New South Wales Consolidated Acts

SPORTING INJURIES INSURANCE ACT 1978 - SECT 5A

5A Insurance exemption for sporting organisations

(1) The Authority may grant a sporting organisation an
"insurance exemption" if satisfied that the organisation will have adequate private insurance for the period for which the exemption will be in force.

(2) An insurance exemption operates as follows--

(a) a premium is not payable under Part 4 by the sporting organisation in respect of the period for which the exemption is in force,

(b) no benefits are payable under this Act in respect of an injury suffered by a registered participant of the sporting organisation, or in respect of the death of a person as a consequence of an injury suffered by the person as such a registered participant, during the period for which the exemption is in force,

(c) the exemption does not affect the operation of paragraph (d) of the definition of
"worker" in section 4 of the Workplace Injury Management and Workers Compensation Act 1998 in respect of a registered participant of the organisation.

(3) A sporting organisation has
"adequate private insurance" for the period for which an insurance exemption will be in force if--

(a) a policy of insurance provides for payment of benefits, or indemnification of the sporting organisation in connection with a liability to pay benefits, in respect of an injury suffered by a registered participant of the sporting organisation, or in respect of the death of a person as a consequence of an injury suffered by the person as such a registered participant, during the period for which the exemption will be in force, and

(b) those benefits are of no lesser amount than the benefits that would be payable under this Act in respect of the injury or death, and

(c) the insurer under the policy of insurance is a body corporate that is authorised to carry on insurance business under the Insurance Act 1973 of the Commonwealth.

(4) An insurance exemption may be granted for a period of up to 12 months and may be granted by way of renewal or further renewal for a further period or further periods of up to 12 months.

(5) On each occasion of the grant or renewal of an insurance exemption, there is payable by the sporting organisation a levy of 10% of the amount that the Authority determines to be the amount that would otherwise be determined for and payable by the organisation as premium under Part 4 in respect of the period for which the insurance exemption will be in force.

(6) The levy is due and payable as required by a notice sent to the sporting organisation by the Authority. If the levy is not paid as required by the notice, the insurance exemption is of no effect while the levy remains unpaid.

(7) A levy payable under this section is payable to the Authority for payment into the Fund.

(8) The Authority must cancel an insurance exemption by notice in writing to the sporting organisation if the Authority is satisfied that the organisation does not or will not have adequate private insurance for any period for which the exemption is in force.

(9) The Authority may cancel an insurance exemption by notice in writing to the sporting organisation for any other reason that the Authority considers sufficient. The Authority must first give the sporting organisation a reasonable opportunity to make written submissions to the Authority on the matter.