointed under this clause at any time for any or no stated reason and without notice. 40
(3) A person while acting in the office of chief executive of ICNSW is entitled to be paid 41
such remuneration (including travelling and subsistence allowances) as the ICNSW 42
Board may determine in respect of the person. 43
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State Insurance and Care Governance Bill 2015 [NSW]
Schedule 2 Provisions relating to chief executive of ICNSW
6 Status of chief executive of ICNSW 1
(1) The office of chief executive of ICNSW is a statutory office and the provisions of the 2
Government Sector Employment Act 2013 relating to the employment of Public 3
Service employees do not apply to the chief executive of ICNSW. 4
(2) The chief executive of ICNSW is, for the purposes of section 73 of that Act, taken to 5
be the holder of a position in a government sector agency. 6
Page 17
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 3 Provisions relating to members and procedure of SIRA Board
Schedule 3 Provisions relating to members and procedure of 1
SIRA Board 2
(Section 18) 3
1 Definitions 4
In this Schedule: 5
appointed member means a member of the board who is appointed by the Minister. 6
board means the SIRA Board. 7
member means any member of the board. 8
2 Chairperson and deputy chairperson 9
(1) Of the appointed members, 2 are (in and by their respective instruments of 10
appointment or in and by other instruments executed by the Minister) to be appointed 11
as chairperson and deputy chairperson of the board, respectively. 12
(2) A person may only be appointed as chairperson of the board if the Minister is 13
satisfied that the person has skills and experience relevant to the functions of SIRA. 14
(3) The Minister may at any time remove an appointed member from the office of 15
chairperson or deputy chairperson of the board. 16
(4) A person holding the office of chairperson or deputy chairperson of the board vacates 17
that office if the person: 18
(a) is removed from that office by the Minister, or 19
(b) resigns that office by instrument in writing addressed to the Minister, or 20
(c) ceases to be a member. 21
3 Term of office of appointed members 22
Subject to this Schedule, an appointed member holds office for such period (not 23
exceeding 3 years) as is specified in the member's instrument of appointment, but is 24
eligible (if otherwise qualified) for re-appointment. 25
4 Remuneration 26
An appointed member is entitled to be paid such remuneration (including travelling 27
and subsistence allowances) as the Minister may from time to time determine in 28
respect of the member. 29
5 Vacancy in office of appointed member 30
(1) The office of an appointed member becomes vacant if the member: 31
(a) dies, or 32
(b) completes a term of office and is not re-appointed, or 33
(c) resigns the office by instrument in writing addressed to the Minister, or 34
(d) is removed from office by the Minister under this clause or Part 6 of the 35
Government Sector Employment Act 2013, or 36
(e) is absent from 4 consecutive meetings of the board of which reasonable notice 37
has been given to the member personally or in the ordinary course of post, 38
except on leave granted by the board or unless, before the expiration of 39
4 weeks after the last of those meetings, the member is excused by the board 40
for having been absent from those meetings, or 41
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State Insurance and Care Governance Bill 2015 [NSW]
Schedule 3 Provisions relating to members and procedure of SIRA Board
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 1
bankrupt or insolvent debtors, compounds with his or her creditors or makes 2
an assignment of his or her remuneration for their benefit, or 3
(g) becomes a mentally incapacitated person, or 4
(h) is convicted in New South Wales of an offence that is punishable by 5
imprisonment for 12 months or more or is convicted elsewhere than in New 6
South Wales of an offence that, if committed in New South Wales, would be 7
an offence so punishable. 8
(2) The Minister may at any time remove an appointed member from office. 9
(3) If the office of an appointed member becomes vacant, a person is, subject to this Act, 10
to be appointed to fill the vacancy. 11
6 Disclosure of pecuniary interests 12
(1) If: 13
(a) a member has a direct or indirect pecuniary interest in a matter being 14
considered or about to be considered at a meeting of the board, and 15
(b) the interest appears to raise a conflict with the proper performance of the 16
member's duties in relation to the consideration of the matter, 17
the member must, as soon as possible after the relevant facts have come to the 18
member's knowledge, disclose the nature of the interest at a meeting of the board. 19
(2) A disclosure by a member at a meeting of the board that the member: 20
(a) is a member, or is in the employment, of a specified company or other body, or 21
(b) is a partner, or is in the employment, of a specified person, or 22
(c) has some other specified interest relating to a specified company or other body 23
or to a specified person, 24
is a sufficient disclosure of the nature of the interest in any matter relating to that 25
company or other body or to that person which may arise after the date of the 26
disclosure and which is required to be disclosed under subclause (1). 27
(3) Particulars of any disclosure made under this clause must be recorded by the board 28
in a book kept for the purpose and that book must be open at all reasonable hours to 29
inspection by any person on payment of the fee determined by the board. 30
(4) After a member has disclosed the nature of an interest in any matter, the member 31
must not, unless the Minister or the board otherwise determines: 32
(a) be present during any deliberation of the board with respect to the matter, or 33
(b) take part in any decision of the board with respect to the matter. 34
(5) For the purposes of the making of a determination by the board under subclause (4), 35
a member who has a direct or indirect pecuniary interest in a matter to which the 36
disclosure relates must not: 37
(a) be present during any deliberation of the board for the purpose of making the 38
determination, or 39
(b) take part in the making by the board of the determination. 40
(6) A contravention of this clause does not invalidate any decision of the board. 41
(7) This clause applies to a member of a committee of the board and to the committee in 42
the same way as it applies to a member of the board and to the board. 43
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State Insurance and Care Governance Bill 2015 [NSW]
Schedule 3 Provisions relating to members and procedure of SIRA Board
7 Effect of certain other Acts 1
(1) The provisions of the Government Sector Employment Act 2013 relating to the 2
employment of Public Service employees do not apply to an appointed member. 3
(2) If by or under any Act provision is made: 4
(a) requiring a person who is the holder of a specified office to devote the whole 5
of his or her time to the duties of that office, or 6
(b) prohibiting the person from engaging in employment outside the duties of that 7
office, 8
the provision does not operate to disqualify the person from holding that office and 9
also the office of an appointed member or from accepting and retaining any 10
remuneration payable to the person under this Act as such a member. 11
8 General procedure 12
The procedure for the calling of meetings of the board and for the conduct of business 13
at those meetings is, subject to this Act and the regulations, to be as determined by 14
the board. 15
9 Quorum 16
The quorum for a meeting of the board is a majority of its members for the time 17
being. 18
10 Presiding member 19
(1) The chairperson or, in the absence of the chairperson, the deputy chairperson is to 20
preside at a meeting of the board. 21
(2) In the absence of both the chairperson and the deputy chairperson at a meeting of the 22
board, another member chosen by the members present at the meeting is to preside 23
at the meeting. 24
(3) The person presiding at a meeting of the board has a deliberative vote and, in the 25
event of an equality of votes, has a second or casting vote. 26
11 Voting 27
A decision supported by a majority of the votes cast at a meeting of the board at 28
which a quorum is present is the decision of the board. 29
12 Transaction of business outside meetings or by telephone 30
(1) The board may, if it thinks fit, transact any of its business by the circulation of papers 31
among all the members of the board for the time being, and a resolution in writing 32
approved in writing by a majority of those members is taken to be a decision of the 33
board made at a meeting of the board. 34
(2) The board may, if it thinks fit, transact any of its business at a meeting at which 35
members (or some members) participate by telephone or other electronic means, but 36
only if any member who speaks on a matter before the meeting can be heard by the 37
other members. 38
(3) For the purposes of: 39
(a) the approval of a resolution under subclause (1), or 40
(b) a meeting held in accordance with subclause (2), 41
the chairperson and each member have the same voting rights as they have at an 42
ordinary meeting of the board. 43
Page 20
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 3 Provisions relating to members and procedure of SIRA Board
(4) A resolution approved under subclause (1) is to be recorded in the minutes of the 1
meetings of the board. 2
(5) Papers may be circulated among the members for the purposes of subclause (1) by 3
electronic means. 4
Page 21
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 4 Savings, transitional and other provisions
Schedule 4 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
Part 2 Provisions consequent on enactment of this Act 17
Division 1 Abolition of statutory bodies and transfer of assets etc 18
2 Definitions 19
In this Division: 20
assets means any legal or equitable estate or interest (whether present or future, 21
whether vested or contingent and whether personal or assignable) in real or personal 22
property of any description (including money), and includes securities, choses in 23
action and documents. 24
liabilities means any liabilities, debts or obligations (whether present or future, 25
whether vested or contingent and whether personal or assignable). 26
rights means any rights, powers, privileges or immunities (whether present or future, 27
whether vested or contingent and whether personal or assignable). 28
3 Abolition of WorkCover Authority 29
(1) The WorkCover Authority of New South Wales is abolished. 30
(2) On its abolition, the assets, rights and liabilities of the WorkCover Authority are: 31
(a) to the extent they relate to its functions in acting for the Nominal Insurer-- 32
transferred to ICNSW, or 33
(b) to the extent they relate to its functions as the regulator under the Work Health 34
and Safety Act 2011--transferred to SafeWork NSW (as referred to in clause 1 35
of Schedule 2 to the Work Health and Safety Act 2011) on behalf of the Crown, 36
or 37
(c) to the extent they relate to its functions under the Dangerous Goods (Road and 38
Rail Transport) Act 2008, the Explosives Act 2003 or the Rural Workers 39
Accommodation Act 1969--transferred to SafeWork NSW on behalf of the 40
Crown, or 41
Page 22
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 4 Savings, transitional and other provisions
(d) to the extent they relate to the Sporting Injuries Fund established under 1
section 11 of the Sporting Injuries Insurance Act 1978--transferred to the 2
Sporting Injuries Compensation Authority constituted under that Act, or 3
(e) to the extent they relate to the Supplementary Sporting Injuries Fund 4
established under section 11A of the Sporting Injuries Insurance Act 1978-- 5
transferred to the NSW Self Insurance Corporation constituted under the NSW 6
Self Insurance Corporation Act 2004 (the Self Insurance Corporation), or 7
(f) to the extent they relate to the Bush Fire Fighters Compensation Fund and the 8
Emergency and Rescue Workers Compensation Fund established under the 9
Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 10
1987--transferred to the Self Insurance Corporation, or 11
(g) in any other case--transferred to SIRA. 12
(3) Without limiting the application of clause 6 to any such transfer, any proceedings 13
commenced by or on behalf of the WorkCover Authority but not completed before 14
its abolition are taken to have been commenced: 15
(a) to the extent those proceedings relate to the functions of the WorkCover 16
Authority in acting for the Nominal Insurer--by or on behalf of ICNSW, or 17
(b) to the extent those proceedings relate to the functions of the WorkCover 18
Authority as the regulator under the Work Health and Safety Act 2011--by or 19
on behalf of SafeWork NSW, or 20
(c) to the extent those proceedings relate to the functions of the WorkCover 21
Authority under the Dangerous Goods (Road and Rail Transport) Act 2008, 22
the Explosives Act 2003 or the Rural Workers Accommodation Act 1969--by 23
or on behalf of SafeWork NSW, or 24
(d) in any other case--by or on behalf of SIRA. 25
(4) For the purposes of subclause (3), proceedings includes any prosecution, 26
investigation or other enforcement action. 27
(5) Subclause (2) is subject to the regulations. 28
4 Abolition of Motor Accidents Authority 29
(1) The Motor Accidents Authority of New South Wales is abolished. 30
(2) Subject to the regulations, the assets, rights and liabilities of the Motor Accidents 31
Authority are, on its abolition, transferred to SIRA. 32
(3) Without limiting the application of clause 6 to any such transfer, any proceedings 33
commenced by or on behalf of the Motor Accidents Authority but not completed 34
before its abolition are taken to have been commenced by or on behalf of SIRA. 35
(4) For the purposes of subclause (3), proceedings includes any prosecution, 36
investigation or other enforcement action. 37
5 Abolition of Safety, Return to Work and Support Board 38
(1) The Safety, Return to Work and Support Board is abolished. 39
(2) Each person holding office as a member of the Safety, Return to Work and Support 40
Board ceases to hold office as such a member on the abolition of the Board and is not 41
entitled to any remuneration or compensation for the loss of that office. 42
(3) Subject to the regulations, the assets, rights and liabilities of the Safety, Return to 43
Work and Support Board are, on its abolition, transferred to ICNSW. 44
Page 23
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 4 Savings, transitional and other provisions
6 Provisions relating to transfers of assets, rights and liabilities 1
(1) In this clause, the statutory body from which any assets, rights or liabilities are 2
transferred is called the transferor and the body to which they are transferred is the 3
transferee. 4
(2) When any assets, rights or liabilities are transferred pursuant to this Division, the 5
following provisions have effect: 6
(a) the assets of the transferor vest in the transferee by virtue of this clause and 7
without the need for any further conveyance, transfer, assignment or 8
assurance, 9
(b) the rights or liabilities of the transferor become, by virtue of this clause, the 10
rights or liabilities of the transferee, 11
(c) all proceedings relating to the assets, rights or liabilities commenced before 12
the transfer by or against the transferor or a predecessor of the transferor and 13
pending immediately before the transfer are taken to be proceedings pending 14
by or against the transferee, 15
(d) any act, matter or thing done or omitted to be done in relation to the assets, 16
rights or liabilities before the transfer by, to or in respect of the transferor or a 17
predecessor of the transferor is (to the extent to which that act, matter or thing 18
has any force or effect) taken to have been done or omitted by, to or in respect 19
of the transferee, 20
(e) the transferee has all the entitlements and obligations of the transferor in 21
relation to those assets, rights and liabilities that the transferor would have had 22
but for the transfer, whether or not those entitlements and obligations were 23
actual or potential at the time of the transfer, 24
(f) a reference in any Act, in any instrument made under any Act or in any 25
document of any kind to the transferor or a predecessor of the transferor is (to 26
the extent that it relates to those assets, rights or liabilities but subject to the 27
regulations), to be read as, or as including, a reference to the transferee. 28
(3) The operation of this clause is not to be regarded: 29
(a) as a breach of contract or confidence or otherwise as a civil wrong, or 30
(b) as a breach of any contractual provision prohibiting, restricting or regulating 31
the assignment or transfer of assets, rights or liabilities, or 32
(c) as giving rise to any remedy by a party to an instrument, or as causing or 33
permitting the termination of any instrument, because of a change in the 34
beneficial or legal ownership of any asset, right or liability, or 35
(d) as an event of default under any contract or other instrument. 36
(4) The Minister may, by notice in writing, confirm a transfer of particular assets, rights 37
or liabilities. Such a notice is conclusive evidence of that transfer. 38
(5) No attornment to the transferee by a lessee from the transferor is required. 39
(6) In this clause, instrument means an instrument (other than this Act) that creates, 40
modifies or extinguishes rights or liabilities (or would do so if lodged, filed or 41
registered in accordance with any law), and includes any judgment, order or process 42
of a court. 43
Page 24
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 4 Savings, transitional and other provisions
Division 2 Transfer of employees to ICNSW 1
7 Definitions 2
In this Division: 3
existing employee means a person who: 4
(a) immediately before the commencement of this Division, was employed in the 5
Department of Finance, Services and Innovation, and 6
(b) is designated by ICNSW, with the concurrence of the Secretary, to be a person 7
who is required for the purposes of enabling ICNSW to exercise its functions. 8
Secretary means the Secretary of the Department of Finance, Services and 9
Innovation. 10
transfer date, in relation to a transferred employee, means the date on which the 11
transfer of the employee by order under this Division takes effect. 12
transferred employee means an existing employee who is transferred to the 13
employment of ICNSW by order under this Division. 14
8 Transfer of existing employees to ICNSW 15
(1) The Secretary may, by order in writing, transfer such existing employees as are 16
specified or referred to in the order to the employment of ICNSW. 17
(2) Any such employees who are transferred to ICNSW by order under this clause are to 18
be regarded for all purposes as having become employees of ICNSW, in accordance 19
with the terms of the order and this Division, on the day specified in the order as 20
being the day on which the transfer takes effect. 21
9 Continuation of existing employment arrangements for transferred employees 22
(1) The employment of a transferred employee with ICNSW is to be on the same terms 23
and conditions (including salary) as applied in respect of the employee immediately 24
before the transfer date. 25
(2) Subclause (1) is subject to any industrial instrument made in respect the transferred 26
employee after the transfer date. 27
(3) A transferred employee: 28
(a) retains any rights to annual leave, extended or long service leave, sick leave, 29
or other forms of leave, accrued or accruing in his or her employment as an 30
existing employee, and 31
(b) is not entitled to receive any payment or other benefit (including in the nature 32
of severance pay or redundancy or other compensation) merely because the 33
employee ceases to be in the employment from which the employee was 34
transferred, and 35
(c) is not entitled to claim, both under this Act or any other Act, dual benefits of 36
the same kind for the same period of service. 37
(4) Without limiting subclause (3), a transferred employee is not entitled to elect, 38
because of that transfer, to be paid the money value of any extended or annual leave 39
accrued by the employee in the employment from which the employee was 40
transferred. 41
10 Transferred senior executives 42
(1) The regulations may make provision for or with respect to the employment of 43
transferred employees who were employed as Public Service senior executives 44
immediately before the transfer date. Any such regulations have effect despite any 45
other provision of this Division. 46
Page 25
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 4 Savings, transitional and other provisions
(2) This clause extends to transferred employees who are transitional former senior 1
executives within the meaning of clause 8 of Schedule 4 to the Government Sector 2
Employment Act 2013. 3
Division 3 Miscellaneous 4
11 Dissolution of Parliamentary Committee 5
The Parliamentary Committee appointed under section 11 of the Safety, Return to 6
Work and Support Board Act 2012 is dissolved. 7
12 Existing guidelines and licences 8
(1) Any guidelines issued by the WorkCover Authority or the Motor Accidents 9
Authority under the workers compensation and motor accidents legislation and in 10
force immediately before the commencement of this clause are taken to have been 11
issued by SIRA. 12
(2) Any licence granted by the WorkCover Authority or the Motor Accidents Authority 13
under the workers compensation and motor accidents legislation and in force 14
immediately before the commencement of this clause is taken to have been granted 15
by SIRA. 16
Page 26
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
Schedule 5 Amendment of Workers Compensation Act 1987 1
No 70 2
[1] The whole Act (except where otherwise amended by this Schedule) 3
Omit "WorkCover Guidelines" wherever occurring. 4
Insert instead "Workers Compensation Guidelines". 5
[2] Section 3 Definitions 6
Insert in alphabetical order in section 3 (1): 7
Authority means the State Insurance Regulatory Authority constituted under 8
the State Insurance and Care Governance Act 2015. 9
ICNSW means Insurance and Care NSW constituted under the State 10
Insurance and Care Governance Act 2015. 11
Workers Compensation Market Practice and Premiums Guidelines means 12
guidelines issued by the Authority under section 168 and in force. 13
[3] Section 3 (1), definition of "Board" 14
Omit the definition. 15
[4] Section 3 (1), definition of "insurance premiums order" 16
Omit the definition. 17
[5] Section 20 Principal liable to pay compensation to workers employed by contractors 18
in certain cases 19
Omit section 20 (8) (d). Insert instead: 20
(d) the Workers Compensation Market Practice and Premiums Guidelines, 21
and 22
[6] Section 53 Weekly payments--residence outside the Commonwealth 23
Omit "Authority" from section 53 (2). Insert instead "insurer". 24
[7] Section 62 Rates applicable for hospital treatment 25
Omit ", calculated as determined by the Authority by order published in the Gazette" from 26
section 62 (1). 27
[8] Section 62 (1A) 28
Insert after section 62 (1): 29
(1A) The maximum amount for which an employer is liable for any particular 30
hospital treatment is not to exceed such sum (if any) as may be fixed by the 31
Authority in respect of that treatment by order published in the Gazette. 32
[9] Section 62 (8) 33
Omit the subsection. 34
Page 27
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
[10] Section 83 1
Omit the section. Insert instead: 2
83 Manner of payment of compensation 3
(1) Compensation payable under this Act to a worker is to be paid by electronic 4
funds transfer unless: 5
(a) it is not practicable to do so in the particular circumstances applying to 6
the worker, or 7
(b) the regulations provide for some other means in which compensation is 8
to be paid. 9
(2) This section does not apply to compensation paid to the Nominal Insurer or the 10
NSW Trustee under this Act. 11
(3) In this section: 12
worker includes any person to whom compensation is payable under this Act. 13
[11] Sections 87, 154E (2) (h1), 156 (3), 175 (4) and (4AA), 177 (5), 183A (6), 210 (4) and 228 14
(2) and (2B) 15
Omit "WorkCover Authority" wherever occurring. 16
Insert instead "Workers Compensation Operational". 17
[12] Sections 140 (5) and 175D-175J and notes to sections 175N and 175O (1) 18
Omit "Authority" wherever occurring. Insert instead "Nominal Insurer". 19
[13] Section 140 Persons eligible to make claims 20
Insert after section 140 (5): 21
(6) The Nominal Insurer is to notify the Authority of any claim made under 22
subsection (5). 23
[14] Section 141 Making of claims 24
Insert "and to the Nominal Insurer" after "the Authority" in section 141 (2). 25
[15] Section 151Y Funding of self-insurers, government employers etc for retrospective 26
claims 27
Omit "Authority's" from section 151Y (2). 28
Insert instead "Workers Compensation Operational". 29
[16] Section 154A Establishment of Nominal Insurer 30
Insert after section 154A (3): 31
(4) For the avoidance of doubt, the Nominal Insurer is not a government agency 32
for the purposes of Part 11 of the Public Works and Procurement Act 1912. 33
[17] Sections 154B (5), 154C, 154D (6) and 154G (4) 34
Omit "the Authority" and "The Authority" wherever occurring. Insert instead "ICNSW". 35
Page 28
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
[18] Section 154CA 1
Insert after section 154C: 2
154CA Nominal Insurer functions of ICNSW 3
(1) ICNSW has such additional functions as may be necessary or convenient for 4
enabling ICNSW to act for the Nominal Insurer and to ensure that the 5
functions of the Nominal Insurer are able to be exercised without restriction 6
by any of ICNSW's other functions. 7
(2) When acting for the Nominal Insurer, ICNSW has and may exercise all the 8
functions of the Nominal Insurer and is not limited by any of ICNSW's other 9
functions. 10
(3) When acting for the Nominal Insurer, ICNSW must exercise its functions so 11
as to ensure the efficient exercise of the functions of the Nominal Insurer and 12
the proper collection of premiums for policies of insurance and the payment of 13
claims in accordance with this Act and the 1998 Act. 14
[19] Section 154D Establishment and operation of Insurance Fund 15
Omit "policies determined by the Board" from section 154D (3). 16
Insert instead "strategies determined by ICNSW under the State Insurance and Care 17
Governance Act 2015". 18
[20] Section 154E Assets of Insurance Fund 19
Omit section 154E (1) (e) and (3). 20
[21] Section 154E (2) (c) 21
Omit "to the Authority or to persons employed by or acting for the Authority". 22
[22] Sections 155AA (8) (definition of "exemption limit"), 163 (1) (c), 172 (5) (paragraph (c) 23
of the definition of "prescribed rate") 24
Omit "an insurance premiums order" wherever occurring. 25
Insert instead "the Workers Compensation Market Practice and Premiums Guidelines". 26
[23] Section 160 Recovery of excess from employer 27
Omit the definition of prescribed excess amount from section 160 (1). Insert instead: 28
prescribed excess amount, in respect of a weekly compensation claim paid 29
under a policy of insurance, means the prescribed excess amount determined 30
by the Workers Compensation Market Practice and Premiums Guidelines in 31
respect of that policy. 32
[24] Section 160 (9) 33
Omit the subsection. 34
[25] Section 161 Inspection of policies 35
Insert after section 161 (1): 36
(1A) A reference to the Authority in subsection (1) includes a reference to the 37
Nominal Insurer. However any such notice by the Nominal Insurer may only 38
require information that is necessary for the Nominal Insurer to deal with a 39
claim. 40
Page 29
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
[26] Sections 168-170 1
Omit the sections. Insert instead: 2
168 Workers Compensation Market Practice and Premiums Guidelines 3
(1) The Authority may issue guidelines with respect to policies of insurance (the 4
Workers Compensation Market Practice and Premiums Guidelines). 5
(2) The Workers Compensation Market Practice and Premiums Guidelines may 6
(without limiting the generality of subsection (1)): 7
(a) require insurers to file with the Authority premiums for classes of 8
employers in such manner, and at such times, as may be specified in the 9
Guidelines, and 10
(b) require licensed insurers to specify how they have determined 11
premiums, and 12
(c) require licensed insurers to provide additional information with the 13
premiums they file or to justify the premiums they have filed. 14
(3) The Authority may amend, revoke or replace the Workers Compensation 15
Market Practice and Premiums Guidelines. 16
(4) The Authority is: 17
(a) to consult licensed insurers before it issues, amends or replaces the 18
Workers Compensation Market Practice and Premiums Guidelines, and 19
(b) to provide reasonable notice of any amendment to the Guidelines before 20
the amendment takes effect. 21
(5) The Workers Compensation Market Practice and Premiums Guidelines may: 22
(a) adopt the provisions of other publications, whether with or without 23
modification or addition and whether in force at a particular time or 24
from time to time, and 25
(b) apply generally or be limited in their application by reference to 26
specified exceptions or factors or apply differently according to 27
different factors of a specified kind (or do a combination of those 28
things). 29
(6) It is a condition of the licence of an insurer (including the Nominal Insurer) 30
that the insurer: 31
(a) complies with the Workers Compensation Market Practice and 32
Premiums Guidelines, and 33
(b) does not charge an insurance premium that is rejected under 34
section 169. 35
169 Rejection of premiums 36
(1) The Authority may reject an insurance premium filed with it as required by the 37
Workers Compensation Market Practice and Premiums Guidelines if the 38
Authority is of the opinion that the premium does not conform with the 39
Guidelines. 40
(2) Written notice of the Authority's rejection of a premium, and the reasons for 41
the rejection, must be given to the licensed insurer. 42
(3) If the Authority rejects a premium of a licensed insurer, the licensed insurer 43
may request the Authority to reconsider the rejection. 44
Page 30
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
(4) Pending its reconsideration, the Authority may request an actuary to determine 1
a provisional premium. 2
(5) A provisional premium so determined has effect, pending the Authority's 3
reconsideration, as if it were an insurance premium which may lawfully be 4
charged by the licensed insurer concerned. 5
(6) If the Authority has not withdrawn its rejection of a premium within 4 weeks 6
after a request to reconsider the rejection, the matter is to be arbitrated under 7
this section. The following provisions have effect: 8
(a) The Commercial Arbitration Act 2010 applies to an arbitration under 9
this section, subject to this Act and the regulations. The Authority and 10
the licensed insurer concerned may by agreement appoint a person to 11
act as arbitrator in connection with the matter. Failing agreement within 12
7 days, paragraphs (b) and (c) apply. 13
(b) The Independent Pricing and Regulatory Tribunal may act as arbitrator 14
to hear and determine such a matter. 15
(c) Alternatively, the Independent Pricing and Regulatory Tribunal may 16
appoint a person to act as arbitrator in connection with the matter. The 17
person is to be appointed from a panel constituted by the Minister and 18
consisting of persons who have appropriate knowledge and 19
understanding of economics, general insurance and the interests of 20
consumers. 21
(d) The regulations may make provision for or with respect to the 22
arbitration of matters under this section. 23
(7) The arbitrator may: 24
(a) reject a premium if the arbitrator is of the opinion that the premium does 25
not conform with the Workers Compensation Market Practice and 26
Premiums Guidelines, and 27
(b) determine the premium that may be charged by the licensed insurer, 28
being a premium that in the arbitrator's opinion conforms with those 29
Guidelines. 30
[27] Section 172 Recovery of unpaid premiums 31
Omit section 172 (4). 32
[28] Sections 172 (5) (paragraph (b) of the definition of "prescribed rate") and 172A (8) 33
(definition of "required deposit") 34
Omit "the relevant insurance premiums order" wherever occurring. 35
Insert instead "the Workers Compensation Market Practice and Premiums Guidelines". 36
[29] Section 172 (5), definition of "relevant insurance premiums order" 37
Omit the definition. 38
[30] Section 172A Security deposit or guarantee for payment of premium 39
Omit "the premium for which was determined by an optional alternative method (as 40
referred to in section 168A)" from section 172A (1). 41
[31] Section 172A (8), definition of "required deposit" 42
Omit "or determined in accordance with the relevant insurance premiums order". 43
Insert instead "the Authority or determined in accordance with the Workers Compensation 44
Market Practice and Premiums Guidelines". 45
Page 31
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
[32] Section 174 Records relating to wages, contracts etc to be kept and supplied 1
Insert after section 174 (9): 2
(10) A reference to the Authority in this section includes a reference to the Nominal 3
Insurer. However, an order by the Nominal Insurer under this section may only 4
require information that is necessary for the Nominal Insurer to deal with a 5
claim. 6
[33] Section 175C Private rulings regarding workers at request of employers 7
Insert "or the Nominal Insurer" after "Authority" wherever occurring. 8
[34] Section 183A Imposition of civil penalty on or censure of licensed insurer or 9
self-insurer 10
Omit "Board" wherever occurring in section 183A (1), (2) and (5). 11
Insert instead "Authority". 12
[35] Section 183A (7) 13
Omit the subsection. 14
[36] Section 188 Re-insurance--special condition 15
Omit the section. 16
[37] Sections 202B and 202C 17
Insert after section 202A: 18
202B Business plans of licensed insurers 19
(1) A licensed insurer must prepare and deliver to the Authority a business plan 20
for its workers compensation insurance business as soon as practicable after it 21
is requested to do so by the Authority. 22
(2) The licensed insurer must revise its business plan: 23
(a) whenever it departs significantly from its business plan, and 24
(b) at such intervals of not less than 12 months as the Authority directs. 25
(3) The licensed insurer must, as far as practicable, conduct its workers 26
compensation insurance business in accordance with its current business plan, 27
but if it departs significantly from that plan the insurer must notify the 28
Authority accordingly. 29
(4) A business plan must be prepared in accordance with such guidelines as the 30
Authority determines from time to time and notifies to licensed insurers. 31
(5) A business plan must describe the manner in which the insurer's workers 32
compensation insurance business is to be conducted (including premiums, 33
claims handling, management, expenses and systems). 34
(6) In this section, a reference to the workers compensation insurance business of 35
a licensed insurer is a reference to any business associated with policies of 36
insurance. 37
202C Prudential standards 38
The regulations may make provision with respect to prudential standards and 39
the application of such standards to insurers. 40
Page 32
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
[38] Section 208 Contributions by licensed insurers to Insurance Fund 1
Omit "Authority" from section 208 (1) and (4) wherever occurring. 2
Insert instead "Nominal Insurer". 3
[39] Section 216A 4
Insert after section 216: 5
216A Assignment of policies of former self-insurers 6
(1) The Authority may assign all or any class of policies of insurance of a person 7
who was a self-insurer (the former self-insurer) to another insurer with the 8
agreement of that other insurer. 9
(2) Policies of insurance may be assigned under this section by notice served by 10
the Authority on the former self-insurer concerned. 11
(3) An assignment of an insurance policy under this section: 12
(a) transfers the rights, obligations and liabilities under the policy of the 13
former self-insurer to the insurer to which the policy is assigned, and 14
(b) does not otherwise affect the rights, obligations or liabilities acquired, 15
accrued or incurred under the policy. 16
(4) For the purposes of this Act, any such assigned policy is to be taken to have 17
been issued or renewed by the insurer to which it is assigned. 18
(5) If an insurance policy is assigned under this section, the former self-insurer 19
concerned must, subject to any directions of the Authority, provide the insurer 20
to which the policy is assigned with copies of all documents relating to the 21
policy or to claims under it. 22
Maximum penalty: 20 penalty units. 23
[40] Section 227 Insurers' Guarantee Fund 24
Omit section 227 (2) (g) and (3A). 25
[41] Section 239AE Terrorism Re-insurance Fund 26
Omit section 239AE (2) (d1) and (6). 27
[42] Section 239AG Contributions to Terrorism Re-insurance Fund 28
Omit "insurance premiums order" from section 239AG (3). 29
Insert instead "Workers Compensation Market Practice and Premiums Guidelines". 30
[43] Section 239AJ Subrogation 31
Omit "Chief Executive Officer" from section 239AJ (2). 32
Insert instead "chief executive of the Authority". 33
Page 33
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 5 Amendment of Workers Compensation Act 1987 No 70
[44] Schedule 6 Savings, transitional and other provisions 1
Insert immediately before Part 20 with appropriate Part numbering: 2
Part Provisions consequent on enactment of State 3
Insurance and Care Governance Act 2015 4
Note. See also Part 2 of Schedule 4 to the State Insurance and Care Governance Act 2015 which 5
contains provisions relating to the abolition of the WorkCover Authority. 6
1 Definition 7
In this Part: 8
relevant Act means the State Insurance and Care Governance Act 2015. 9
2 Insurance premiums orders 10
(1) Despite the substitution of section 168 by the relevant Act, an insurance 11
premiums order may be made under that section (as in force immediately 12
before its substitution) in relation to policies of insurance issued before the 13
substitution of that section as if that section had not been so substituted. 14
(2) Any amendment (other than this clause) made by the relevant Act that applies 15
in relation to insurance premiums orders in force immediately before the 16
commencement of the amendment does not apply in relation to any such 17
insurance premiums order referred to in subclause (1) or, subject to the 18
regulations, to any insurance premiums order as so in force. 19
3 Continuation of fund 20
The Workers Compensation Operational Fund established under the 1998 Act 21
is a continuation of the WorkCover Authority Fund established under that Act 22
as in force immediately before the commencement of this clause. 23
4 Conciliation of existing claims by conciliators under the 1998 Act 24
Despite its repeal by the relevant Act, Division 3 of Part 2 of Chapter 4 of the 25
1998 Act continues to apply in relation to existing claims as if that Division 26
had not been so repealed. 27
Page 34
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 6 Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86
Schedule 6 Amendment of Workplace Injury Management 1
and Workers Compensation Act 1998 No 86 2
[1] Section 4 Definitions 3
Omit the definition of Authority from section 4 (1). Insert instead: 4
Authority means the State Insurance Regulatory Authority constituted under 5
the State Insurance and Care Governance Act 2015. 6
[2] Section 4 (1), definitions of "Board" and "Chief Executive Officer" 7
Omit the definitions. 8
[3] Section 4 (1) 9
Insert in alphabetical order: 10
ICNSW means Insurance and Care NSW constituted under the State 11
Insurance and Care Governance Act 2015. 12
SafeWork NSW means SafeWork NSW as referred to in clause 1 of 13
Schedule 2 to the Work Health and Safety Act 2011. 14
[4] Sections 4 (1) (definition of "Independent Review Officer"), 24 (1), 45A (4), 119 (4), 250 15
(3), 260, 266, 267 (2), 280 (1), 281 (6), 282 (1) (g), 283 (2), 284 (5), 291, 322 (1), 323 (4), 16
328 (2), 331, 376 and 377 (1) 17
Omit "WorkCover" wherever occurring. Insert instead "Workers Compensation". 18
[5] Section 4 (1), definitions of "WorkCover Authority Fund" and "WorkCover 19
Guidelines" 20
Omit the definitions. Insert in alphabetical order: 21
Workers Compensation Guidelines means guidelines issued under 22
section 376. 23
Workers Compensation Operational Fund means the Workers 24
Compensation Operational Fund established under this Act. 25
[6] Chapter 2, Part 2, heading 26
Omit "WorkCover Authority of New South Wales". 27
Insert instead "General workers compensation functions". 28
[7] Chapter 2, Part 2, Divisions 1 and 2 29
Omit the Divisions. 30
[8] Chapter 2, Part 2, Division 3, heading 31
Omit the heading. 32
[9] Section 22 33
Omit the section. Insert instead: 34
22 Objectives and general functions of Authority under workers compensation 35
legislation 36
(1) The principal objectives of the Authority in exercising its functions under the 37
workers compensation legislation are as follows: 38
Page 35
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 6 Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86
(a) to promote the prevention of injuries and diseases at the workplace and 1
the development of healthy and safe workplaces, 2
(b) to promote the prompt, efficient and effective management of injuries 3
to persons at work, 4
(c) to ensure the efficient operation of workers compensation insurance 5
arrangements, 6
(d) to ensure the timely and effective resolution of disputes arising under 7
the workers compensation legislation, 8
(e) to ensure the appropriate co-ordination of arrangements for the 9
administration of the schemes to which the workers compensation 10
legislation relates. 11
(2) The general functions of the Authority under the workers compensation 12
legislation are as follows: 13
(a) to be responsible for ensuring compliance with the workers 14
compensation legislation, 15
(b) to be responsible for the day to day operational matters relating to the 16
workers compensation scheme, 17
(c) to establish procedures for dealing with complaints made by employers 18
and by injured workers in relation to matters arising under the workers 19
compensation scheme, 20
(d) to monitor and report to the Minister on the operation and effectiveness 21
of the workers compensation legislation and on the performance of the 22
workers compensation scheme, 23
(e) to undertake such consultation as it thinks fit in connection with current 24
or proposed legislation relating to the workers compensation scheme, 25
(f) to monitor and review key indicators of financial viability and other 26
aspects of the workers compensation scheme, 27
(g) to report and make recommendations to the Minister on such matters as 28
the Minister requests or the Authority considers appropriate. 29
[10] Section 23 Specific functions 30
Omit "or the work health and safety legislation" from section 23 (1) (c) and (l) wherever 31
occurring. 32
[11] Section 23 (1) (i) 33
Omit the paragraph. Insert instead: 34
(i) to facilitate and promote the establishment and operation of 35
return-to-work programs, 36
[12] Section 23 (1) (j1) 37
Insert after section 23 (1) (j): 38
(j1) to enter into arrangements with SafeWork NSW for or in connection 39
with the enforcement of the work health and safety legislation, 40
[13] Section 23A Nominal Insurer functions of Authority 41
Omit the section. 42
[14] Chapter 2, Part 3, heading 43
Omit "WorkCover". Insert instead "Workers Compensation". 44
Page 36
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 6 Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86
[15] Section 27B Requirement to provide information 1
Insert "and the Nominal Insurer" after "Authority" in section 27B (4). 2
[16] Chapter 2, Part 6, Divisions 1 and 2, headings 3
Omit "WorkCover Authority" wherever occurring. 4
Insert instead "Workers Compensation Operational". 5
[17] Sections 34, 35, 35A (1), 38 (a), 39 (1), 39A (1), 53, 284 (2) and 318H (3) 6
Omit "WorkCover Authority" wherever occurring. 7
Insert instead "Workers Compensation Operational". 8
[18] Section 35 Payments into and from Fund 9
Insert after section 35 (1) (a1): 10
(a2) the investment earnings accruing from the investment of the Fund, 11
[19] Section 35 (2) (a) and (b) 12
Omit section 35 (2) (a). Insert instead: 13
(a) the remuneration, allowances, office accommodation and other 14
associated costs of the Board of the Authority and the members of staff 15
of the Authority to the extent that those costs relate to the administration 16
of this Act and the 1987 Act, 17
(b) the remuneration, allowances, office accommodation and other 18
associated costs of SafeWork NSW, 19
[20] Section 35 (2) (d) and (e) 20
Omit the paragraphs. 21
[21] Section 36 Investment 22
Omit "held by it". 23
Insert instead "in the Workers Compensation Operational Fund that is not immediately 24
required for the purposes of the Fund". 25
[22] Section 36 (b) 26
Omit "to invest money held by the Authority". 27
Insert instead "on the Authority to invest money in the Fund". 28
[23] Section 42B Claims assistance 29
Insert before section 42B (1): 30
(1A) A reference to the Authority in this section includes a reference to the Nominal 31
Insurer. 32
[24] Section 42B (4)-(6) 33
Omit the subsections. 34
Page 37
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 6 Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86
[25] Section 43 Injury management programs 1
Insert after section 43 (1): 2
(1A) Without limiting subsection (1), an insurer that is a scheme agent must revise 3
its injury management program when directed to do so by the Nominal Insurer 4
and lodge a copy of the revised program with the Nominal Insurer. 5
[26] Section 44 Early notification of workplace injury 6
Insert after section 44 (3A): 7
(3B) If an employer or an insurer has given notice to the Nominal Insurer in 8
accordance with subsection (2) or (3) of a workplace injury to a worker, the 9
Nominal Insurer must as soon as practicable forward that notice to the 10
Authority in accordance with the regulations. 11
[27] Sections 44, 61 (2) (e) and 254 (3) (d) 12
Omit "the Authority" wherever occurring. Insert instead "the Nominal Insurer". 13
[28] Section 44 (5) 14
Omit the subsection. 15
[29] Chapter 4, Part 2, Division 3 Conciliation of disputes by conciliator 16
Omit the Division. 17
[30] Sections 124 (2) and 230A (1), (2) (f) and (4) (b) 18
Insert "or the Nominal Insurer" after "Authority" wherever occurring. 19
[31] Section 124 Referral of matters to medical referee or panel for report 20
Omit "the Compensation Court or the conciliator or the Authority" from section 124 (3). 21
Insert instead "any such person or body". 22
[32] Section 230A Premium Discount Schemes 23
Omit section 230A (5). 24
[33] Section 237 Service of documents 25
Insert after section 237 (2): 26
(3) A reference to the Authority in this section includes a reference to the Nominal 27
Insurer. 28
[34] Section 238 Powers of entry by inspectors 29
Omit the definition of inspector from section 238 (1). Insert instead: 30
inspector means: 31
(a) a member of staff of the Authority who is authorised by the Authority 32
for the purposes of this section, or 33
(b) any person authorised for the purposes of this section by a person or 34
body prescribed by the regulations. 35
Page 38
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 6 Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86
[35] Section 238AA Power to obtain information, documents and evidence 1
Omit section 238AA (7). Insert instead: 2
(7) In this section: 3
inspector means: 4
(a) a member of staff of the Authority who is authorised by the Authority 5
for the purposes of this section, or 6
(b) any person authorised for the purposes of this section by a person or 7
body prescribed by the regulations. 8
[36] Sections 241 and 242 9
Omit the sections. 10
[37] Section 243 Disclosure requirements 11
Insert before section 243 (2) (b): 12
(a) SafeWork NSW, and 13
[38] Section 243 (5) 14
Insert after section 243 (4): 15
(5) This section does not apply in relation to protected information within the 16
meaning of section 243AA. 17
[39] Section 243AA 18
Insert after section 243: 19
243AA Secrecy of information obtained from or relating to insurers or proposed 20
insurers 21
(1) A person who acquires protected information in the exercise of functions 22
under this Act must not, directly or indirectly, make a record of the 23
information or divulge the information to another person if the person is aware 24
that it is protected information, except in the exercise of functions under this 25
Act. 26
Maximum penalty: 50 penalty units. 27
(2) Despite subsection (1), protected information may be divulged: 28
(a) to a particular person or persons, if the Authority certifies that it is 29
necessary in the public interest that the information be divulged to the 30
person or persons, or 31
(b) to a person or body prescribed by the regulations, or 32
(c) to a person who is expressly or impliedly authorised to obtain it by the 33
person to whom the information relates, or 34
(d) to the Minister. 35
(3) A person cannot be required: 36
(a) to produce in any court any document or other thing that contains 37
protected information and that has come into the person's possession, 38
custody or control by reason of, or in the course of, the exercise of the 39
person's functions under this Act, or 40
(b) to divulge to any court any protected information that has come to the 41
person's notice in the exercise of the person's functions under this Act. 42
Page 39
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 6 Amendment of Workplace Injury Management and Workers Compensation Act 1998 No 86
(4) Despite subsection (3), a person may be required to produce such a document 1
or other thing in a court or to divulge protected information to a court if: 2
(a) the Authority certifies that it is necessary in the public interest to do so, 3
or 4
(b) a person to whom the information relates (or to whom the information 5
contained in the document or thing relates) has expressly authorised it 6
to be divulged to or produced in the court. 7
(5) An authority or person to whom protected information is divulged under 8
subsection (2), and a person or employee under the control of that authority or 9
person, are, in respect of that information, subject to the same rights, privileges 10
and duties under this section as they would be if that authority, person or 11
employee were a person exercising functions under this Act and had acquired 12
the information in the exercise of those functions. 13
(6) This section does not apply to the divulging of information to, or the 14
production of any document or other thing to: 15
(a) any law enforcement agency, or 16
(b) any person or body prescribed by the regulations for the purposes of this 17
subsection. 18
(7) In this section: 19
court includes any tribunal, authority or person having power to require the 20
production of documents or the answering of questions. 21
functions under this Act includes functions under the regulations or other 22
instruments under this Act. 23
produce includes permit access to. 24
protected information means: 25
(a) information concerning the business, commercial, professional or 26
financial affairs of an applicant for a licence under Part 7 of the 1987 27
Act or of a licensed insurer, or 28
(b) information obtained in the course of an investigation of an application 29
for such a licence, or 30
(c) information that was obtained by the Authority under this Act or the 31
1987 Act from a licensed insurer and that is the subject of an unrevoked 32
declaration by the licensed insurer to the effect that the information is 33
confidential, 34
not being information that is publicly available. 35
[40] Chapter 7, Part 10, Division 2, heading 36
Omit "WorkCover". Insert instead "Workers Compensation". 37
Page 40
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 7 Amendment of Motor Accidents Compensation Act 1999 No 41
Schedule 7 Amendment of Motor Accidents Compensation 1
Act 1999 No 41 2
[1] Section 3 Definitions 3
Omit the definitions of Authority and Motor Accidents Authority Fund. Insert instead: 4
Authority means the State Insurance Regulatory Authority constituted under 5
the State Insurance and Care Governance Act 2015. 6
Motor Accidents Operational Fund means the Motor Accidents Operational 7
Fund established under Part 8.4. 8
[2] Section 3, definitions of "Board", "Chief Executive Officer" and "Parliamentary 9
Committee" 10
Omit the definitions. 11
[3] Section 3, definitions of "MAA Claims Assessment Guidelines" and "MAA Medical 12
Guidelines" 13
Omit the definitions. Insert in alphabetical order: 14
Motor Accidents Claims Assessment Guidelines means guidelines issued by 15
the Authority under Part 4.1 and in force. 16
Motor Accidents Medical Guidelines means guidelines issued by the 17
Authority under Part 3.1 and in force. 18
[4] Section 12 Evidence of insurance in respect of motor vehicle 19
Omit "Motor Accidents" from section 12 (1) (b). 20
[5] Sections 24 (1), 44 (1), 68 (1) and 69 (1) 21
Omit "MAA" wherever occurring. Insert instead "Motor Accidents". 22
[6] Sections 24 (2)-(6), 27 (1) (c), 44 (2)-(6), 45, 52, 56 (6), 63 (7), 65 (1), 68 (2)-(5), 69 23
(2)-(6), 83 (2A), 84 (1), 86 (1) (c), 92 (1) (a), 106, 133 (2) (a) (and the note to section 133) 24
and 214 (3) 25
Omit "MAA" wherever occurring. Insert instead "Motor Accidents". 26
[7] Sections 24 (4) and 166 (3) (a) 27
Insert "of the Authority" after "Board" wherever occurring. 28
[8] Section 28 Insurers to disclose profit margins 29
Omit "to present a report on that assessment annually to the Parliamentary Committee" 30
from section 28 (2). 31
Insert instead "to include a report on that assessment in its annual report". 32
[9] Section 40 Establishment of Nominal Defendant's Fund 33
Omit section 40 (2) (c2) and (5). 34
[10] Sections 99A (2A), 169 (2) and 214A (5) and clause 6 (2) of Schedule 3 35
Omit "Chief Executive Officer" wherever occurring. 36
Insert instead "chief executive of the Authority". 37
Page 41
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 7 Amendment of Motor Accidents Compensation Act 1999 No 41
[11] Section 105 Control and direction of claims assessors 1
Omit section 105 (5). Insert instead: 2
(5) This section does not, to the extent that it applies to claims assessors who are 3
members of staff of the Authority, affect any of the functions under the 4
Government Sector Employment Act 2013 that may be exercised by the head 5
of the Public Service agency in which any such claims assessor is employed. 6
[12] Section 120 Claims register 7
Omit section 120 (3). Insert instead: 8
(3) Information concerning claims under this Act and claims under the Workers 9
Compensation Acts is authorised to be exchanged between different parts of 10
the Authority. 11
[13] Sections 155 (4), 164 (2) (b), 166 (5), 167 (6) (b) and 211 (definition of "Fund") 12
Omit "Authority" wherever occurring. Insert instead "Operational". 13
[14] Section 177 Audit of accounting records and of compliance with guidelines 14
Omit "Parliamentary Committee" from section 177 (7). 15
Insert instead "Board of the Authority and to the Minister". 16
[15] Chapter 8, Part 8.1, heading 17
Omit "Motor Accidents Authority". Insert instead "Functions of Authority". 18
[16] Chapter 8, Part 8.1, Divisions 1 and 2 19
Omit the Divisions. 20
[17] Chapter 8, Part 8.1, Division 3, heading 21
Omit the heading. 22
[18] Section 206 Authority's functions under this Act 23
Omit section 206 (1) and (5). 24
[19] Section 206 (2) 25
Omit "The Authority also has the following functions". 26
Insert instead "In addition to its other functions under this or any other Act, the Authority 27
has the following functions". 28
[20] Section 212 Motor Accidents Operational Fund 29
Omit "Authority Fund" from section 212 (1). Insert instead "Operational Fund". 30
[21] Section 212 (3) (a) 31
Omit the paragraph. Insert instead: 32
(a) the remuneration, allowances, office accommodation and other 33
associated costs of the Board of the Authority and the members of staff 34
of the Authority to the extent that those costs relate to the administration 35
of this Act, 36
[22] Sections 219 and 220 37
Omit the sections. 38
Page 42
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 7 Amendment of Motor Accidents Compensation Act 1999 No 41
[23] Schedule 5 Savings, transitional and other provisions 1
Insert at the end of clause 2 (1): 2
any other Act that amends this Act 3
[24] Schedule 5 4
Insert after Part 10: 5
Part 11 Provisions consequent on enactment of State 6
Insurance and Care Governance Act 2015 7
Note. See also Part 2 of Schedule 4 to the State Insurance and Care Governance Act 2015 which 8
contains provisions relating to the abolition of the Motor Accidents Authority. 9
41 Continuation of fund 10
The Motor Accidents Operational Fund is a continuation of the Motor 11
Accidents Authority Fund established under this Act as in force immediately 12
before the commencement of this clause. 13
Page 43
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 8 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
Schedule 8 Amendment of Motor Accidents (Lifetime Care 1
and Support) Act 2006 No 16 2
[1] Section 3 Definitions 3
Omit the definitions of Board and MAA from section 3 (1). 4
[2] Section 3 (1), definition of "Chief Executive Officer" 5
Omit the definition. Insert instead: 6
chief executive means the chief executive of the Authority appointed under 7
this Act. 8
[3] Sections 8 (3) and 30 (2) 9
Omit "MAA" wherever occurring. Insert instead "State Insurance Regulatory Authority". 10
[4] Section 38 11
Omit the section. Insert instead: 12
38 Ministerial directions 13
(1) If the Minister is satisfied that it is desirable in the public interest to do so, the 14
Minister may, by notice in writing to the Authority, give directions with 15
respect to the functions of the Authority. 16
(2) The Minister cannot give a direction under this section with respect to the 17
Authority's functions under section 49 or 50. 18
(3) The Authority must comply with any direction given under this section by the 19
Minister. 20
(4) The Authority must include in its annual report particulars of each direction 21
given under this section during the year to which the report relates. 22
(5) Except as provided by this section, the Authority is not, in the exercise of its 23
functions, subject to the control and direction of the Minister. 24
[5] Section 39 25
Insert after section 38: 26
39 Chief executive of Authority 27
(1) The Minister is to appoint a person as the chief executive of the Authority. 28
Note. Schedule 1 contains provisions relating to the chief executive of the Authority. 29
(2) The affairs of the Authority are to be managed and controlled by the chief 30
executive. 31
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by 32
the chief executive is taken to have been done by the Authority. 33
[6] Section 41 Delegation of functions 34
Omit section 41 (2) and (3). Insert instead: 35
(2) In this section: 36
authorised person means any of the following: 37
(a) a member of staff of Insurance and Care NSW, 38
Page 44
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 8 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
(b) any person, or any class of persons, authorised for the purposes of this 1
section by the regulations. 2
[7] Sections 42 and 51 (5) 3
Omit "Chief Executive Officer" wherever occurring. Insert instead "chief executive". 4
[8] Section 43 Functions of Authority 5
Insert after section 43 (2) (b): 6
(b1) to provide the Minister with such information as the Minister may 7
request, 8
[9] Section 43 (5) 9
Omit the subsection including the note. 10
[10] Section 48 Lifetime Care and Support Authority Fund 11
Omit section 48 (2) (c1). 12
[11] Section 48 (3) (b) 13
Omit the paragraph. Insert instead: 14
(b) all payments required to meet expenditure incurred by or on behalf of a 15
NSW Government agency in providing services (including staff and 16
facilities) for or in connection with the Scheme, 17
(b1) all payments (as approved by the Minister administering Part 3 of the 18
State Insurance and Care Governance Act 2015) required to meet 19
expenditure incurred by the State Insurance Regulatory Authority in 20
exercising functions in connection with the Scheme, 21
[12] Section 48 (3A) 22
Omit the subsection. 23
[13] Section 49 Determination by Authority of amount to be contributed to Fund 24
Omit "on the recommendation of the Board" from section 49 (3). 25
[14] Section 50 Contributions to Fund by third-party policy holders 26
Insert "State Insurance Regulatory" before "Authority" wherever occurring in section 50 27
(2) and (5). 28
[15] Sections 50 (4) and 55 29
Omit "MAA" wherever occurring. Insert instead "Motor Accidents". 30
[16] Schedule 1 31
Insert as Schedule 1: 32
Schedule 1 Provisions relating to chief executive 33
(Section 39) 34
1 Term of office 35
Subject to this Schedule, a person appointed as chief executive holds office for 36
such period (not exceeding 5 years) as may be specified in the person's 37
instrument of appointment. 38
Page 45
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 8 Amendment of Motor Accidents (Lifetime Care and Support) Act 2006 No 16
2 Remuneration 1
The chief executive is entitled to be paid such remuneration (including 2
travelling and subsistence allowances) as the Minister may determine. 3
3 Vacancy in office of chief executive 4
(1) The office of chief executive becomes vacant if the holder of that office: 5
(a) dies, or 6
(b) completes a term of office and is not re-appointed, or 7
(c) resigns the office by instrument in writing addressed to the Minister, or 8
(d) is removed from office under clause 4, or 9
(e) becomes bankrupt, applies to take the benefit of any law for the relief of 10
bankrupt or insolvent debtors, compounds with his or her creditors or 11
makes an assignment of his or her remuneration for their benefit, or 12
(f) becomes a mentally incapacitated person, or 13
(g) is convicted in New South Wales of an offence that is punishable by 14
imprisonment for 12 months or more or is convicted elsewhere than in 15
New South Wales of an offence that, if committed in New South Wales, 16
would be an offence so punishable. 17
(2) If the office of chief executive becomes vacant, a person is, subject to this Act, 18
to be appointed to fill the vacancy. 19
4 Removal from office 20
The Minister may remove the chief executive from office at any time for any 21
or no stated reason and without notice. 22
5 Acting chief executive 23
(1) The Minister may appoint a person to act in the office of chief executive during 24
the illness or absence of the chief executive or during a vacancy in the office 25
of chief executive. The person, while so acting, has all the functions of the 26
chief executive and is taken to be the chief executive. 27
(2) The Minister may remove a person from any office to which the person was 28
appointed under this clause at any time for any or no stated reason and without 29
notice. 30
(3) A person while acting in the office of chief executive is entitled to be paid such 31
remuneration (including travelling and subsistence allowances) as the 32
Minister may determine in respect of the person. 33
6 Status of chief executive 34
(1) The office of chief executive is a statutory office and the provisions of the 35
Government Sector Employment Act 2013 relating to the employment of 36
Public Service employees do not apply to the chief executive. 37
(2) The chief executive is, for the purposes of section 73 of that Act, taken to be 38
the holder of a position in a government sector agency. 39
[17] Schedule 3 Savings, transitional and other provisions 40
Insert at the end of clause 1 (1): 41
any other Act that amends this Act 42
Page 46
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 9 Amendment of Sporting Injuries Insurance Act 1978 No 141
Schedule 9 Amendment of Sporting Injuries Insurance Act 1
1978 No 141 2
[1] Section 4 Definitions 3
Omit the definitions of Authority, Chief Executive Officer and the Department from 4
section 4 (1). 5
Insert in alphabetical order: 6
Authority means the Sporting Injuries Compensation Authority constituted 7
under this Act. 8
chief executive means the chief executive of the Authority appointed under 9
this Act. 10
Department means the Office of Sport. 11
Self Insurance Corporation means the NSW Self Insurance Corporation 12
constituted by the NSW Self Insurance Corporation Act 2004. 13
[2] Sections 5 (1) (b) and 6 (4) 14
Omit "Chief Executive Officer" wherever occurring. Insert instead "chief executive". 15
[3] Part 2, heading 16
Omit "General functions". Insert instead "Constitution and functions of Authority". 17
[4] Sections 7 and 7A 18
Insert before section 8: 19
7 Constitution of Authority 20
(1) There is constituted by this Act a body corporate with the corporate name of 21
the Sporting Injuries Compensation Authority. 22
(2) The Authority is a NSW Government agency. 23
Note. See section 13A of the Interpretation Act 1987. 24
7A Ministerial control 25
The Authority is subject to the control and direction of the Minister in the 26
exercise of its functions, except in relation to the contents of any advice, report 27
or recommendation given to the Minister. 28
[5] Sections 9 and 10 29
Insert after section 8: 30
9 Chief executive of Authority 31
(1) The Minister is to appoint a person as the chief executive of the Authority. 32
Note. Schedule 4A contains provisions relating to the chief executive of the Authority. 33
(2) The affairs of the Authority are to be managed and controlled by the chief 34
executive. 35
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by 36
the chief executive is taken to have been done by the Authority. 37
Page 47
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 9 Amendment of Sporting Injuries Insurance Act 1978 No 141
10 Delegation 1
(1) The Authority may delegate to an authorised person any of the functions of the 2
Authority (other than this power of delegation). 3
(2) In this section: 4
authorised person means any of the following: 5
(a) a member of staff of Insurance and Care NSW, 6
(b) any person, or any class of persons, authorised for the purposes of this 7
section by the regulations. 8
[6] Section 11 Establishment of Sporting Injuries Fund 9
Omit section 11 (2). Insert instead: 10
(2) The Fund comprises the following: 11
(a) all money paid to the Authority under section 5A or Part 4, 12
(b) all other assets of the Authority, including gifts made to it and 13
investments made by it under section 12 with respect to money forming 14
part of the Fund. 15
[7] Section 11 (3) (a2) and (a3) 16
Insert after section 11 (3) (a1): 17
(a2) all payments required to meet expenditure incurred by or on behalf of a 18
NSW Government agency in providing services (including staff and 19
facilities) for or in connection with the insurance scheme established 20
under this Act, 21
(a3) all payments (approved by the Minister administering Part 3 of the State 22
Insurance and Care Governance Act 2015) required to meet 23
expenditure incurred by the State Insurance Regulatory Authority in 24
exercising functions in connection with the insurance scheme 25
established under this Act, 26
[8] Section 11 (3) (d) 27
Omit the paragraph. 28
[9] Section 11 (4) 29
Omit the subsection. 30
[10] Section 11A (2) (a) 31
Omit the paragraph. 32
[11] Section 11A (3)-(6) 33
Omit the subsections. Insert instead: 34
(3) There is to be paid from the Supplementary Fund the costs of administering 35
this Act in so far as those costs relate to enrolled student participants of schools 36
and enrolled participants of the Department, including the cost of meeting any 37
claims made by or with respect to enrolled student participants and enrolled 38
participants for benefits under this Act. 39
(4) The Self Insurance Corporation is to ensure that the money in the 40
Supplementary Fund is sufficient to meet the liabilities that are or may be 41
required to be met from time to time by the Supplementary Fund. 42
Page 48
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 9 Amendment of Sporting Injuries Insurance Act 1978 No 141
[12] Sections 11A and 11B 1
Omit "Authority" wherever occurring. Insert instead "Self Insurance Corporation". 2
[13] Section 11B (3) (c) 3
Omit "this Act". Insert instead "the Supplementary Fund". 4
[14] Section 11B (3) (c) 5
Omit ", including any interest paid to the Fund under section 11A (6) during that quarter". 6
[15] Section 12 7
Omit the section. Insert instead: 8
12 Investment 9
(1) The Authority may invest money in the Fund that is not immediately required 10
for the Fund: 11
(a) in such manner as may be authorised by the Public Authorities 12
(Financial Arrangements) Act 1987, or 13
(b) if that Act does not confer power on the Authority to invest money in 14
the Fund--in any other manner approved by the Minister with the 15
concurrence of the Treasurer. 16
(2) The Self Insurance Corporation may invest money in the Supplementary Fund 17
that is not immediately required for the Supplementary Fund: 18
(a) in such manner as may be authorised by the Public Authorities 19
(Financial Arrangements) Act 1987, or 20
(b) if that Act does not confer power on the Self Insurance Corporation to 21
invest money in the Supplementary Fund--in any other manner 22
approved by the Minister administering the NSW Self Insurance 23
Corporation Act 2004 with the concurrence of the Treasurer. 24
[16] Section 16 Determination of premiums 25
Insert after section 16 (2): 26
(2A) Any determination with respect to premiums for payment to the Sporting 27
Injuries Fund has no effect unless it is approved by the State Insurance 28
Regulatory Authority. 29
[17] Section 35A Certain claims against Authority and others 30
Insert after section 35A (1): 31
(1A) A reference in this section to the Authority includes a reference to the Self 32
Insurance Corporation to the extent that this section applies in relation to 33
benefits paid from the Supplementary Fund. 34
[18] Section 35B Liability of concurrent tortfeasors 35
Insert after section 35B (2): 36
(3) A reference in this section to the Authority includes a reference to the Self 37
Insurance Corporation to the extent that this section applies in relation to 38
benefits paid from the Supplementary Fund. 39
Page 49
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 9 Amendment of Sporting Injuries Insurance Act 1978 No 141
[19] Schedule 4A 1
Insert after Schedule 4: 2
Schedule 4A Provisions relating to chief executive 3
(Section 9) 4
1 Term of office 5
Subject to this Schedule, a person appointed as chief executive holds office for 6
such period (not exceeding 5 years) as may be specified in the person's 7
instrument of appointment. 8
2 Remuneration 9
The chief executive is entitled to be paid such remuneration (including 10
travelling and subsistence allowances) as the Minister may determine. 11
3 Vacancy in office of chief executive 12
(1) The office of chief executive becomes vacant if the holder of that office: 13
(a) dies, or 14
(b) completes a term of office and is not re-appointed, or 15
(c) resigns the office by instrument in writing addressed to the Minister, or 16
(d) is removed from office under clause 4, or 17
(e) becomes bankrupt, applies to take the benefit of any law for the relief of 18
bankrupt or insolvent debtors, compounds with his or her creditors or 19
makes an assignment of his or her remuneration for their benefit, or 20
(f) becomes a mentally incapacitated person, or 21
(g) is convicted in New South Wales of an offence that is punishable by 22
imprisonment for 12 months or more or is convicted elsewhere than in 23
New South Wales of an offence that, if committed in New South Wales, 24
would be an offence so punishable. 25
(2) If the office of chief executive becomes vacant, a person is, subject to this Act, 26
to be appointed to fill the vacancy. 27
4 Removal from office 28
The Minister may remove the chief executive from office at any time for any 29
or no stated reason and without notice. 30
5 Acting chief executive 31
(1) The Minister may appoint a person to act in the office of chief executive during 32
the illness or absence of the chief executive or during a vacancy in the office 33
of chief executive. The person, while so acting, has all the functions of the 34
chief executive and is taken to be the chief executive. 35
(2) The Minister may remove a person from any office to which the person was 36
appointed under this clause at any time for any or no stated reason and without 37
notice. 38
(3) A person while acting in the office of chief executive is entitled to be paid such 39
remuneration (including travelling and subsistence allowances) as the 40
Minister may determine in respect of the person. 41
Page 50
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 9 Amendment of Sporting Injuries Insurance Act 1978 No 141
6 Status of chief executive 1
(1) The office of chief executive is a statutory office and the provisions of the 2
Government Sector Employment Act 2013 relating to the employment of 3
Public Service employees do not apply to the chief executive. 4
(2) The chief executive is, for the purposes of section 73 of that Act, taken to be 5
the holder of a position in a government sector agency. 6
Page 51
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 10 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
Schedule 10 Amendment of Workers' Compensation (Dust 1
Diseases) Act 1942 No 14 2
[1] The whole Act (except sections 2 (3) (b) and 7 (1), Schedule 2 and where otherwise 3
amended by this Schedule) 4
Omit "board" and "board's" wherever occurring. 5
Insert instead "Authority" and "Authority's", respectively. 6
[2] Section 3 Definitions 7
Insert in alphabetical order in section 3 (1): 8
Authority means the Workers Compensation (Dust Diseases) Authority 9
constituted under this Act. 10
chief executive means the chief executive of the Authority appointed under 11
this Act. 12
function includes a power, authority or duty, and exercise a function includes 13
perform a duty. 14
ICNSW means Insurance and Care NSW constituted under the State 15
Insurance and Care Governance Act 2015. 16
Medical Assessment Panel means the Medical Assessment Panel appointed 17
under section 7. 18
SIRA means the State Insurance Regulatory Authority constituted under the 19
State Insurance and Care Governance Act 2015. 20
[3] Section 3 (1), definitions of "Board", "Medical authority" and "WorkCover Authority" 21
Omit the definitions. 22
[4] Sections 5-5AB 23
Omit sections 5 and 5AA. Insert instead: 24
5 Constitution and functions of Authority 25
(1) There is constituted by this Act a corporation with the corporate name of the 26
Workers Compensation (Dust Diseases) Authority. 27
(2) The Authority is a NSW Government agency. 28
Note. See section 13A of the Interpretation Act 1987. 29
(3) The Authority has the following functions: 30
(a) to determine claims for compensation under this Act, 31
(b) such other functions as are conferred or imposed on it by or under this 32
or any other Act. 33
5AA Chief executive 34
(1) The Minister is to appoint a person as the chief executive of the Authority. 35
Note. Schedule 1B contains provisions relating to the chief executive of the Authority. 36
(2) The affairs of the Authority are to be managed and controlled by the chief 37
executive. 38
(3) Any act, matter or thing done in the name of, or on behalf of, the Authority by 39
the chief executive is taken to have been done by the Authority. 40
Page 52
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 10 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
5AB Delegation 1
(1) The Authority may delegate to an authorised person any of the functions of the 2
Authority (other than this power of delegation). 3
(2) In this section: 4
authorised person means: 5
(a) a member of staff of Insurance and Care NSW, or 6
(b) any person, or any class of persons, authorised for the purposes of this 7
section by the regulations. 8
[5] Section 6 Constitution of Fund 9
Omit section 6 (1) (g). Insert instead: 10
(g) the investment earnings accruing from the investment of the Fund. 11
[6] Section 6 (2) (b) and (c) 12
Omit the paragraphs. Insert instead: 13
(b) the costs incurred by or on behalf of a NSW Government agency in 14
providing services (including staff and facilities) for or in connection 15
with the compensation scheme established under this Act, 16
(c) the costs (as approved by the Minister administering Part 3 of the State 17
Insurance and Care Governance Act 2015) incurred by the State 18
Insurance Regulatory Authority in exercising functions in connection 19
with that scheme, 20
[7] Sections 6 (2) (d), 7 (except where firstly occurring in section 7 (1) and (1B)), 8 and 21
10 (2) (a) (iva) 22
Omit "medical authority" wherever occurring. Insert instead "Medical Assessment Panel". 23
[8] Section 6 (2AA) 24
Omit the subsection. Insert instead: 25
(2AA) The Authority may invest money in the Fund that is not immediately required 26
for the Fund: 27
(a) in such manner as may be authorised by the Public Authorities 28
(Financial Arrangements) Act 1987, or 29
(b) if that Act does not confer power on the Authority to invest money in 30
the Fund--in any other manner approved by the Minister with the 31
concurrence of the Treasurer. 32
[9] Section 6 (3) 33
Omit "the WorkCover Authority of their determination". 34
Insert instead "ICNSW and SIRA of its determination". 35
[10] Section 6 (4) 36
Omit "in or before the month of May". Insert instead "as required by ICNSW or SIRA". 37
[11] Section 6 (5) (b) and (d) 38
Omit "chairperson of the board" wherever occurring. Insert instead "chief executive". 39
Page 53
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 10 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
[12] Section 6 (5) (c) 1
Omit "the WorkCover Authority". Insert instead "ICNSW and SIRA". 2
[13] Section 6 (6), (7), (7A), (7E), (7F) and (8) 3
Omit "the WorkCover Authority" wherever occurring. Insert instead "SIRA". 4
[14] Section 6 (7) and (7D) 5
Omit "The WorkCover Authority" wherever occurring. Insert instead "SIRA". 6
[15] Section 6 (8) 7
Omit "the Authority". Insert instead "SIRA". 8
[16] Section 6 (10) 9
Omit the subsection. Insert instead: 10
(10) The Authority is to furnish to a relevant body such information as the relevant 11
body may require in regard to any of the following: 12
(a) employment in any industry or process which is of such a nature as to 13
expose the worker to the risk of contracting a dust disease, 14
(b) the compensation paid and payable to workers in such employment, 15
(c) the financial position of the Fund, 16
(d) such other matters arising out of the relevant body's functions under this 17
Act as the body considers will assist it in carrying out its functions. 18
For the purposes of this section, relevant body means ICNSW or SIRA. 19
[17] Section 7 Medical Assessment Panel 20
Omit "The medical authority, for the purposes of this Act, shall be a medical board 21
consisting" from section 7 (1). 22
Insert instead "The Medical Assessment Panel is to consist". 23
[18] Section 7 (1B) 24
Omit the subsection. 25
[19] Section 8H Inspectors 26
Omit the section. 27
[20] Section 8I Appeals 28
Omit section 8I (1). Insert instead: 29
(1) If a person affected by a decision of the Authority or the Medical Assessment 30
Panel in relation to a claim for compensation under this Act is dissatisfied with 31
the decision, the person may appeal against the decision to the District Court 32
in accordance with rules of Court. The District Court has jurisdiction to hear 33
and determine any such appeal. 34
[21] Section 10 Regulations 35
Omit section 10 (2) (b) (iii). 36
Page 54
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 10 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
[22] Schedule 1B 1
Insert after Schedule 1A: 2
Schedule 1B Provisions relating to chief executive 3
(Section 5AA) 4
1 Term of office 5
Subject to this Schedule, a person appointed as chief executive holds office for 6
such period (not exceeding 5 years) as may be specified in the person's 7
instrument of appointment. 8
2 Remuneration 9
The chief executive is entitled to be paid such remuneration (including 10
travelling and subsistence allowances) as the Minister may determine. 11
3 Vacancy in office of chief executive 12
(1) The office of chief executive becomes vacant if the holder of that office: 13
(a) dies, or 14
(b) completes a term of office and is not re-appointed, or 15
(c) resigns the office by instrument in writing addressed to the Minister, or 16
(d) is removed from office under clause 4, or 17
(e) becomes bankrupt, applies to take the benefit of any law for the relief of 18
bankrupt or insolvent debtors, compounds with his or her creditors or 19
makes an assignment of his or her remuneration for their benefit, or 20
(f) becomes a mentally incapacitated person, or 21
(g) is convicted in New South Wales of an offence that is punishable by 22
imprisonment for 12 months or more or is convicted elsewhere than in 23
New South Wales of an offence that, if committed in New South Wales, 24
would be an offence so punishable. 25
(2) If the office of chief executive becomes vacant, a person is, subject to this Act, 26
to be appointed to fill the vacancy. 27
4 Removal from office 28
The Minister may remove the chief executive from office at any time for any 29
or no stated reason and without notice. 30
5 Acting chief executive 31
(1) The Minister may appoint a person to act in the office of chief executive during 32
the illness or absence of the chief executive or during a vacancy in the office 33
of chief executive. The person, while so acting, has all the functions of the 34
chief executive and is taken to be the chief executive. 35
(2) The Minister may remove a person from any office to which the person was 36
appointed under this clause at any time for any or no stated reason and without 37
notice. 38
(3) A person while acting in the office of chief executive is entitled to be paid such 39
remuneration (including travelling and subsistence allowances) as the 40
Minister may determine in respect of the person. 41
Page 55
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 10 Amendment of Workers' Compensation (Dust Diseases) Act 1942 No 14
6 Status of chief executive 1
(1) The office of chief executive is a statutory office and the provisions of the 2
Government Sector Employment Act 2013 relating to the employment of 3
Public Service employees do not apply to the chief executive. 4
(2) The chief executive is, for the purposes of section 73 of that Act, taken to be 5
the holder of a position in a government sector agency. 6
[23] Schedule 2 Savings, transitional and other provisions 7
Insert at the end of clause 1 (1): 8
any other Act that amends this Act 9
[24] Schedule 2 10
Insert after Part 6: 11
Part 7 Provisions consequent on enactment of State 12
Insurance and Care Governance Act 2015 13
15 Abolition of Workers' Compensation (Dust Diseases) Board 14
(1) The Workers' Compensation (Dust Diseases) Board is abolished (the former 15
Board). 16
(2) Each person holding office as a member of the former Board ceases to hold 17
office as such a member on the abolition of the former Board and is not entitled 18
to any remuneration or compensation for the loss of that office. 19
(3) The Authority is a continuation of, and the same legal entity as, the former 20
Board. 21
(4) Without limiting subclause (3), any matter being dealt with, but not finally 22
determined, by the former Board before its abolition may continue to be dealt 23
with by the Authority. 24
16 Existing members of medical authority 25
A person who was a member of the medical authority under section 7 (as in 26
force immediately before the commencement of this clause) is taken to have 27
been appointed as a member of the Medical Assessment Panel on that 28
commencement. 29
Page 56
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 11 Amendment of Workers Compensation (Bush Fire, Emergency and Rescue Services) Act
1987 No 83
Schedule 11 Amendment of Workers Compensation (Bush 1
Fire, Emergency and Rescue Services) Act 1987 2
No 83 3
[1] The whole Act (except where otherwise amended by this Schedule) 4
Omit "Authority" wherever occurring. Insert instead "Self Insurance Corporation". 5
[2] Section 3 Definitions 6
Omit the definition of Authority from section 3 (1). 7
[3] Section 3 (1) 8
Insert in alphabetical order: 9
Self Insurance Corporation means the NSW Self Insurance Corporation 10
constituted by the NSW Self Insurance Corporation Act 2004. 11
[4] Section 19 Bush Fire Fighters Compensation Fund 12
Insert after section 19 (1): 13
(1A) The Bush Fire Fighters Compensation Fund is to be administered by the Self 14
Insurance Corporation. 15
[5] Section 19 (2) (c) 16
Insert at the end of section 19 (2) (b): 17
, and 18
(c) the investment earnings accruing from the investment of the Fund. 19
[6] Section 19 (3) (d) and (e) 20
Insert at the end of section 19 (3) (c): 21
, and 22
(d) all expenses incurred by or on behalf of a NSW Government agency in 23
providing services (including staff and facilities) for or in connection 24
with the compensation scheme established under this Part, and 25
(e) all expenses (as approved by the Minister administering Part 3 of the 26
State Insurance and Care Governance Act 2015) incurred by the State 27
Insurance Regulatory Authority in exercising functions in relation to 28
that scheme. 29
[7] Section 19 (3A) 30
Insert after section 19 (3): 31
(3A) The Self Insurance Corporation may invest money in the Bush Fire Fighters 32
Compensation Fund that is not immediately required for the Fund: 33
(a) in such manner as may be authorised by the Public Authorities 34
(Financial Arrangements) Act 1987, or 35
(b) if that Act does not confer power on the Corporation to invest money in 36
the Fund--in any other manner approved by the Minister with the 37
concurrence of the Treasurer. 38
Page 57
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 11 Amendment of Workers Compensation (Bush Fire, Emergency and Rescue Services) Act
1987 No 83
[8] Section 20 Assessment and payment of contributions to Fund 1
Insert after section 20 (2): 2
(2A) Any such assessment has no effect unless it is approved by the State Insurance 3
Regulatory Authority. 4
[9] Section 31 Emergency and Rescue Workers Compensation Fund 5
Insert after section 31 (1): 6
(1A) The Emergency and Rescue Workers Compensation Fund is to be 7
administered by the Self Insurance Corporation. 8
[10] Section 31 (2) 9
Insert "and any investment earnings accruing from the investment of the Fund" after "the 10
Fund". 11
[11] Section 31 (3) (d) 12
Insert at the end of section 31 (3) (c): 13
, and 14
(d) all expenses incurred by or on behalf of a NSW Government agency in 15
providing services (including staff and facilities) for or in connection 16
with the compensation scheme established under this Part. 17
[12] Section 31 (5) 18
Insert after section 31 (4): 19
(5) The Self Insurance Corporation may invest money in the Emergency and 20
Rescue Workers Compensation Fund that is not immediately required for the 21
Fund: 22
(a) in such manner as may be authorised by the Public Authorities 23
(Financial Arrangements) Act 1987, or 24
(b) if that Act does not confer power on the Corporation to invest money in 25
the Fund--in any other manner approved by the Minister with the 26
concurrence of the Treasurer. 27
[13] Schedule 1 Savings and transitional provisions 28
Insert at the end of clause 1A (1): 29
any other Act that amends this Act 30
Page 58
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 12 Amendment of NSW Self Insurance Corporation Act 2004 No 106
Schedule 12 Amendment of NSW Self Insurance Corporation 1
Act 2004 No 106 2
[1] Section 3 Definitions 3
Insert in alphabetical order: 4
chief executive means the chief executive of the Self Insurance Corporation 5
appointed under this Act. 6
[2] Section 4 Constitution of NSW Self Insurance Corporation 7
Insert after section 4 (2): 8
(3) The Self Insurance Corporation is subject to the control and direction of the 9
Minister in the exercise of its functions. 10
[3] Sections 5 and 6 11
Omit the sections. Insert instead: 12
5 Chief executive of Self Insurance Corporation 13
(1) The Minister is to appoint a person as the chief executive of the Self Insurance 14
Corporation. 15
Note. Schedule 1A contains provisions relating to the chief executive of the 16
Corporation. 17
(2) The affairs of the Self Insurance Corporation are to be managed by the chief 18
executive in accordance with any directions of the Minister. 19
(3) Any act, matter or thing done in the name of, or on behalf of, the Self Insurance 20
Corporation by the chief executive, or with the authority of the chief 21
executive, is taken to have been done by the Self Insurance Corporation. 22
[4] Section 9 23
Omit the section. Insert instead: 24
9 Delegation 25
(1) The Self Insurance Corporation may delegate to an authorised person any of 26
the functions of the Corporation (other than this power of delegation). 27
(2) In this section: 28
authorised person means: 29
(a) a member of staff of Insurance and Care NSW, or 30
(b) any person, or any class of persons, authorised for the purposes of this 31
section by the regulations. 32
[5] Section 11 Self Insurance Fund 33
Insert after section 11 (3): 34
(3A) All expenditure incurred by or on behalf of a NSW Government agency in 35
providing services (including staff and facilities) for or in connection with any 36
Government managed fund scheme is to be paid from the Fund. 37
Page 59
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 12 Amendment of NSW Self Insurance Corporation Act 2004 No 106
[6] Section 12A Home Building Compensation Fund 1
Insert after section 12A (2): 2
(2A) The Self Insurance Corporation may not charge any insurance premium for 3
insurance under the Home Building Compensation Fund that it provides 4
unless the premium has been approved by the State Insurance Regulatory 5
Authority. 6
[7] Section 12A (3) (d1) and (d2) 7
Insert after section 12A (3) (d): 8
(d1) the payment of costs incurred by or on behalf of a NSW Government 9
agency in providing services (including staff and facilities) for or in 10
connection with the insurance scheme established under this section, 11
(d2) the costs (as approved by the Minister administering Part 3 of the State 12
Insurance and Care Governance Act 2015) incurred by the State 13
Insurance Regulatory Authority in exercising functions in connection 14
with that scheme, 15
[8] Section 12C Construction Risks Insurance Fund 16
Insert after section 12C (3) (b): 17
(b1) the payment of costs incurred by or on behalf of a NSW Government 18
agency in providing services for or in connection with the principal 19
arranged construction insurance business of the Self Insurance 20
Corporation, 21
[9] Part 4, Division 4 22
Insert after Division 3 of Part 4: 23
Division 4 General 24
12E Investment strategies for funds 25
The Treasurer may determine investment strategies for the investment of the 26
Self Insurance Fund, the Home Building Compensation Fund and the 27
Construction Risks Insurance Fund. 28
[10] Section 15 29
Omit the section. Insert instead: 30
15 Seal of Corporation 31
The seal of the Self Insurance Corporation is to be kept by the Minister and 32
may be affixed to a document only: 33
(a) in the presence of the Minister, the chief executive or a member of staff 34
of Insurance and Care NSW authorised in that behalf by the Minister, 35
and 36
(b) with an attestation by the signature of the Minister, the chief executive 37
or that member of staff of the fact of the affixing of the seal. 38
Page 60
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 12 Amendment of NSW Self Insurance Corporation Act 2004 No 106
[11] Schedule 1A 1
Insert before Schedule 1: 2
Schedule 1A Provisions relating to chief executive 3
(Section 5) 4
1 Term of office 5
Subject to this Schedule, a person appointed as chief executive holds office for 6
such period (not exceeding 5 years) as may be specified in the person's 7
instrument of appointment. 8
2 Remuneration 9
The chief executive is entitled to be paid such remuneration (including 10
travelling and subsistence allowances) as the Minister may determine. 11
3 Vacancy in office of chief executive 12
(1) The office of chief executive becomes vacant if the holder of that office: 13
(a) dies, or 14
(b) completes a term of office and is not re-appointed, or 15
(c) resigns the office by instrument in writing addressed to the Minister, or 16
(d) is removed from office under clause 4, or 17
(e) becomes bankrupt, applies to take the benefit of any law for the relief of 18
bankrupt or insolvent debtors, compounds with his or her creditors or 19
makes an assignment of his or her remuneration for their benefit, or 20
(f) becomes a mentally incapacitated person, or 21
(g) is convicted in New South Wales of an offence that is punishable by 22
imprisonment for 12 months or more or is convicted elsewhere than in 23
New South Wales of an offence that, if committed in New South Wales, 24
would be an offence so punishable. 25
(2) If the office of chief executive becomes vacant, a person is, subject to this Act, 26
to be appointed to fill the vacancy. 27
4 Removal from office 28
The Minister may remove the chief executive from office at any time for any 29
or no stated reason and without notice. 30
5 Acting chief executive 31
(1) The Minister may appoint a person to act in the office of chief executive during 32
the illness or absence of the chief executive or during a vacancy in the office 33
of chief executive. The person, while so acting, has all the functions of the 34
chief executive and is taken to be the chief executive. 35
(2) The Minister may remove a person from any office to which the person was 36
appointed under this clause at any time for any or no stated reason and without 37
notice. 38
(3) A person while acting in the office of chief executive is entitled to be paid such 39
remuneration (including travelling and subsistence allowances) as the 40
Minister may determine in respect of the person. 41
Page 61
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 12 Amendment of NSW Self Insurance Corporation Act 2004 No 106
6 Status of chief executive 1
(1) The office of chief executive is a statutory office and the provisions of the 2
Government Sector Employment Act 2013 relating to the employment of 3
Public Service employees do not apply to the chief executive. 4
(2) The chief executive is, for the purposes of section 73 of that Act, taken to be 5
the holder of a position in a government sector agency. 6
Page 62
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 13 Amendment of Home Building Act 1989 No 147
Schedule 13 Amendment of Home Building Act 1989 No 147 1
[1] The whole Act (except Schedule 4 and where otherwise amended by this Schedule) 2
Omit "Chief Executive" and "Chief Executive's" wherever occurring. 3
Insert instead "Secretary" and "Secretary's", respectively. 4
[2] Part 6, Division 1 Home Building Compensation Fund Board 5
Omit the Division. 6
[3] Section 91A 7
Omit the section. Insert instead: 8
91A Market practice and claims handling guidelines 9
(1) The State Insurance Regulatory Authority may, with the concurrence of the 10
Minister and the Minister administering the NSW Self Insurance Corporation 11
Act 2004, issue guidelines with respect to appropriate market practices or 12
claims handling procedures (or both) in connection with the provision of 13
insurance under the Home Building Compensation Fund by or on behalf of the 14
Self Insurance Corporation. 15
(2) The State Insurance Regulatory Authority may, with the concurrence of the 16
Minister and the Minister administering the NSW Self Insurance Corporation 17
Act 2004, amend or revoke any guidelines issued under this section. 18
(3) Guidelines issued under this section, or amendments to such guidelines, are to 19
be published in the Gazette and take effect from the date of publication or such 20
later date as may be specified in the guidelines or amendments. 21
[4] Section 102A Register of insurance particulars 22
Omit "Chief Executive of the Office of Finance and Services" from section 102A (1) and 23
(3) wherever occurring. 24
Insert instead "Self Insurance Corporation". 25
[5] Section 102A (1) and (3) 26
Omit "he or she" wherever occurring. Insert instead "the Self Insurance Corporation". 27
[6] Section 115C Functions 28
Omit "or the Fund Board" from section 115C (a). 29
[7] Section 115D Membership of Advisory Council 30
Omit section 115D (1) (a) and (b). 31
[8] Section 144 32
Omit the section. Insert instead: 33
144 Exclusion of personal liability 34
A matter or thing done or omitted to be done by the Secretary, a member of the 35
Advisory Council or a person acting under the direction of the Secretary or the 36
Advisory Council, does not, if the matter or thing was done or omitted in good 37
faith for the purposes of executing this Act, subject the Secretary, the member 38
or a person so acting personally to any action, liability, claim or demand. 39
Page 63
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 13 Amendment of Home Building Act 1989 No 147
[9] Schedule 1 Definitions and other interpretative provisions 1
Omit the definition of Chief Executive from clause 1 (1). Insert in alphabetical order: 2
Secretary means: 3
(a) the Commissioner for Fair Trading, Department of Finance, Services 4
and Innovation, or 5
(b) if there is no such person employed in that Department--the Secretary 6
of the Department of Finance, Services and Innovation. 7
[10] Schedule 1, clause 1 (1), definition of "Fund Board" 8
Omit the definition. 9
[11] Schedule 4 Savings and transitional provisions 10
Insert at the end of the Schedule with appropriate Part and clause numbering: 11
Part Provisions consequent on enactment of State 12
Insurance and Care Governance Act 2015 13
Abolition of Fund Board 14
(1) The Home Building Compensation Fund Board is abolished. 15
(2) Each person holding office as a member of the Fund Board ceases to hold 16
office as such a member on the abolition of the Fund Board and is not entitled 17
to any remuneration or compensation for the loss of that office. 18
[12] Schedule 5, heading 19
Omit "advisory bodies". Insert instead "Advisory Council". 20
[13] Schedule 5, source reference 21
Omit "(Sections 89F and 115D)". Insert instead "(Section 115D)". 22
[14] Schedule 5, clause 1 23
Omit the clause. 24
[15] Schedule 5 25
Omit "an advisory body" and "An advisory body" wherever occurring. 26
Insert instead "the Advisory Council" and "The Advisory Council", respectively. 27
[16] Schedule 5 28
Omit "the advisory body" and "The advisory body" wherever occurring. 29
Insert instead "the Advisory Council" and "The Advisory Council", respectively. 30
[17] Schedule 5 31
Omit "the body" wherever occurring. Insert instead "the Advisory Council". 32
[18] Schedule 5, clause 2 (2) 33
Omit "Fund Board". Insert instead "Advisory Council". 34
Page 64
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 14 Amendment of Work Health and Safety Act 2011 No 10
Schedule 14 Amendment of Work Health and Safety Act 2011 1
No 10 2
[1] Section 4 Definitions 3
Omit the definitions of member of staff and regulator. Insert instead: 4
member of staff of the regulator means: 5
(a) in the case of SafeWork NSW--a person employed in the Department 6
of Finance, Services and Innovation, or 7
(b) in the case of the Secretary of the Department of Industry, Skills and 8
Regional Development--a person employed in that Department. 9
regulator means the regulator established under clause 1 of Schedule 2. 10
[2] Section 4, definition of "SafeWork NSW" 11
Insert in alphabetical order: 12
SafeWork NSW means SafeWork NSW as referred to in clause 1 of 13
Schedule 2. 14
[3] Section 4A Meaning of "regulator" 15
Omit the section. 16
[4] Section 162A Exercise of inspector functions outside area of jurisdiction 17
Omit "the WorkCover Authority" from paragraph (a) of the definition of appropriate 18
authority in section 162A (7). 19
Insert instead "SafeWork NSW". 20
[5] Section 271A Information sharing between regulators 21
Omit "A regulator or a member of staff of a regulator" from section 271A (1). 22
Insert instead "Either one of the regulators or a member of staff of either one of the 23
regulators". 24
[6] Schedule 2 25
Omit the Schedule. Insert instead: 26
Schedule 2 The regulator 27
1 The regulator 28
(1) For the purposes of this Act, the regulator is: 29
(a) the Secretary of the Department of Finance, Services and Innovation, 30
unless paragraph (b) applies, or 31
(b) in relation to matters or the exercise of a power or the performance of a 32
function concerning a mining workplace--the regulator under the Work 33
Health and Safety (Mines) Act 2013 (the mines regulator). 34
(2) The Secretary of the Department of Finance, Services and Innovation is, as the 35
regulator under this Act, to be known as SafeWork NSW. 36
(3) The regulations may prescribe specified powers or functions as powers or 37
functions that can be exercised or performed by SafeWork NSW for both 38
regulators. 39
Page 65
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 14 Amendment of Work Health and Safety Act 2011 No 10
(4) When such a power or function is exercised or performed by SafeWork NSW, 1
it is taken to have been exercised or performed by both SafeWork NSW and 2
the mines regulator. 3
(5) The mines regulator is not prevented from exercising or performing such a 4
power or function in relation to matters concerning a mining workplace. 5
(6) SafeWork NSW is subject to the control and direction of the Minister except 6
in relation to: 7
(a) the contents of any advice, report or recommendation given to the 8
Minister, or 9
(b) any decision that relates to proceedings for offences under this Act, or 10
(c) any decision that relates to a WHS undertaking. 11
Page 66
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
Schedule 15 Amendment of other legislation 1
15.1 Dangerous Goods (Road and Rail Transport) Act 2008 No 95 2
[1] Section 4 Definitions 3
Omit the definition of WorkCover. Insert in alphabetical order: 4
SafeWork NSW means SafeWork NSW as referred to in clause 1 of 5
Schedule 2 to the Work Health and Safety Act 2011. 6
[2] Sections 16 (1) (b), 22, 35 (1) (b), 36 (1) (b) and 45 (1) (b) 7
Omit "WorkCover" wherever occurring. Insert instead "SafeWork NSW". 8
[3] Section 71 Delegation 9
Insert at the end of the section: 10
(2) SafeWork NSW may delegate any of the functions of SafeWork NSW under 11
this Act or the regulations to any person employed in the Department of 12
Finance, Services and Innovation. 13
15.2 Defamation Act 2005 No 77 14
[1] Schedule 1 Additional publications to which absolute privilege applies 15
Omit "WorkCover Authority of New South Wales" from clause 4 (2) (c). 16
Insert instead "State Insurance Regulatory Authority". 17
[2] Schedule 1, clause 5 (c) 18
Omit "Motor Accidents Authority of New South Wales". 19
Insert instead "State Insurance Regulatory Authority". 20
15.3 District Court Act 1973 No 9 21
Section 142P Liaison with State Insurance Regulatory Authority 22
Omit "WorkCover Authority" wherever occurring. 23
Insert instead "State Insurance Regulatory Authority". 24
15.4 Duties Act 1997 No 123 25
Sections 65 (4) and 222 (4) (b) 26
Omit "WorkCover Authority" wherever occurring. 27
Insert instead "State Insurance Regulatory Authority". 28
15.5 Electricity (Consumer Safety) Act 2004 No 4 29
[1] The whole Act (except Schedule 1 and where otherwise amended by this 30
subschedule) 31
Omit "Director-General" and "Director-General's" wherever occurring. 32
Insert instead "Secretary" and "Secretary's", respectively. 33
Page 67
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
[2] Section 3 (1), definitions of "Departmental staff member" and "Director-General" 1
Omit the definitions. Insert in alphabetical order: 2
Secretary means: 3
(a) the Commissioner for Fair Trading, Department of Finance, Services 4
and Innovation, or 5
(b) if there is no person employed as Commissioner for Fair Trading--the 6
Secretary of the Department of Finance, Services and Innovation. 7
[3] Section 38 8
Omit the section. Insert instead: 9
38 Arrangements with other public authorities regarding investigable electrical 10
incidents 11
(1) The Secretary, SafeWork NSW and the Energy Secretary may enter into 12
arrangements regarding any one or more of the following: 13
(a) matters concerning investigable electrical incidents that the Secretary or 14
the Energy Secretary will refer to SafeWork NSW for investigation or 15
other action under the Work Health and Safety Act 2011, 16
(b) matters concerning investigable electrical incidents that the Energy 17
Secretary or SafeWork NSW will refer to the Secretary for investigation 18
or other action under this Act, 19
(c) matters concerning investigable electrical incidents that SafeWork 20
NSW or the Secretary will refer to the Energy Secretary for 21
investigation or other action under the Electricity Supply Act 1995, 22
(d) matters concerning an investigable electrical incident that is the subject 23
of investigation or other action by more than one of the following at the 24
same time: 25
(i) the Secretary, 26
(ii) SafeWork NSW, 27
(iii) the Energy Secretary, 28
(e) the co-operative exercise of the respective functions of the Secretary, 29
SafeWork NSW and the Energy Secretary in respect of investigable 30
electrical incidents. 31
(2) The Secretary, SafeWork NSW and the Energy Secretary are jointly to cause 32
notice of any arrangements entered into under this section to be published in 33
the Gazette as soon as is practicable after they are entered into. However, a 34
failure to publish any such arrangements does not affect their validity. 35
(3) A party to an arrangement entered into under this section: 36
(a) may decline, discontinue or defer an investigation or other action in 37
relation to an investigable electrical incident to give effect to the 38
arrangement, and 39
(b) may disclose any information concerning a matter involving an 40
investigable electrical incident that was duly obtained by that party to 41
another party to the arrangement to which the matter is referred so as to 42
give effect to the arrangement. 43
(4) A party to which a matter is referred under an arrangement entered into under 44
this section may investigate or deal with information obtained in respect of the 45
matter referred in order to give effect to the arrangement. 46
Page 68
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
(5) In this section: 1
Energy Secretary means the Secretary of the Department of Industry, Skills 2
and Regional Development. 3
investigable electrical incident means an accident or other incident: 4
(a) in which electricity is involved, and 5
(b) as a consequence of which a person dies or suffers permanent disability, 6
is hospitalised, receives treatment from a health care professional or is 7
unable to attend work for any period of time. 8
SafeWork NSW means SafeWork NSW as referred to in clause 1 of 9
Schedule 2 to the Work Health and Safety Act 2011. 10
[4] Sections 46 and 50 (3) 11
Omit "Departmental staff member" wherever occurring. 12
Insert instead "person employed in the Department of Finance, Services and Innovation". 13
[5] Section 54 (4), definition of "authorised person" 14
Omit paragraph (b). Insert instead: 15
(b) a person employed in the Public Service, or 16
15.6 Explosives Act 2003 No 39 17
[1] Section 4 Meaning of "regulatory authority" 18
Omit section 4 (1). Insert instead: 19
(1) SafeWork NSW (as referred to in clause 1 of Schedule 2 to the Work Health 20
and Safety Act 2011) is the regulatory authority for the purposes of this Act, 21
except as provided by this section. 22
[2] Section 28A 23
Insert after section 28: 24
28A Delegation by regulatory authority 25
The regulatory authority may delegate any of the regulatory authority's 26
functions under this Act or the regulations (other than this power of 27
delegation) to: 28
(a) any person employed in the Public Service, or 29
(b) any person, or any class of persons, authorised for the purposes of this 30
section by the regulations. 31
[3] Section 30 32
Omit the section. Insert instead: 33
30 Fees to be paid into Workers Compensation Operational Fund 34
Any fees paid to SafeWork NSW as the regulatory authority under this Act or 35
the regulations are to be paid into the Workers Compensation Operational 36
Fund under the Workplace Injury Management and Workers Compensation 37
Act 1998. 38
Page 69
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
15.7 First State Superannuation Act 1992 No 100 1
Schedule 1 Employers 2
Insert at the end of the Schedule: 3
Insurance and Care NSW 4
15.8 Independent Pricing and Regulatory Tribunal Act 1992 No 39 5
Part 3, Division 2A 6
Insert after Division 2: 7
Division 2A WHS matters: investigations and reports 8
12AA Investigation and report by IPART in relation to SafeWork NSW 9
(1) The Tribunal is to conduct an investigation and make a report on such matters 10
relating to the operational costs and expenses of SafeWork NSW as are 11
referred to the Tribunal by the WHS Minister. 12
(2) Any such report is to be provided to the WHS Minister within the period 13
specified by the Minister in the terms of reference to the Tribunal. 14
(3) In this section: 15
SafeWork NSW means SafeWork NSW as referred to in clause 1 of 16
Schedule 2 to the Work Health and Safety Act 2011. 17
WHS Minister means the Minister administering the Work Health and Safety 18
Act 2011. 19
15.9 Mine Safety (Cost Recovery) Act 2005 No 116 20
[1] Section 3 (1) 21
Omit the definition of insurance premiums order. 22
[2] Sections 7 (1) (c) and 10 (11) 23
Omit "WorkCover" wherever occurring. Insert instead "State Insurance Regulatory". 24
[3] Section 10 Contributions to Fund by insurers 25
Omit section 10 (5). 26
[4] Section 10 (7) 27
Omit "(5) or". 28
[5] Section 12 Arrangements for exchanging information and for other matters 29
Omit "WorkCover Authority" where firstly occurring in section 12 (1). 30
Insert instead "State Insurance Regulatory Authority (SIRA)". 31
[6] Section 12 (1) (b)-(f) and (2) 32
Omit "the WorkCover Authority" wherever occurring. Insert instead "SIRA". 33
Page 70
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
[7] Section 13 (4) 1
Omit the subsection. Insert instead: 2
(4) An authorised officer has, for the purposes of exercising any function under 3
subsection (3), the same functions as an inspector (within the meaning of 4
section 238 of the Workplace Injury Management and Workers Compensation 5
Act 1998) has under that section. 6
15.10 Motor Accidents Act 1988 No 102 7
Section 3 (1), definition of "Authority" 8
Omit the definition. Insert instead: 9
Authority means the State Insurance Regulatory Authority constituted under 10
the State Insurance and Care Governance Act 2015. 11
15.11 Passenger Transport Act 2014 No 46 12
Section 170 (6), definition of "relevant agency" 13
Omit paragraph (a). Insert instead: 14
(a) SafeWork NSW as referred to in clause 1 of Schedule 2 to the Work 15
Health and Safety Act 2011, or 16
15.12 Poisons and Therapeutic Goods Act 1966 No 31 17
Section 6 Poisons Advisory Committee 18
Omit section 6 (2) (f). Insert instead: 19
(f) 1 is to be a person nominated by the Secretary of the Department of 20
Finance, Services and Innovation, being a person who is employed in 21
the part of the Department that is principally involved in the 22
administration of the Work Health and Safety Act 2011. 23
15.13 Police Regulation (Superannuation) Act 1906 No 28 24
Section 2H Constitution of Committee 25
Omit "WorkCover" from section 2H (3) (d). Insert instead "State Insurance Regulatory". 26
15.14 Protection of the Environment Operations Act 1997 No 156 27
Section 148 (8), definition of "relevant authority" 28
Omit paragraph (e). Insert instead: 29
(e) SafeWork NSW as referred to in clause 1 of Schedule 2 to the Work 30
Health and Safety Act 2011, 31
Page 71
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
15.15 Public Finance and Audit Act 1983 No 152 1
[1] Schedule 2 Statutory bodies 2
Insert in alphabetical order: 3
Insurance and Care NSW 4
Sporting Injuries Compensation Authority 5
State Insurance Regulatory Authority 6
Workers Compensation (Dust Diseases) Authority 7
[2] Schedule 2 8
Omit the following: 9
Motor Accidents Authority of New South Wales 10
WorkCover Authority 11
Workers' Compensation (Dust Diseases) Board 12
15.16 Radiation Control Act 1990 No 13 13
Section 29 Radiation Advisory Council 14
Omit section 29 (2) (n). Insert instead: 15
(n) a person nominated by the Secretary of the Department of Finance, 16
Services and Innovation and who is employed in the part of the 17
Department that is principally involved in the administration of the 18
Work Health and Safety Act 2011, and 19
15.17 Rural Workers Accommodation Act 1969 No 34 20
[1] Section 3 Definitions 21
Omit the definition of WorkCover. Insert in alphabetical order: 22
SafeWork NSW means SafeWork NSW as referred to in clause 1 of Schedule 23
2 to the Work Health and Safety Act 2011. 24
[2] Sections 10-13 25
Omit "WorkCover" wherever occurring. Insert instead "SafeWork NSW". 26
[3] Section 15A 27
Insert after section 15: 28
15A Delegation by SafeWork NSW 29
SafeWork NSW may delegate any of the functions of SafeWork NSW under 30
this Part to any person employed in the Department of Finance, Services and 31
Innovation. 32
Page 72
State Insurance and Care Governance Bill 2015 [NSW]
Schedule 15 Amendment of other legislation
15.18 State Authorities Non-contributory Superannuation Act 1987 No 212 1
Schedule 1 Employers 2
Insert at the end of Part 1 of Schedule 1: 3
Insurance and Care NSW 4
15.19 State Authorities Superannuation Act 1987 No 211 5
Schedule 1 Employers 6
Insert at the end of Part 1 of Schedule 1: 7
Insurance and Care NSW 8
15.20 Statutory and Other Offices Remuneration Act 1975 (1976 No 4) 9
Schedule 1 Public offices 10
Omit "WorkCover Independent Review Officer". 11
Insert instead "Workers Compensation Independent Review Officer". 12
15.21 Superannuation Act 1916 No 28 13
[1] Schedule 3 List of employers 14
Insert at the end of Part 1 of Schedule 3: 15
Insurance and Care NSW 16
[2] Schedule 26 17
Omit the following from Part 1 of Schedule 26: 18
Motor Accidents Authority 19
WorkCover Authority 20
15.22 Taxation Administration Act 1996 No 97 21
Section 82 Permitted disclosures--to particular persons 22
Omit "WorkCover" from section 82 (k) (vii). Insert instead "State Insurance Regulatory". 23
15.23 Work Health and Safety Regulation 2011 24
Clause 703 Regulatory action where either SafeWork NSW or mines regulator is the 25
regulator 26
Omit "section 4A of the Act". Insert instead "clause 1 of Schedule 2 to the Act". 27
Page 73
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