State Insurance and Care Governance Act 2015 No 19

(1)  There is constituted by this Act a body corporate with the corporate name of Insurance and Care NSW.

(2)  ICNSW is, for the purposes of any Act, a NSW Government agency.

Note—

See section 13A of the Interpretation Act 1987.

(1)  There is to be a board of directors of Insurance and Care NSW.

(2)  The ICNSW Board is to consist of the following directors—

(a)  the chief executive of ICNSW,

(b)  the following directors appointed by the Minister (the appointed directors)—

(i)  1 director nominated by an employee body,

(ii)  1 director nominated by an employer body,

(iii)  up to 6 other directors.

Note—

Schedule 1 contains provisions relating to the board of directors of ICNSW.

(3)  The appointed directors are to be persons who, in the opinion of the Minister, together have skills and experience relevant to the administration of State insurance and care schemes and that will assist ICNSW in exercising its functions.

(4)  A person who is an appointed member of the SIRA Board is ineligible to be appointed as a director of the ICNSW Board.

(5)  In exercising his or her functions as a director of the ICNSW Board, the director is to exercise the degree of care and diligence that a reasonable person in a like position would exercise in the circumstances.

(6)  If an employee body or employer body fails to nominate persons for the purposes of subsection (2)(b)(i) or (ii) within the period specified in a written request given to the body by the Minister—

(a)  the Minister may appoint a director under that subparagraph, and

(b)  the appointment is taken to have been made as if the director had been nominated under the subparagraph.

(7)  In this section—

employee body means Unions NSW.

employer body means a body that represents employers in New South Wales.

s 5: Am 2023 No 16, Sch 1[1] [2].

(1)  All decisions relating to the functions of ICNSW are to be made by or under the authority of the ICNSW Board.

(2)  Any act, matter or thing done in the name of, or on behalf of, ICNSW by or under the authority of the ICNSW Board is taken to have been done by ICNSW.

(3)  The ICNSW Board has the following functions—

(a)  to give the Minister any information relating to the activities of ICNSW that the Minister requests,

(b)  to keep the Minister informed of the general conduct of ICNSW’s activities and of any significant development in ICNSW’s activities,

(c)  to determine general policies for ICNSW and to give directions to the chief executive of ICNSW in relation to the ICNSW’s activities,

(d)  such other functions as are conferred or imposed on it by or under this or any other Act or law.

(1)  The Minister may give the ICNSW Board a written direction in relation to ICNSW if the Minister is satisfied that it is necessary to do so in the public interest.

(2)  The ICNSW Board must ensure that the direction is complied with.

(3)  Before giving a direction under this section, the Minister must—

(a)  consult with the ICNSW Board, and

(b)  request the Board to advise the Minister whether, in its opinion, complying with the direction would promote the objectives of ICNSW.

(4)  The Minister is required to cause a notice to be published in the Gazette setting out the reasons why a direction was given under this section and why it is in the public interest that the direction was given. Any such notice is to be published in the Gazette within 1 month after the direction is given.

s 7: Am 2023 No 33, Sch 1[1].

(1)  The ICNSW Board is, in consultation with the Minister, to employ a person as the chief executive of ICNSW.

Note—

Schedule 2 contains provisions relating to the chief executive of ICNSW.

(2)  The chief executive of ICNSW is responsible for day to day management of the activities of ICNSW in accordance with the general policies and specific directions of the ICNSW Board.

(1)  The ICNSW Board may establish committees to give advice and assistance to the ICNSW Board in connection with any particular matter or function of the ICNSW Board.

(2)  A committee of the ICNSW Board must be chaired by a director of the ICNSW Board. It does not matter that some or all of the other members of the committee are not directors of the ICNSW Board.

(3)  The procedure for the calling of meetings of a committee of the ICNSW Board and for the conduct of business at those meetings is to be as determined by the ICNSW Board or (subject to any determination of the ICNSW Board) by the committee.

The principal objectives of ICNSW in exercising its functions are as follows—

(a)  to maintain the affordability of insurance and the efficiency and viability of State insurance and compensation schemes established under Acts under which ICNSW exercises functions consistent with any objectives of the schemes,

(b)  to promote early and appropriate treatment and care for injury and illness that optimises the recovery and return to work or other activities of persons injured at work or in motor accidents,

(c)  to promote efficiency, transparency and accountability in the conduct of ICNSW’s operations.

s 9A: Ins 2023 No 33, Sch 1[3].

(1)  ICNSW has the following functions—

(a)  to act for the Nominal Insurer in accordance with section 154C of the Workers Compensation Act 1987,

(b)  to provide services (including staff and facilities) for any relevant authority, or for any other person or body, in relation to any insurance or compensation scheme administered or provided by the relevant authority or that other person or body,

(c)  to enter into agreements or arrangements with any person or body for the purposes of providing services of any kind or for the purposes of exercising the functions of the Nominal Insurer,

(d)  to monitor the performance of the insurance or compensation schemes in respect of which it provides services,

(e)  such other functions as are conferred or imposed on it by or under this or any other Act.

Note—

These other functions include preparing annual reporting information under the Government Sector Finance Act 2018.

(2)  Each of the following is a relevant authority for the purposes of this section—

(a)  the Workers Compensation (Dust Diseases) Authority constituted under the Workers’ Compensation (Dust Diseases) Act 1942,

(b)  the Lifetime Care and Support Authority of New South Wales constituted under the Motor Accidents (Lifetime Care and Support) Act 2006,

(c)  the Sporting Injuries Compensation Authority constituted under the Sporting Injuries Insurance Act 1978,

(d)  the NSW Self Insurance Corporation constituted under the NSW Self Insurance Corporation Act 2004.

(e)    (Repealed)

s 10: Am 2016 No 55, Sch 1.28; 2018 No 70, Sch 4.94; 2024 No 53, Sch 2.5.

(1)  ICNSW is to prepare a statement of business intent and submit the statement to the Minister and the Treasurer not later than 3 months after the commencement of each financial year of ICNSW.

(2)  A statement of business intent is to set out the business plan of ICNSW over the financial year to which the statement relates and is to include the following—

(a)  the objectives of ICNSW and its main undertakings,

(b)  the nature and scope of the activities to be undertaken,

(c)  the accounting policies to be applied in the financial reports of ICNSW,

(d)  the performance targets and other measures by which the performance of ICNSW may be judged in relation to its stated objectives,

(e)  any other matter required by the Minister.

(3)  If the Minister or the Treasurer is not satisfied with a statement submitted under this section, the Minister may direct ICNSW to amend and resubmit the statement in the manner and time specified.

(1)  ICNSW is to determine investment strategies for the investment of any scheme fund.

(2)  ICNSW is to report to the Minister at least once in every period of 6 months on the investment performance of each scheme fund.

(3)  ICNSW may enter into agreements or arrangements to determine investment strategies for the investment of any other insurance or compensation fund.

(4)  Each of the following is a scheme fund for the purposes of this section—

(a)  the Workers Compensation Insurance Fund established under section 154D of the Workers Compensation Act 1987,

(b)  the Workers’ Compensation (Dust Diseases) Fund constituted under the Workers’ Compensation (Dust Diseases) Act 1942,

(c)  the Bush Fire Fighters Compensation Fund established under section 19 of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987,

(d)  the Emergency and Rescue Workers Compensation Fund established under section 31 of the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987,

(e)  the Lifetime Care and Support Authority Fund established under section 48 of the Motor Accidents (Lifetime Care and Support) Act 2006,

(f)  the Sporting Injuries Fund established under section 11 of the Sporting Injuries Insurance Act 1978,

(g)  the Supplementary Sporting Injuries Fund established under section 11A of the Sporting Injuries Insurance Act 1978.

(1)  The Treasurer may give ICNSW a written direction requiring ICNSW to provide the Treasurer with specified information, within a specified period, relating to the activities of ICNSW.

(2)  ICNSW must comply with a direction under this section.

(3)  The Treasurer may delegate to the Secretary of the Treasury the function of the Treasurer under this section.

s 12A: Ins 2023 No 33, Sch 1[4].

(1)  ICNSW may delegate to an authorised person any of its functions, other than this power of delegation.

(2)  A delegate may sub-delegate to an authorised person any function delegated by ICNSW if the delegate is authorised in writing to do so by ICNSW.

(3)  In this section—

authorised person means any of the following—

(a)  the chief executive of ICNSW,

(b)  a director of the ICNSW Board,

(c)  a member of staff of ICNSW,

(d)  a member of a committee of the ICNSW Board,

(e)  a person or body prescribed by the regulations.

ICNSW is authorised to employ such staff as it requires to exercise its functions. The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to the staff employed by ICNSW.

(1)  ICNSW may fix the salary, wages and conditions of employment of staff employed under this Division in so far as they are not fixed by or under any other law.

(2)  ICNSW may enter into an agreement with any association or organisation representing a group or class of members of staff of ICNSW with respect to the conditions of employment (including salaries, wages or remuneration) of that group or class in so far as they are not fixed by or under any other law.

(1)  In this section—

executive position means a position as a member of staff of ICNSW that—

(a)  has a remuneration level greater than that for a clerk (grade 12) in the Public Service with general administrative duties, and

(b)  is designated by ICNSW as an executive position.

senior executive means a member of staff of ICNSW holding an executive position.

(2)  A senior executive is to be employed under a written contract of employment signed by the senior executive and the chief executive of ICNSW on behalf of ICNSW.

(3)  ICNSW may terminate the employment of a senior executive at any time, for any or no stated reason and without notice.

(4)  A senior executive whose employment is so terminated is entitled to any compensation provided in the contract of employment of the executive (and to no other compensation or entitlement for the termination of employment).

(5)  The employment of a senior executive, or any matter, question or dispute relating to any such employment, is not an industrial matter for the purposes of the Industrial Relations Act 1996.

(6)  Parts 6, 7 and 9 of Chapter 2 of the Industrial Relations Act 1996 do not apply to or in respect of the employment of a senior executive.

(7)  Any State industrial instrument (whether made before or after the commencement of this section) does not have effect in so far as it relates to the employment of senior executives. This subsection does not prevent the provisions of any such industrial agreement being adopted by reference in the conditions of employment of a senior executive.

(8)  No proceedings for an order in the nature of prohibition, certiorari or mandamus or for a declaration or injunction or for any other relief, lie in respect of a matter that is declared by this section not to be an industrial matter for the purposes of the Industrial Relations Act 1996.

(9)  In subsections (5)–(8), a reference to the employment of a senior executive is a reference to—

(a)  the appointment of, or failure to appoint, a person as such an executive, or

(b)  the removal, retirement, termination of employment or other cessation of office of a senior executive, or

(c)  any disciplinary proceedings or disciplinary action taken against a senior executive, or

(d)  the remuneration or other conditions of employment of a senior executive.

In this Division—

investment management services include (but are not limited to) the following—

(a)  managing investments for the whole or part of a scheme fund,

(b)  advising on investments and investment strategies and other related strategies for the whole or part of a scheme fund,

(c)  services in relation to the custody of the assets and securities of the whole or part of a scheme fund.

investment manager means a person who provides investment management services for a scheme fund or part of a scheme fund, and includes any other person engaged by that person to provide all or any of those services.

scheme fund means a fund referred to in section 12 (4).

scheme fund investment strategy means an investment strategy for a scheme fund determined by ICNSW under section 12.

pt 2, div 4 (ss 16A–16C): Ins 2015 No 54, Sch 1.

(1)  The Treasurer may, by order in writing given to the authority responsible for administering a scheme fund, require—

(a)  the investment of the whole or any part of the scheme fund to be managed by one or more investment managers approved by the Treasurer (a mandated investment manager), and

(b)  the responsible authority to enter into an agreement or arrangement with any such mandated investment manager with respect to investment management services for the whole or part of the scheme fund subject to the terms and conditions set out or described in the order.

(2)  Subsection (1) does not prevent the responsible authority from entering into an agreement or arrangement containing additional terms or conditions that are not inconsistent with the terms and conditions set out or described in the order or any scheme fund investment strategy.

(3)  The Treasurer must consult with the responsible authority and the proposed mandated investment manager before giving an order under this section.

(4)  The order may be given only with the approval of the Minister administering the provisions of the Act under which the scheme fund concerned is established (the relevant Act).

(5)  The terms and conditions must not be inconsistent with any scheme fund investment strategy for the scheme fund or the relevant Act.

(6)  A mandated investment manager (or an investment manager engaged by the mandated investment manager to provide relevant services)—

(a)  may invest the whole or part of the scheme fund concerned only in any investment that is authorised or permitted by or under the relevant Act or any other applicable legislation, and

(b)  must carry out the investment management services concerned subject to the applicable terms and conditions and consistently with any relevant scheme fund investment strategy.

(7)  An order under this section takes effect on the day specified in the order.

pt 2, div 4 (ss 16A–16C): Ins 2015 No 54, Sch 1.

(1)  The Minister may, by order published in the Gazette, declare that prudential standards, or reporting and auditing requirements, specified or described in the order are standards or requirements that apply to an authority responsible for the administration of a scheme fund and ICNSW in the exercise of any functions in relation to that fund described in the order.

(2)  Before making an order under this section, the Minister is to consult ICNSW on the proposed standards or requirements.

(3)  An order under this section takes effect on the day specified in the order.

(4)  A responsible authority, ICNSW and any person carrying out a function on behalf of the responsible authority must comply with any standard or requirement applied under this section to the exercise of a function in relation to a scheme fund.

pt 2, div 4 (ss 16A–16C): Ins 2015 No 54, Sch 1.

(1)  There is constituted by this Act a body corporate with the corporate name of the State Insurance Regulatory Authority.

(2)  SIRA is, for the purposes of any Act, a NSW Government agency.

Note—

See section 13A of the Interpretation Act 1987.

(1)  There is to be a Board of the State Insurance Regulatory Authority.

(2)  The SIRA Board is to consist of the following members—

(a)  the chief executive of SIRA,

(b)  the Secretary of the Department of Finance, Services and Innovation or a person nominated by the Secretary,

(c)  up to 5 other members appointed by the Minister (the appointed members).

Note—

Schedule 3 contains provisions relating to the members and procedure of the SIRA Board.

(3)  The appointed members are to be persons who, in the opinion of the Minister, have skills and experience relevant to matters arising under the workers compensation and motor accidents legislation and the Home Building Act 1989 and that will assist SIRA in attaining its objectives.

(4)  A person who is an appointed director of the ICNSW Board is ineligible to be appointed as a member of the SIRA Board.

(5)  The SIRA Board has the following functions—

(a)  to determine the general policies and strategic direction of SIRA,

(b)  to oversee the performance of the activities of SIRA,

(c)  to give the Minister any information relating to the activities of SIRA that the Minister requests,

(d)  to keep the Minister informed of the general conduct of SIRA’s activities and of any significant development in SIRA’s activities,

(e)  such other functions as are conferred or imposed on it by or under this or any other Act or law.

s 18: Am 2015 No 58, Sch 2.27; 2017 No 28, Sch 2.6 [1]; 2018 No 62, Sch 7.1.

(1)  The chief executive of SIRA is the person employed in the Department of Finance, Services and Innovation as the chief executive of SIRA.

(2)  The affairs of SIRA are to be managed and controlled by the chief executive in accordance with the general policies and strategic direction determined by the SIRA Board.

(3)  Any act, matter or thing done in the name of, or on behalf of, SIRA by the chief executive is taken to have been done by SIRA.

(1)  The Minister may give SIRA a written direction with respect to the functions of SIRA if the Minister is satisfied that it is necessary to do so in the public interest.

(2)  SIRA must ensure that the direction is complied with.

(3)  SIRA must include in its annual report particulars of each direction given under this section during the year to which the report relates.

(4)  Except as provided by this section, SIRA is not, in the exercise of its functions, subject to the control and direction of the Minister.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable SIRA to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services SIRA makes use of) may be referred to as members of staff of SIRA. Section 47A of the Constitution Act 1902 precludes SIRA from employing staff.

(1)  The SIRA Board may establish committees to give advice and assistance to the SIRA Board in connection with any particular matter or function of the SIRA Board.

(2)  A committee of the SIRA Board must be chaired by a member of the SIRA Board. It does not matter that some or all of the other members of a committee are not members of the SIRA Board.

(3)  The procedure for the calling of meetings of a committee of the SIRA Board and for the conduct of business at those meetings is to be as determined by the SIRA Board or (subject to any determination of the SIRA Board) by the committee.

The principal objectives of SIRA in exercising its functions are as follows—

(a)  to promote the efficiency and viability of the insurance and compensation schemes established under the workers compensation and motor accidents legislation and the Home Building Act 1989 and the other Acts under which SIRA exercises functions,

(b)  to minimise the cost to the community of workplace injuries and injuries arising from motor accidents and to minimise the risks associated with such injuries,

(c)  to promote workplace injury prevention, effective injury management and return to work measures and programs,

(d)  to ensure that persons injured in the workplace or in motor accidents have access to treatment that will assist with their recovery,

(e)  to provide for the effective supervision of claims handling and disputes under the workers compensation and motor accidents legislation and the Home Building Act 1989,

(f)  to promote compliance with the workers compensation and motor accidents legislation and the Home Building Act 1989.

s 23: Am 2017 No 28, Sch 2.6 [1].

(1)  SIRA has such functions as are conferred or imposed on it by or under this or any other Act (including under the workers compensation and motor accidents legislation and the Home Building Act 1989).

(2)  The functions of SIRA also include the following—

(a)  to collect and analyse information on prudential matters in relation to insurers under the workers compensation and motor accidents legislation and the Home Building Act 1989,

(b)  to encourage and promote the carrying out of sound prudential practices by insurers under that legislation and the Home Building Act 1989,

(c)  to evaluate the effectiveness and carrying out of those practices.

(3)  In this section, a reference to an insurer under the Home Building Act 1989 includes a reference to the provider of an alternative indemnity product under that Act.

s 24: Am 2017 No 28, Sch 2.6 [1] [2].

(1)  The Independent Pricing and Regulatory Tribunal (IPART) may, at the request of the Minister, conduct an investigation and report to the Minister on such matters relating to the operational costs and expenses of SIRA as are determined by the Minister.

(2)  Except as provided by the regulations, Division 7 of Part 3 of the Independent Pricing and Regulatory Tribunal Act 1992 applies to an investigation and report by IPART under this section in the same way as it applies to an investigation or report under that Part.

(1)  SIRA may delegate to an authorised person any of its functions, other than this power of delegation.

(2)  The chief executive of SIRA may delegate to an authorised person any of the chief executive’s functions under this Act, other than this power of delegation.

(3)  A delegate may sub-delegate to an authorised person any function delegated by SIRA or the chief executive if the delegate is authorised in writing to do so by SIRA or the chief executive.

(4)  In this section—

authorised person means any of the following—

(a)  a member of staff of SIRA,

(b)  a member of the SIRA Board or a committee of the SIRA Board,

(c)  a person or body prescribed by the regulations.

In this Division—

data means facts, statistics, instructions, concepts or other information in a form capable of being communicated, analysed or processed, whether by an individual or by a computer or other automated means.

relevant service means a service prescribed by the regulations provided in connection with a claim under the workers compensation and motor accidents legislation.

relevant service provider means a person, organisation or body providing a relevant service, but does not include a person, organisation or body, or class of persons or bodies, prescribed by the regulations.

s 26A: Ins 2022 No 25, Sch 3.3[1].

(1)  The provisions of this Division apply despite anything to the contrary in another Act or law.

(2)  Without limiting subsection (1), a relevant service provider is authorised and required to comply with a direction given under this Division despite anything to the contrary in the other Act or law.

s 26B: Ins 2022 No 25, Sch 3.3[1].

(1)  SIRA may give a written direction to a relevant service provider requiring the provider to provide SIRA with specified data within a specified period concerning relevant services the provider provides.

(2)  A relevant service provider must comply with a direction given to the provider under this section.

Maximum penalty—

(a)  for a corporation—500 penalty units, or

(b)  for another person—100 penalty units.

(3)  This section applies in relation to data that is personal information or health information about an individual despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002.

s 26C: Ins 2022 No 25, Sch 3.3[1].

(1)  SIRA may give 1 or more of the following written directions to a relevant service provider—

(a)  a direction requiring the provider to take specified action, or provide specified information, concerning specified relevant services,

(b)  a direction requiring the provider to provide specified relevant services for the purposes of the workers compensation and motor accidents legislation in a specified way,

(c)  a direction requiring the provider not to provide specified relevant services for the purposes of the workers compensation and motor accidents legislation,

(d)  a direction requiring the provider not to provide any relevant services for the purposes of the workers compensation and motor accidents legislation.

(2)  Without limiting subsection (1), a direction under this section may extend to all of the workers compensation and motor accidents legislation or be limited to specified Acts or instruments, or specified provisions of Acts or instruments, forming part of the legislation.

(3)  A relevant service provider must comply with a direction given to the provider under this section.

Maximum penalty—

(a)  for a corporation—500 penalty units, or

(b)  for another person—100 penalty units.

(4)  The regulations may make provision for or concerning the following—

(a)  the giving and form of directions under this section,

(b)  the circumstances in which directions may be given under this section,

(c)  the periods during which directions under this section have effect, including providing for directions of indefinite duration,

(d)  standard provisions for directions under this section, including enabling standard provisions to be incorporated in directions by reference rather than set out in the directions,

(e)  the revocation and variation of directions given under this section,

(f)  appeal or review procedures for directions given under subsection (1)(a) or (b).

Note—

Section 26F allows a relevant service provider to apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a direction under subsection (1)(c) or (d).

s 26D: Ins 2022 No 25, Sch 3.3[1].

(1)  SIRA may issue guidelines concerning the provision of relevant services by relevant service providers.

(2)  Without limiting subsection (1)—

(a)  the guidelines may extend to all of the workers compensation and motor accidents legislation or be limited to specified Acts or instruments, or specified provisions of Acts or instruments, forming part of the legislation, and

(b)  the provisions of the Interpretation Act 1987, section 42(2) apply to the guidelines in the same way as they apply to statutory rules.

(3)  SIRA may, wholly or partly, amend, revoke or replace the guidelines.

(4)  The guidelines may adopt the provisions of other publications, whether with or without modification or addition and whether in force at a particular time or from time to time.

(5)  Unless the guidelines provide otherwise, the guidelines prevail to the extent of an inconsistency between them and guidelines made under the workers compensation and motor accidents legislation.

s 26E: Ins 2022 No 25, Sch 3.3[1].

A relevant service provider given a direction under section 26D(1)(c) or (d) may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the direction.

s 26F: Ins 2022 No 25, Sch 3.3[1].

(1)  SIRA may keep a register of relevant service providers given directions under section 26D.

(2)  The regulations may make provision for or concerning the following—

(a)  the form of the register,

(b)  information to be recorded on the register,

(c)  the updating or removal of information on the register,

(d)  the provision of access to, or the publication of information contained on, the register.

(3)  SIRA, or a person acting under the direction of SIRA, does not incur liability for anything done, or omitted to be done, in good faith in connection with keeping the register or publishing information contained on the register.

(4)  Without limiting subsection (3), a person does not incur liability for publishing in good faith—

(a)  information contained on the register, or

(b)  a fair report or summary of information contained on the register.

(5)  In this section—

liability includes liability for defamation.

s 26G: Ins 2022 No 25, Sch 3.3[1].