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Contents (1989 - 147)
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Home Building Act 1989 No 147
Historical version for 8 July 2016 to 24 October 2016 (accessed 20 August 2019 at 18:38) Current version
Part 6
Part 6 Insurance under Home Building Compensation Fund
Division 1
89E–89G  (Repealed)
Division 2 Insurance
90   Definitions
(1)  In this Part:
contractor means a person required by section 92 to enter into a contract of insurance.
insolvent means:
(a)  in relation to an individual, that the individual is insolvent under administration (within the meaning of the Corporations Act 2001 of the Commonwealth), or
(b)  in relation to a corporation, that the corporation is an externally-administered body corporate.
(2)  A reference in this Part to the disappearance of a contractor, supplier or owner-builder is a reference to disappearance from Australia and includes a reference to the fact that, after due search and inquiry, the contractor, supplier or owner-builder cannot be found in Australia.
91   When Part applies
(1)  This Part, as amended by the Building Services Corporation Legislation Amendment Act 1996, applies to residential building work or owner-builder work only to the extent that it is done or is to be done or has been done under a contract made on or after the date of commencement of this section or, if it is done otherwise than under a contract, only to the extent that it is commenced on or after that commencement.
(2)    (Repealed)
91A   Market practice and claims handling guidelines
(1)  The State Insurance Regulatory Authority may, with the concurrence of the Minister and the Minister administering the NSW Self Insurance Corporation Act 2004, issue guidelines with respect to appropriate market practices or claims handling procedures (or both) in connection with the provision of insurance under the Home Building Compensation Fund by or on behalf of the Self Insurance Corporation.
(2)  The State Insurance Regulatory Authority may, with the concurrence of the Minister and the Minister administering the NSW Self Insurance Corporation Act 2004, amend or revoke any guidelines issued under this section.
(3)  Guidelines issued under this section, or amendments to such guidelines, are to be published in the Gazette and take effect from the date of publication or such later date as may be specified in the guidelines or amendments.
92   Contract work must be insured
(1)  A person must not do residential building work under a contract unless:
(a)  a contract of insurance that complies with this Act is in force in relation to that work in the name under which the person contracted to do the work, and
(b)  a certificate of insurance evidencing the contract of insurance, in a form prescribed by the regulations, has been provided to the other party (or one of the other parties) to the contract.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(2)  A person must not demand or receive a payment under a contract for residential building work (whether as a deposit or other payment and whether or not work under the contract has commenced) from any other party to the contract unless:
(a)  a contract of insurance that complies with this Act is in force in relation to that work in the name under which the person contracted to do the work, and
(b)  a certificate of insurance evidencing the contract of insurance, in a form prescribed by the regulations, has been provided to the other party (or one of the other parties) to the contract.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(2A)  An individual who is convicted of a second or subsequent offence under subsection (1) or (2) is liable to a penalty not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months, or both.
(3)  This section does not apply if the contract price does not exceed the amount prescribed by the regulations for the purposes of this section or (if the contract price is not known) the reasonable market cost of the labour and materials involved does not exceed that amount.
(4)  If the same parties enter into two or more contracts to carry out work in stages, the contract price for the purposes of subsection (3) is taken to be the sum of the contract prices under each of the contracts.
(5)  A contract of insurance that is in force in compliance with this section in relation to residential building work (the original work) done by a person extends to any residential building work done by the person by way of rectification of the original work.
Note.
 Accordingly, this section does not require a separate contract of insurance in relation to the rectification work.
(6)  To avoid doubt, this section extends to residential building work that is also owner-builder work (when the work is done under a contract between the person who contracts to do the work and the owner-builder).
92A   Notification of insurer
The holder of a contractor licence who enters into a contract to do residential building work that is the subject of a contract of insurance for the purposes of this Act must inform the insurer under that contract of the following particulars:
(a)  the identity of the contractor and of the other party to the contract, and
(b)  the address of the premises where the residential building work will be done, and
(c)  any other matters relevant to the contract, being matters prescribed by the regulations.
Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.
92B   (Repealed)
92C   Operation of contract of insurance in relation to non-contracting owners
(1)  If the holder of a contractor licence enters into a contract to do residential building work on land and a contract of insurance that complies with this Act is in force in relation to that work, the benefit of the contract of insurance is taken to extend (and to have always extended) to any non-contracting owner in relation to the land at the time the contract to do residential building work was entered into as if the non-contracting owner were a person on whose behalf the work is done.
(2)  Subsection (1) applies irrespective of whether or not the contract of insurance concerned contains a term to the same effect as that subsection.
93–93B   (Repealed)
94   Effect of failure to insure residential building work
(1)  If a contract of insurance required by section 92 is not in force, in the name of the person who contracted to do the work, in relation to any residential building work done under a contract (the uninsured work), the contractor who did the work:
(a)  is not entitled to damages, or to enforce any other remedy in respect of a breach of the contract committed by any other party to the contract, in relation to that work, and
(b)  is not entitled to recover money in respect of that work under any other right of action (including a quantum meruit).
(1A)  Despite section 92 (2) and subsection (1), if a court or tribunal considers it just and equitable, the contractor, despite the absence of the required contract of insurance, is entitled to recover money in respect of that work on a quantum meruit basis.
(1B)  A contractor who applies to a court or tribunal for a remedy under this section, or who is awarded money under this section, is not guilty of an offence under section 92 (2) by virtue only of that fact.
(1C)  Without limiting the factors that a court or tribunal may consider in deciding what is just and equitable under subsection (1A):
(a)  in relation to any contract—the court or tribunal may have regard to the impact on the resale price of the property if no contract of insurance is provided, and
(b)  in relation only to a contract entered into before 30 July 1999—the court or tribunal is not to be limited by the fact that the required contract of insurance was not obtained until after the date of the contract.
(2)  However, the contractor remains liable for damages and subject to any other remedy in respect of any breach of the contract committed by the contractor.
(3)  Residential building work that is uninsured work at the time the work is done ceases to be uninsured work for the purposes of this section if the required contract of insurance for the work is subsequently obtained.
(4)  If a person commenced residential building work before 30 July 1999 and entered into a contract of insurance that complies with this Act in relation to that work after the contract for the residential building work was entered into, that contract of insurance is, for the purposes of this section or any previous version of this section, taken to have been in force in relation to the residential building work done under the contract for the residential building work whether that work was done before or after the contract of insurance was entered into.
Note.
 If a contract of insurance is in force in relation to part of the residential building work, this section applies only in relation to the part of the work that is not insured.
94A   (Repealed)
95   No insurance for owner-builder work
(1)  A contract of insurance under this Part cannot be entered into in relation to owner-builder work carried out or to be carried out by a person as an owner-builder.
Note.
 Insurance under the Home Building Compensation Fund cannot be offered or obtained for owner-builder work done by an owner-builder. This does not affect the requirement of section 92 for insurance to be obtained for owner-builder work done under a contract.
(2)  A person who is the owner of land in relation to which an owner-builder permit was issued must not enter into a contract for the sale of the land unless the contract includes a conspicuous note (a consumer warning) stating:
(a)  that an owner-builder permit was issued in relation to the land (specifying the date on which it was issued), and
(b)  work done under an owner-builder permit is not required to be insured under this Act unless the work was done by a contractor to the owner-builder.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(3)  The requirement for a contract of sale to include a consumer warning does not apply:
(a)  to a sale of land more than 7 years and 6 months after the owner-builder permit was issued, or
(b)  if the reasonable market cost of the labour and materials involved does not exceed the amount prescribed by the regulations for the purposes of this section, or
(c)  if the owner-builder work carried out under the owner-builder permit is of a class prescribed by the regulations.
(4)  The requirement for a contract of sale to include a consumer warning applies to a person as the owner of land whether the person is the person to whom the owner-builder permit was issued or a successor in title to that person.
(5)  If a person contravenes this section in respect of a contract, the contract is voidable at the option of the purchaser before the completion of the contract.
Note.
 Prior to its amendment by the Home Building Amendment Act 2014, section 95 required an owner-builder to obtain insurance under this Part before selling the land concerned. Schedule 4 provides for the continued application of the previous requirements of section 95 to sales of land before the amendment to that section.
96   Insurance in relation to residential building work not carried out under contract
(1)  A person must not do residential building work otherwise than under a contract unless a contract of insurance that complies with this Act is in force in relation to that work.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(2)  A person who does residential building work otherwise than under a contract must not enter into a contract for the sale of land on which the residential building work has been done, or is to be done, unless a certificate of insurance evidencing the contract of insurance required under this Part for that work, in a form prescribed by the regulations, is attached to the contract of sale.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(2A)    (Repealed)
(2B)  A person who does residential building work otherwise than under a contract must, before entering into a contract for sale of land on which the residential building work has been done, or is to be done, give the other party to the contract a brochure, in a form approved by the Secretary, containing information that explains the operation of the contract of insurance, and the procedure for the resolution of disputes under the contract.
Maximum penalty: 40 penalty units in the case of a corporation and 20 penalty units in any other case.
(3)  This section does not apply:
(a)  to a person who does owner-builder work (whether as the holder of an owner-builder permit or for the holder of such a permit), or
(b)    (Repealed)
(c)  to an individual who is exempted by the regulations from the requirements of section 12, or
(d)  to a sale of the land more than 6 years after the completion of the work, or
(e)  if the reasonable market cost of the labour and materials involved does not exceed the amount prescribed by the regulations for the purposes of this section.
(f)    (Repealed)
(3A)  Subject to subsection (3B), if a person contravenes subsection (2) in respect of a contract for the sale of land, the contract is voidable at the option of the purchaser before the completion of the contract.
(3B)  A contract is not voidable as referred to in subsection (3A) if:
(a)  the person obtained a certificate of insurance evidencing a contract of insurance that complies with this Act in relation to the residential building work before entering the contract concerned, and
(b)  before completion of the contract, the person served on the purchaser (or an Australian legal practitioner acting on the purchaser’s behalf) a certificate of insurance, in the form prescribed by the regulations, evidencing that contract of insurance.
(4)  A contract of insurance that is in force in compliance with this section in relation to residential building work (the original work) done by a person extends to any residential building work done by the person by way of rectification of the original work.
Note.
 Accordingly, this section does not require a separate contract of insurance in relation to the rectification work.
96A   Obligations of developers in relation to insurance
(1)  A developer must not enter into a contract for the sale of land on which residential building work has been done, or is to be done, on the developer’s behalf unless a certificate of insurance evidencing the contract of insurance required under section 92 by the person who did or does the work for the developer, in a form prescribed by the regulations, is attached to the contract of sale.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(1A)  A developer must, before entering into a contract, give the other party to the contract a brochure, in a form approved by the Secretary, containing information that explains the operation of the contract of insurance, and the procedure for the resolution of disputes under the contract.
Maximum penalty: 40 penalty units in the case of a corporation and 20 penalty units in any other case.
(2)  Despite anything to the contrary in section 3A, a reference in this Part to a person who does residential building work:
(a)  does not include a reference to a developer, and
(b)  includes a reference to a person who does the work on behalf of a developer.
(3)  Subject to subsection (3A), if a person contravenes subsection (1) in respect of a contract, the contract is voidable at the option of the purchaser before the completion of the contract.
(3A)  A contract is not voidable as referred to in subsection (3) if:
(a)  the person obtained a certificate of insurance evidencing a contract of insurance that complies with this Act in relation to the residential building work before entering the contract concerned, and
(b)  before completion of the contract, the person served on the purchaser (or an Australian legal practitioner acting on the purchaser’s behalf) a certificate of insurance, in the form prescribed by the regulations, evidencing that contract of insurance.
(4)  This section does not apply to a sale of the land more than 6 years after the completion of the work.
96B   Obligations of sellers of excluded dwellings (houses and units used for commercial purposes)
(1)  A contract for the sale of land comprising a house or unit that is excluded from the definition of dwelling in this Act because it was designed, constructed or adapted for commercial use as tourist, holiday or overnight accommodation must contain the warning required by this section if work has been done on the land in the previous 6 years that would have been residential building work had the house or unit not been excluded from the definition of dwelling.
(2)  The warning required by this section is a prominent statement to the effect that the property does not have the protection of the Home Building Act 1989.
(3)  A person must not as vendor enter into a contract for the sale of land that is required to contain a warning under this section unless the contract contains the required warning.
Maximum penalty: 1,000 penalty units in the case of a corporation and 200 penalty units in any other case.
(4)  If a person contravenes this section in respect of a contract, the contract is voidable at the option of the purchaser before the completion of the contract.
97   Exemptions from insurance requirements
(1)  A person may apply to the Secretary to be exempted from the operation of a provision of section 96 in a particular case.
(1A)  A person may apply to the Secretary to be exempted from the operation of any other provision of this Part, but only if:
(a)  the person is, or is a member of a class of persons who are, prescribed as entitled to apply for the exemption, or
(b)  circumstances prescribed by the regulations as entitling the making of an application apply to the person.
(2)  The Secretary may, by notice in writing, grant an exemption under this section, either unconditionally or subject to conditions, if satisfied that:
(a)  there are exceptional circumstances, or
(b)  full compliance is impossible or would cause undue hardship.
(3)  An exemption under this section operates to exempt the person from the operation of the provision concerned, subject to compliance with any conditions of the exemption.
98   Employees and others not required to insure
(1)  Nothing in this Part:
(a)  requires a person who carries out work for a person required by this Part to obtain insurance in respect of that work to obtain insurance, or
(b)  makes the first-mentioned person liable for an offence for failing to do so.
(2)  Subsection (1) does not apply in the case of a person who contracts to do owner-builder work on behalf of an owner-builder. Such a person must insure that work if otherwise required to do so by section 92.
99   Requirements for insurance for residential building work done under contract
(1)  A contract of insurance in relation to residential building work required by section 92 must insure:
(a)  a person on whose behalf the work is being done against the risk of loss resulting from non-completion of the work because of the insolvency, death or disappearance of the contractor, and
(b)  a person on whose behalf the work is being done and the person’s successors in title against the risk of being unable, because of the insolvency, death or disappearance of the contractor:
(i)  to have the contractor rectify a breach of a statutory warranty in respect of the work, or
(ii)  to recover compensation from the contractor for any such breach.
(2)  Subsection (1) does not require the following to be insured:
(a)  a developer on whose behalf residential building work is being done,
(b)  any other person belonging to a class of persons prescribed by the regulations for the purposes of this section.
(2A)  A provision of a contract of insurance providing cover for the benefit of a person on whose behalf work is done on land is to be read as providing (and to have always provided) for the same benefit in relation to a non-contracting owner of the land.
(2B)  Subsection (2A) applies irrespective of whether or not the contract of insurance concerned contains a term to the same effect as that subsection.
(3)  If a partnership contracts to do residential building work, the insolvency of any of the partners constitutes the insolvency of the contractor for the purposes of a contract of insurance required by section 92 in relation to the work. The contract of insurance must include provision to that effect.
(4)–(6)    (Repealed)
100   Requirements for insurance of work not done under contract
(1)  A contract of insurance in relation to residential building work required by section 96 must insure a purchaser of the land on which the work is done and the purchaser’s successors in title against the risk of being unable, because of the insolvency, death or disappearance of the contractor concerned:
(a)  to have the contractor rectify any such breach, or
(b)  to recover compensation from the contractor for a breach of a statutory warranty in respect of the work.
(2)  If a partnership contracts to do residential building work, the insolvency of any of the partners constitutes the insolvency of the contractor for the purposes of a contract of insurance required by section 96 in relation to the work. The contract of insurance must include provision to that effect.
(3)  In this section:
contractor means a person to whom section 96 applies doing residential building work otherwise than under a contract.
101   Deemed insolvency of contractor for insurance purposes
(1)  A contract of insurance in relation to residential building work required by section 92 or 96 must include provision that deems the suspension of a contractor’s licence under section 42A to constitute the insolvency of the contractor for the purposes of the application of the contract to any loss that is the subject of a building claim order made against the contractor that remains unsatisfied.
(2)  The following provisions apply to a claim under a contract of insurance that arises because of the operation of this section in connection with a building claim order:
(a)  the claim is limited to a loss that would have been covered by the contract in the event of the contractor’s insolvency,
(b)  the amount of the claim need not be the same as the amount of the building claim order (and in particular is not limited by the amount of the building claim order),
(c)  the building claim order does not limit any right of a beneficiary to appeal against a decision of the insurer in respect of a claim under the contract (and any such right of appeal may be exercised as if the building claim order had not been made),
(d)  the building claim order does not limit any right of recovery of the insurer against the contractor in respect of the loss to which the claim relates (whether that right arises pursuant to any rights of the beneficiary to which the insurer is subrogated, or otherwise).
(3)  For the purposes of the operation of a provision of a contract of insurance referred to in subsection (2), a contractor’s licence that would have been suspended under section 42A were it not for the fact that the licence expired, or was surrendered or cancelled, before the suspension took effect is taken to have been suspended under that section.
(4)  In this section:
building claim has the same meaning as in Part 3A, and includes a claim for the payment of an unspecified sum of money that arises from a supply of building goods or services as defined in section 48A.
building claim order means an order of a court or the Tribunal in respect of a building claim.
101A   Claim form
(1)  The Secretary may approve a form for giving notice of a claim under a contract of insurance.
(2)  A claim under a contract of insurance may be made in the approved form but is not required to be made in that form.
(3)  The regulations may make provision for or with respect to:
(a)  clauses or matter that must be included in a claim form or a class of claim forms, or
(b)  clauses or matter that must not be included in a claim form or a class of claim forms.
(4)  If the regulations require a claim form or class of claim forms to contain a clause in prescribed terms, a claim form of the kind to which the requirement relates is taken to include the clause in the terms prescribed.
(5)  An insurer must accept for consideration any claim submitted in the approved form.
(6)  Any regulations made under this section do not apply to a claim form in force at the time that the regulations commence.
102   General requirements for insurance
(1)  This section applies to all contracts of insurance required to be entered into by or under this Part.
(2)  The insurance must be of a kind approved by the Minister and be provided by the Self Insurance Corporation.
Note.
 The Self Insurance Corporation became the only insurer for the purposes of the scheme established by this Part on and from the day on which this subsection was amended by the NSW Self Insurance Corporation Amendment (Home Warranty Insurance) Act 2010. See Part 17 of Schedule 4 for savings and transitional provisions relating to the transition from the previous scheme involving home warranty insurance issued by approved insurers to the new scheme under which all insurance is to be issued by the Self Insurance Corporation.
(3)  The contract of insurance must provide for cover of not less than the amount prescribed by the regulations for the purposes of this subsection.
(3A)  A provision of a contract of insurance to the effect that the amount of cover provided by the contract is the minimum amount provided for from time to time by this Act or the regulations is to be read as providing that the amount of cover provided is the minimum amount provided for by this Act or the regulations at the time the contract is entered into.
(4)  Any limitations on liability under the contract of insurance must comply with any requirements of the regulations.
(5)  The contract of insurance must comply with any other requirements of the regulations.
(6)  A contract of insurance may provide that the insurer is not liable for such amount of each claim as is specified in the contract. The amount specified is not to exceed the amount prescribed by the regulations as the maximum excess.
(7)  The regulations may make provision for or with respect to requiring the retention, at a place prescribed by the regulations, of copies of contracts of insurance required to be entered into by or under this Part.
102A   Register of insurance particulars
(1)  The Self Insurance Corporation is to maintain or cause to be maintained a register of such particulars of the following as the Self Insurance Corporation considers appropriate:
(a)  insurance certificates issued to evidence contracts of insurance under the Home Building Compensation Fund entered into for the purposes of this Act on or after 1 July 2010,
(b)  claims successfully made under such contracts of insurance,
(c)  such other matters concerning contracts of insurance under the Home Building Compensation Fund as the regulations may prescribe.
(2)  Particulars included in the register can include information that is personal information under the Privacy and Personal Information Protection Act 1998 unless the regulations under this Act otherwise provide.
(3)  The Self Insurance Corporation is to make the contents of the register publicly available in such manner as the Self Insurance Corporation considers appropriate.
103   Requirements for professional indemnity and other insurance
(1)  The regulations may set out requirements for professional indemnity insurance and other similar forms of insurance entered into for the purposes of this Part. The requirements are in addition to those made under section 102.
(2)  Without limiting subsection (1), regulations may be made for or with respect to:
(a)  conditions of contracts of insurance relating to automatic run-off cover, and
(b)  conditions of contracts of insurance requiring renewal of contracts of insurance for a period sufficient to provide cover of a duration required by or under this Act, and
(c)  the period for which a contract of insurance must provide cover.
103A–103AD   (Repealed)
103B   Period of cover
(1)  A contract of insurance must provide insurance cover for loss arising from non-completion of the work for a period of not less than 12 months after the failure to commence, or cessation of, the work the subject of the cover.
(2)  A contract of insurance must provide insurance cover for other loss insured in accordance with this Act for a period of not less than:
(a)  in the case of loss arising from a major defect in residential building work (within the meaning of section 18E)—6 years after completion of the work, or
(b)  in the case of any other loss—2 years after completion of the work.
(2A)  However, the Minister may, by notice published in the Gazette, give written approval for a contract of insurance, or for a class of contracts of insurance, to provide insurance cover for a shorter period to the extent to which the insurance cover applies to loss in relation to specified work or materials.
(2B)  Subsection (2) is subject to any variation specified in the regulations as to the period for which insurance cover must be provided.
(3)  This section is subject to any limits set out in the regulations as to the period within which a claim must be made.
(4)  This section is subject to any provisions in regulations made for the purposes of section 103 relating to professional indemnity insurance.
(5)  A contract of insurance must contain a provision to the effect that the insurer is not entitled either to refuse to pay a claim under the contract of insurance in relation to work done after a contract has commenced, or to cancel the contract of insurance, on the ground that the contract for the work or supply to which it relates was entered into before the period of insurance commenced if a certificate evidencing insurance has been given or the insurer has otherwise accepted cover.
103BA   Time limits for policies issued between 1.5.1997 and 30.6.2002
(1)  A contract of insurance under the Home Building Compensation Fund entered into on or after 1 May 1997 and before 1 July 2002 provides insurance cover in respect of loss only if a claim in respect of the loss is made to the insurer during the period of insurance.
(2)  A loss that becomes apparent in the last 6 months of the period of insurance has an extended claim period, which permits a claim in respect of the loss to be made within 6 months after the loss becomes apparent. There is no extended claim period for a loss that arises from non-completion of work.
(3)  For the purposes of this section and section 103BB, a loss becomes apparent when a beneficiary under the contract of insurance first becomes aware (or ought reasonably to have become aware) of the loss.
(4)  In this section and sections 103BB and 103BC:
loss means loss indemnified by a contract of insurance under the Home Building Compensation Fund.
period of insurance means the period for which a contract of insurance under the Home Building Compensation Fund provides cover.
103BB   Time limits for policies issued from 1.7.2002
(1)  A contract of insurance under the Home Building Compensation Fund entered into on or after 1 July 2002 provides insurance cover in respect of loss only if a claim in respect of the loss is made to the insurer during the period of insurance.
Note.
 Subsection (1) is the general rule but there are exceptions to this general rule, as provided by this section.
(2)  A loss that becomes apparent in the last 6 months of the period of insurance has an extended claim period, which permits a claim in respect of the loss to be made within 6 months after the loss becomes apparent. There is no extended claim period for a loss that arises from non-completion of work.
(3)  When a loss becomes apparent during the period of insurance but a claim cannot be made during that period because an insured event has not occurred, a claim can be made after the period of insurance (as a delayed claim) but only if:
(a)  the loss was properly notified to the insurer during the period of insurance (or within 6 months after the loss became apparent in the case of a loss that became apparent in the last 6 months of the period of insurance), and
(b)  the beneficiary under the contract of insurance making the claim diligently pursued the enforcement of the statutory warranty concerned after the loss became apparent.
(4)  A delayed claim can also be made when the insured event occurs in the last 6 months of the period of insurance (as if the insured event did not occur until after the period of insurance) subject to compliance with the other requirements of this section for a delayed claim.
(5)    (Repealed)
(6)  The regulations can make provision for or with respect to what constitutes or does not constitute diligent pursuit of the enforcement of a statutory warranty for the purposes of this section.
(7)  A loss is properly notified to an insurer only if the insurer has been given notice in writing of the loss and the notice provides such information as may be reasonably necessary to put the insurer on notice as to the nature and circumstances of the loss. The regulations can make provision for or with respect to the form and content of such a notice.
103BC   10-year “long stop” limit on claims under existing policies
(1)  Despite any other provision of this Act, a contract of insurance under the Home Building Compensation Fund entered into before 1 July 2010 does not in any circumstances provide insurance cover in respect of loss unless a claim in respect of the loss is made to the insurer within 10 years after the work insured was completed.
Note.
 Section 3B provides for the date of completion of residential building work.
(2)  This section does not operate to extend any period of insurance.
103C   Regulations
(1)  The Governor may make regulations for or with respect to requirements for insurance required to be entered into under this Part.
(2)  Without limiting subsection (1), regulations may be made for or with respect to the following:
(a)  limitations on and reductions in liability,
(b)  beneficiaries who must be insured, or persons who are not required to be insured, under a contract of insurance required to be entered into under this Part,
(c)  losses indemnified,
(d)  the period within which a claim must be made,
(e)  subrogation,
(f)  when an insurance claim is taken to have been refused,
(g)  the manner of determining the maximum amount of insurance cover,
(h)  when work is complete,
(i)  the making of appeals against decisions of insurers, including the time within which appeals may be made.
(3)  A provision of a regulation for or with respect to a matter referred to in subsection (2) (b) applies despite any other provision of this Part.
103D   Part may not be excluded
A provision of a contract or another agreement that purports to restrict or remove the rights of a person under this Part is void.
103E   Exemption
This Part does not apply to residential building work done by or on behalf of, or to sales of land by, the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
103EA   False or misleading applications for insurance
(1)  A person must not, in connection with an application to an insurer for insurance under the Home Building Compensation Fund, make a statement (whether orally, in a document or in any other way) knowing that, or being reckless as to whether, the statement:
(a)  is false or misleading, or
(b)  omits any matter or thing without which the statement is misleading.
Maximum penalty: 200 penalty units.
(2)  Subsection (1) does not apply as a result of subsection (1) (a) if the statement is not false or misleading in a material particular.
(3)  Subsection (1) does not apply as a result of subsection (1) (b) if the statement did not omit any matter or thing without which the statement is misleading in a material particular.
(4)  The burden of establishing a matter referred to in subsection (2) or (3) lies on the accused person.