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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
NSW Self Insurance Corporation Bill
2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Establishment of Self Insurance Corporation
4 Constitution of NSW Self Insurance Corporation 3
5 Management of Self Insurance Corporation 3
6 Staff of Self Insurance Corporation 3
Part 3 Functions of Self Insurance Corporation
7 General functions 4
8 Specific functions in relation to Government managed fund
schemes 4
9 Delegation of functions 4
NSW Self Insurance Corporation Bill 2004
Contents
Page
10 Ownership of records 4
Part 4 Finance
11 Self Insurance Fund 6
12 Investment of money in Fund 7
Part 5 Miscellaneous
13 Regulations 8
14 Nature of proceedings for offences 8
15 Seal of Corporation 8
16 Savings, transitional and other provisions 8
17 Amendment of Acts and Regulations 8
18 Review of Act 8
Schedule 1 Savings, transitional and other provisions 9
Schedule 2 Amendment of Acts and Regulations 10
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
NSW Self Insurance Corporation Bill
2004
Act No , 2004
An Act to reconstitute the NSW Insurance Ministerial Corporation as the NSW Self
Insurance Corporation and to clarify its functions; and for related purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 NSW Self Insurance Corporation Bill 2004
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the NSW Self Insurance Corporation Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
In this Act:
exercise a function includes perform a duty.
function includes a power, authority or duty.
Government managed fund scheme means an arrangement under
which workers compensation, motor vehicle accident, public and other
liabilities of the State or an authority of the State:
(a) are managed as a self insurance scheme (including the collection
of contributions from the State or an authority of the State
towards the cost of claims), and
(b) are paid, or otherwise settled, by the State or by the Self Insurance
Corporation on behalf of the State or an authority of the State.
Self Insurance Corporation means the corporation constituted under
section 4.
Page 2
NSW Self Insurance Corporation Bill 2004 Clause 4
Establishment of Self Insurance Corporation Part 2
Part 2 Establishment of Self Insurance Corporation
4 Constitution of NSW Self Insurance Corporation
(1) There is constituted by this Act a corporation with the corporate name
of NSW Self Insurance Corporation.
(2) The Self Insurance Corporation is, for the purposes of any Act, a
statutory body representing the Crown.
5 Management of Self Insurance Corporation
(1) The affairs of the Self Insurance Corporation are to be managed by the
Minister.
(2) Any act, matter or thing done in the name of, or on behalf of, the Self
Insurance Corporation by the Minister, or with the authority of the
Minister, is taken to have been done by the Self Insurance Corporation.
6 Staff of Self Insurance Corporation
(1) The Self Insurance Corporation may arrange for the use of the services
of any staff or facilities of any government department or public or local
authority.
(2) For the purpose of this Act, any such staff are taken to be staff of the
Self Insurance Corporation.
Page 3
Clause 7 NSW Self Insurance Corporation Bill 2004
Part 3 Functions of Self Insurance Corporation
Part 3 Functions of Self Insurance Corporation
7 General functions
(1) The Self Insurance Corporation has the functions conferred or imposed
on it by or under this or any other Act or law.
(2) Without limiting subsection (1), the Self Insurance Corporation has the
functions imposed on it under section 211B of the Workers
Compensation Act 1987 and sections 26 and 27 of the Government
Insurance Office (Privatisation) Act 1991.
8 Specific functions in relation to Government managed fund schemes
The Self Insurance Corporation has the following functions with respect
to Government managed fund schemes:
(a) to operate one or more Government managed fund schemes
(including the function of establishing, reorganising,
amalgamating, dividing or winding up such schemes),
(b) to enter into agreements or arrangements with other persons to
provide services (as agents or otherwise) in relation to the
operation of any Government managed fund scheme,
(c) to enter into insurance or other agreements or arrangements to
cover the liabilities to which a Government managed fund
scheme applies,
(d) to act for the State or an authority of the State in dealing with
claims under a Government managed fund scheme (including the
recovery of amounts payable to the State or an authority of the
State in connection with such claims).
9 Delegation of functions
The Self Insurance Corporation may delegate to any person the exercise
of any of its functions, other than this power of delegation.
10 Ownership and control of records
(1) Subject to the regulations, all records (within the meaning of the State
Records Act 1998) made and kept, or received and kept, by an agent or
other person in the exercise of functions on behalf of the Self Insurance
Corporation are the property of the Self Insurance Corporation.
(2) The Self Insurance Corporation may give directions to such an agent or
other person with respect to the possession, custody and control of, and
the granting of access to, those records.
Page 4
NSW Self Insurance Corporation Bill 2004 Clause 10
Functions of Self Insurance Corporation Part 3
(3) A person must not, without reasonable excuse, fail to comply with any
such direction given by the Self Insurance Corporation to the agent or
person.
Maximum penalty: 100 penalty units.
Page 5
Clause 11 NSW Self Insurance Corporation Bill 2004
Part 4 Finance
Part 4 Finance
11 Self Insurance Fund
(1) There is to be established in the Special Deposits Account a Self
Insurance Fund (the Fund) into which is to be paid:
(a) all money received by the Self Insurance Corporation as
contributions from the State or an authority of the State towards
the cost of claims, and
(b) all money recovered by the Self Insurance Corporation from
insurers, third parties or other persons in connection with claims
to which a Government managed fund scheme applies, and
(c) all money advanced to the Self Insurance Corporation by the
Minister or appropriated by Parliament for the purposes of the
Self Insurance Corporation, and
(d) all money directed or authorised to be paid into the Fund by or
under this or any other Act, and
(e) the proceeds of the investment of money in the Fund, and
(f) all money received by the Self Insurance Corporation from any
other source.
(2) The Fund is to be applied for the purpose of enabling the Self Insurance
Corporation to exercise its functions, including but not limited to the
following:
(a) payment of claims to which a Government managed fund scheme
applies,
(b) payment of Government managed fund scheme administration
expenses,
(c) payment of the costs (including disbursements) of risk
management, actuarial and legal services provided in connection
with Government managed fund schemes,
(d) payments to provide incentives to authorities of the State to
enhance the management of liabilities,
(e) payment of contributions by the Self Insurance Corporation made
in accordance with an arrangement entered into under section
211B (3) of the Workers Compensation Act 1987.
(3) All expenditure incurred by the Self Insurance Corporation is to be paid
from the Fund.
Page 6
NSW Self Insurance Corporation Bill 2004 Clause 12
Finance Part 4
12 Investment of money in Fund
The Self Insurance Corporation may invest money in the Self Insurance
Fund:
(a) in the manner authorised by the Public Authorities (Financial
Arrangements) Act 1987, or
(b) if that Act does not confer power on the Self Insurance
Corporation to invest the money, in any other manner approved
by the Minister.
Page 7
Clause 13 NSW Self Insurance Corporation Bill 2004
Part 5 Miscellaneous
Part 5 Miscellaneous
13 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) A regulation may create offences with a maximum penalty not
exceeding 50 penalty units.
14 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily before a Local Court.
15 Seal of Corporation
The seal of the Self Insurance Corporation is to be kept by the Minister
and may be affixed to a document only:
(a) in the presence of the Minister or a member of the staff of the
Corporation authorised in that behalf by the Minister, and
(b) with an attestation by the signature of the Minister or that
member of staff of the fact of the affixing of the seal.
16 Savings, transitional and other provisions
Schedule 1 has effect.
17 Amendment of Acts and Regulations
The Acts and Regulations specified in Schedule 2 are amended as set
out in that Schedule.
18 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 5
years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 8
NSW Self Insurance Corporation Bill 2004
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 16)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Continuation of NSW Insurance Ministerial Corporation
The NSW Self Insurance Corporation is a continuation of, and the same
legal entity as, the NSW Insurance Ministerial Corporation that was
constituted by the Government Insurance Office (Privatisation) Act
1991.
3 Continuation of NSW Treasury Managed Fund
Nothing in this Act affects the continuation of the NSW Treasury
Managed Fund, except that the NSW Treasury Managed Fund is taken
to be a Government managed fund scheme subject to this Act.
Page 9
NSW Self Insurance Corporation Bill 2004
Schedule 2 Amendment of Acts and Regulations
Schedule 2 Amendment of Acts and Regulations
(Section 17)
2.1 Government Insurance Office (Privatisation) Act 1991 No 38
[1] Section 4 Definitions
Omit the definition of Ministerial Corporation from section 4 (1).
[2] Section 4 (1)
Insert in alphabetical order:
Self Insurance Corporation means the NSW Self Insurance
Corporation constituted by the NSW Self Insurance Corporation
Act 2004.
[3] Sections 16 (2) (b), 24 (1), 27 and 38 (1) (b) and (c)
Omit "Ministerial Corporation" wherever occurring.
Insert instead "Self Insurance Corporation".
[4] Section 26 Self Insurance Corporation etc may sell excluded
undertaking or retain it
Omit "Ministerial Corporation" from section 26 (1).
Insert instead "Self Insurance Corporation".
[5] Section 28 Constitution, management and functions of NSW Insurance
Ministerial Corporation
Omit the section.
2.2 Motor Accidents Act 1988 No 102
[1] Section 3 Definitions
Omit the definition of Ministerial Corporation from section 3 (1).
[2] Section 3 (1)
Insert in alphabetical order:
Self Insurance Corporation means the NSW Self Insurance
Corporation constituted by the NSW Self Insurance Corporation
Act 2004.
Page 10
NSW Self Insurance Corporation Bill 2004
Amendment of Acts and Regulations Schedule 2
[3] Sections 66A (7) (a), 139 (2), 140 (1) (a) and (b1), 141 (1) (a1) and (b), 142,
144 (1), 145B (1), 146A (1), 147A and 147B (1) and the Table to section
145A (2)
Omit "Ministerial Corporation" wherever occurring.
Insert instead "Self Insurance Corporation".
[4] Section 149 Payment of short-fall levies to Self Insurance Corporation
Omit "Ministerial Corporation" wherever occurring.
Insert instead "Self Insurance Corporation".
2.3 Motor Accidents Compensation Act 1999 No 41
Section 120 Claims register
Omit "NSW Insurance Ministerial Corporation constituted under Part 5 of the
Government Insurance Office (Privatisation) Act 1991" from section 120 (4).
Insert instead "NSW Self Insurance Corporation constituted under the NSW
Self Insurance Corporation Act 2004".
2.4 Public Authorities (Financial Arrangements) Regulation
2000
[1] Schedule 3 Authorities having Part 4 investment powers
Omit "NSW Insurance Ministerial Corporation".
Insert instead "NSW Self Insurance Corporation".
[2] Schedule 4 Authorities specifically included
Omit "NSW Insurance Ministerial Corporation".
Insert instead "NSW Self Insurance Corporation".
2.5 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Insert in alphabetical order:
NSW Self Insurance Corporation
Page 11
NSW Self Insurance Corporation Bill 2004
Schedule 2 Amendment of Acts and Regulations
2.6 Public Finance and Audit Regulation 2000
[1] Clause 20 Prescribed statutory bodies under Division 4 of Part 3 of the
Act
Omit clause 20 (1) (l).
[2] Clause 21 Particular audit of the NSW Treasury Managed Fund
Omit the clause.
2.7 Workers Compensation Act 1987 No 70
Sections 151Y (9), 176 (3A), 211B (2) and (3) and 221 (10) (b)
Omit "Insurance Ministerial Corporation" wherever occurring.
Insert instead "Self Insurance Corporation".
2.8 Workplace Injury Management and Workers Compensation
Act 1998 No 86
[1] Section 4 Definitions
Omit the definition of Insurance Ministerial Corporation from section 4 (1).
[2] Section 4 (1)
Insert in alphabetical order:
Self Insurance Corporation means the NSW Self Insurance
Corporation constituted by the NSW Self Insurance Corporation
Act 2004.
[3] Section 72 Inspection of relevant claims information
Omit "Insurance Ministerial Corporation" from the definition of insurer in
section 72 (3).
Insert instead "Self Insurance Corporation".
Page 12
NSW Self Insurance Corporation Bill 2004
Amendment of Acts and Regulations Schedule 2
2.9 Workplace Injury Management and Workers Compensation
Regulation 2002
Clauses 5 and 7
Omit "Insurance Ministerial Corporation" wherever occurring.
Insert instead "Self Insurance Corporation".
Page 13
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