New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2014 - REG 49

49 Insurance appeals

(1) An appeal against a decision of an insurer that is a building claim made under Part 3A of the Act or a claim under the Consumer Claims Act 1998 must be made not later than 45 days after written notice of the decision is given to the beneficiary.

(2) Nothing in subclause (1) limits the time within which an appeal may be made if a claim is taken to have been refused because of the operation of clause 48 and written notice of a decision has not been given to the beneficiary.

(3) However, an appeal may, with the leave of the Tribunal or court, be lodged with the principal registrar of the Tribunal or court after the end of the period referred to in subclause (1), if--

(a) an application is made to the Tribunal or court for leave to lodge the appeal out of time, and

(b) in the opinion of the Tribunal or court, there are special circumstances to grant leave, and

(c) the Tribunal or court grants leave.

(4) Without limiting the type of circumstances that may be considered special circumstances, the time taken for a decision to be reviewed by the insurer is a factor in determining special circumstances.