{"id":"nsw:act-2004-106","name":"NSW Self Insurance Corporation Act 2004","slug":"nsw-self-insurance-corporation-act-2004","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"106 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104758,"registerId":"nsw-act-2004-106-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [NSW Self Insurance Corporation Act 2004](/view/html/inforce/current/act-2004-106).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > builder means a person who carries on the business of doing residential building work.\n> > \n> > building management service provider means a person who provides builders with advice and other services concerning the management of builders’ businesses (such as the management of financial risks).\n> > \n> > chief executive means the chief executive of the Self Insurance Corporation appointed under this Act.\n> > \n> > construction contract means a contract or other agreement for the carrying out of construction work.\n> > \n> > Construction Risks Insurance Fund means the Fund established under section 12C.\n> > \n> > contractor, in relation to a construction contract, means a party to the contract who undertakes to carry out the construction work under the contract, and includes any subcontractors engaged by such a party to carry out work on the party’s behalf.\n> > \n> > eligible State official means a person who is—\n> > \n> > > (a) an employee or officer of the State, or\n> > \n> > > (b) an employee, or a member, director or other officer, of an authority of the State,\n> > \n> > and, without limiting paragraph (a) or (b), includes a member of a committee or other body established for the purpose of assisting an authority of the State (including a Public Service agency or a Minister) in the exercise of its functions.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > Government managed fund scheme means an arrangement under which workers compensation, motor vehicle accident, public and other liabilities of the State, an authority of the State or an eligible State official—\n> > \n> > > (a) are managed as a self insurance scheme (including the collection of contributions from the State, an authority of the State or an eligible State official towards the cost of claims), and\n> > \n> > > (b) are paid, or otherwise settled, by the State or by the Self Insurance Corporation on behalf of the State, an authority of the State or an eligible State official,\n> > \n> > but does not include any arrangement under which—\n> > \n> > > (c) insurance under the Home Building Compensation Fund is provided (or the Home Building Compensation Fund is managed) by or on behalf of the Self Insurance Corporation, or\n> > \n> > > (d) principal arranged construction insurance is provided (or the Construction Risks Insurance Fund is managed) by or on behalf of the Self Insurance Corporation.\n> > \n> > Home Building Compensation Fund means the Fund established under section 12A.\n> > \n> > insurance agency or broker arrangement—see section 8A (4).\n> > \n> > insurance agent—see section 8A (4).\n> > \n> > insurance intermediary means a person who enters into a contract, agreement or other arrangement with an insurance agent in connection with the provision of insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) by or on behalf of the Self Insurance Corporation.\n> > \n> > insurance under the Home Building Compensation Fund means insurance under a contract of insurance required to be entered into by or under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> > \n> > mandatory Government arranged construction insurance means principal arranged construction insurance that the State or an authority of the State is required (whether as a matter of law or Government policy) to arrange with the Self Insurance Corporation because of a direction of the Treasurer or the Secretary of the Treasury.\n> > \n> > Note—\n> > \n> > For example, the State or an authority of the State may, by means of a Treasury Circular issued by the Secretary of the Treasury, be required to arrange for specified insurance.\n> > \n> > out-of-home care has the same meaning as in the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157).\n> > \n> > principal, in relation to a construction contract, means any of the following—\n> > \n> > > (a) a party to the contract for which the construction work under the contract is being carried out,\n> > \n> > > (b) a person (other than a party to the contract) who is a member of a partnership, joint venture or other arrangement for the benefit of which the construction work under the contract is being carried out.\n> > \n> > principal arranged construction insurance means insurance that is arranged by a principal in relation to a construction contract to cover principals and contractors with respect to the risks associated with the construction work to which the construction contract relates.\n> > \n> > Public Service agency has the same meaning as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).\n> > \n> > residential building work has the same meaning as in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> > \n> > Self Insurance Corporation means the corporation constituted under section 4.\n> > \n> > Self Insurance Fund means the Fund established under section 11.\n> > \n> > special liability insurance means insurance against liabilities arising from physical or sexual abuse of a person—\n> > \n> > > (a) in out-of-home care, or\n> > \n> > > (b) receiving youth homelessness services.\n> > \n> > Special Liability Insurance Fund means the fund established under section 12DB.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2010 No 30, Sch 1 \\[1\\]–\\[3\\]; 2013 No 45, Sch 1 \\[1\\]–\\[3\\]; 2014 No 24, Sch 2 \\[1\\]–\\[4\\]; 2015 No 19, Sch 12 \\[1\\]; 2016 No 55, Sch 1.18 \\[1\\] \\[2\\]; 2017 No 28, Sch 2.3 \\[1\\]; 2024 No 54, Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Establishment of Self Insurance Corporation","content":"# Part 2 Establishment of Self Insurance Corporation\n\nPart 2 Establishment of Self Insurance Corporation","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of NSW Self Insurance Corporation","content":"#### 4 Constitution of NSW Self Insurance Corporation\n\n4 Constitution of NSW Self Insurance Corporation\n\n> > (1) There is constituted by this Act a corporation with the corporate name of NSW Self Insurance Corporation.\n> \n> > (2) The Self Insurance Corporation is, for the purposes of any Act, a statutory body representing the Crown.\n> \n> > (3) The Self Insurance Corporation is subject to the control and direction of the Minister in the exercise of its functions.\n> \n> **s 4:** Am 2015 No 19, Sch 12 \\[2\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Chief executive of Self Insurance Corporation","content":"#### 5 Chief executive of Self Insurance Corporation\n\n5 Chief executive of Self Insurance Corporation\n\n> > (1) The Minister is to appoint a person as the chief executive of the Self Insurance Corporation.\n> > \n> > Note—\n> > \n> > Schedule 1A contains provisions relating to the chief executive of the Corporation.\n> \n> > (2) The affairs of the Self Insurance Corporation are to be managed by the chief executive in accordance with any directions of the Minister.\n> \n> > (3) Any act, matter or thing done in the name of, or on behalf of, the Self Insurance Corporation by the chief executive, or with the authority of the chief executive, is taken to have been done by the Self Insurance Corporation.\n> \n> **s 5:** Subst 2015 No 19, Sch 12 \\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6 (Repealed)","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Functions of Self Insurance Corporation","content":"# Part 3 Functions of Self Insurance Corporation\n\nPart 3 Functions of Self Insurance Corporation","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"General functions","content":"#### 7 General functions\n\n7 General functions\n\n> > (1) The Self Insurance Corporation has the functions conferred or imposed on it by or under this or any other Act or law.\n> \n> > (2) Without limiting subsection (1), the Self Insurance Corporation has the functions imposed on it under section 211B of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070) and sections 26 and 27 of the [Government Insurance Office (Privatisation) Act 1991](/view/html/inforce/current/act-1991-038).","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Specific functions in relation to Government managed fund schemes","content":"#### 8 Specific functions in relation to Government managed fund schemes\n\n8 Specific functions in relation to Government managed fund schemes\n\n> > (1) The Self Insurance Corporation has the following functions with respect to Government managed fund schemes—\n> > \n> > > (a) to operate one or more Government managed fund schemes (including the function of establishing, reorganising, amalgamating, dividing or winding up such schemes),\n> > \n> > > (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,\n> > \n> > > (c) to enter into insurance or other agreements or arrangements (including by providing indemnities) to cover the liabilities to which a Government managed fund scheme applies,\n> > \n> > > (d) to act for the State, an authority of the State or an eligible State official in dealing with claims under a Government managed fund scheme (including the recovery of amounts payable to the State, an authority of the State or an eligible State official in connection with such claims).\n> \n> > (2) In exercising its functions under subsection (1) (c), the Self Insurance Corporation may enter into contracts of insurance as the insured but not as the insurer.\n> > \n> > Note—\n> > \n> > The Self Insurance Corporation may, for example, obtain insurance from another insurer to cover its own liabilities in providing cover under a Government managed fund scheme. However, it may not provide insurance to the State or any authority of the State or eligible State official whose liabilities are covered by such a scheme. Their liabilities may be managed by means of other agreements and arrangements, including by the provision of indemnities.\n> \n> > (2A) To avoid doubt, the Self Insurance Corporation may exercise its functions under subsection (1) (d) by acting for a person who is a former eligible State official in dealing with claims under a Government managed fund scheme relating to the person’s acts or omissions when the person was an eligible State official.\n> \n> > (3) Nothing in the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134) (including clauses 5 and 6 of Schedule 10 to that Act) prevents the Self Insurance Corporation from providing indemnities to, or entering agreements or arrangements with, a director or other officer (or any other person concerned, or taking part, in the management) of a State owned corporation to cover the liabilities of such a director, officer or person.\n> \n> > (4) Entering into insurance or other agreements or arrangements (including the provision of indemnities) to cover the liabilities to which a Government managed fund scheme applies is declared to be an excluded matter for the purposes of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth in relation to Chapter 7 (Financial services and markets) of that Act.\n> > \n> > Note—\n> > \n> > Section 5F of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation of the Commonwealth, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.\n> \n> **s 8:** Am 2013 No 45, Sch 1 \\[4\\]–\\[6\\]; 2016 No 55, Sch 1.18 \\[3\\].","sortOrder":11},{"sectionNumber":"8A","sectionType":"section","heading":"Specific functions in relation to insurance under Home Building Act 1989","content":"#### 8A Specific functions in relation to insurance under Home Building Act 1989\n\n8A Specific functions in relation to insurance under [Home Building Act 1989](/view/html/inforce/current/act-1989-147)\n\n> > (1) General functions The Self Insurance Corporation has the following functions with respect to insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147)—\n> > \n> > > (a) to carry on the business of providing insurance for building work done in New South Wales that requires insurance under that Part,\n> > \n> > > (b) to manage the Home Building Compensation Fund,\n> > \n> > > (c) to enter into contracts, agreements or other arrangements with building management service providers and other persons (including re-insurers) for services relating to the exercise of the Corporation’s functions in connection with the provision of insurance under that Part and the management of the Home Building Compensation Fund.\n> > \n> > Note—\n> > \n> > See section 50 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) concerning the powers of statutory corporations in exercise of their functions. These powers include the power to hold and otherwise deal with property.\n> \n> > (2) Insurance guidelines In exercising its functions with respect to insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), the Self Insurance Corporation is to comply with any Insurance Guidelines issued under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (3) A failure to comply with any such guidelines does not affect the validity of any action taken (or omitted to be taken) by or on behalf of the Self Insurance Corporation in connection with the exercise of its functions with respect to insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (4) Insurance agents and brokers Without limiting subsection (1) (c), the Self Insurance Corporation may enter into contracts, agreements or other arrangements (insurance agency or broker arrangements) for the appointment of persons to act as agents (insurance agents) or insurance brokers for the Corporation concerning the exercise of any of the functions of the Corporation in connection with the provision of insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (5) An insurance agent or insurance broker is, in the exercise of functions under an insurance agency or broker arrangement, subject to the direction and control of the Self Insurance Corporation as provided by the terms of the insurance agency or broker arrangement.\n> \n> > (6) A person incurs no personal liability for or in connection with a liability incurred by the person as an insurance agent or insurance broker for the Self Insurance Corporation in the exercise of functions in good faith with due care and skill and within the scope of the agent’s or broker’s actual authority to act.\n> \n> > (7) Section 5.5 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055) does not apply in relation to insurance agents or insurance intermediaries in relation to the carrying out of functions under insurance agency or broker arrangements.\n> \n> > (8) Requirements for providing insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) Without limiting subsection (1), the Self Insurance Corporation may require any of the following—\n> > \n> > > (a) that a builder engage the services of a specified building management service provider (or a building management service provider belonging to a specified class of such providers) as a condition of insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) being provided in relation to residential building work done by the builder,\n> > \n> > > (b) that a builder arrange for the provision of insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) only through a specified insurance agent or an insurance agent belonging to a specified class of insurance agents.\n> \n> **s 8A:** Ins 2010 No 30, Sch 1 \\[4\\]. Am 2014 No 24, Sch 2 \\[5\\] \\[6\\]; 2017 No 28, Sch 2.3 \\[2\\]–\\[14\\]; 2018 No 70, Sch 4.76.","sortOrder":12},{"sectionNumber":"8B","sectionType":"section","heading":null,"content":"#### 8B\n\n8B (Repealed)","sortOrder":13},{"sectionNumber":"8C","sectionType":"section","heading":"Specific functions relating to principal arranged construction insurance","content":"#### 8C Specific functions relating to principal arranged construction insurance\n\n8C Specific functions relating to principal arranged construction insurance\n\n> > (1) The Self Insurance Corporation has the following functions with respect to principal arranged construction insurance—\n> > \n> > > (a) to carry on the business of providing principal arranged construction insurance with respect to major capital works projects in New South Wales,\n> > \n> > > (b) to manage the Construction Risks Insurance Fund,\n> > \n> > > (c) to enter into contracts, agreements or other arrangements with other persons (including re-insurers) for services relating to the exercise of the Corporation’s functions in connection with the provision of such principal arranged construction insurance and the management of the Construction Risks Insurance Fund.\n> \n> > (2) A project is a major capital works project for the purposes of subsection (1) (a) if—\n> > \n> > > (a) the construction contract for the project provides for the construction of a building, road, tramway, railway, bridge, tunnel or other capital works, and\n> > \n> > > (b) one or more of the principals in relation to the construction contract is or are the State or an authority of the State, and\n> > \n> > > (c) the project is—\n> > > \n> > > > (i) required to have mandatory Government arranged construction insurance, or\n> > > \n> > > > (ii) a project that the Minister, by order published in the Gazette, has declared to be a project involving major capital works for the purposes of this section.\n> \n> **s 8C:** Ins 2013 No 45, Sch 1 \\[8\\].","sortOrder":15},{"sectionNumber":"8D","sectionType":"section","heading":"Specific functions relating to special liability insurance","content":"#### 8D Specific functions relating to special liability insurance\n\n8D Specific functions relating to special liability insurance\n\n> > (1) The Self Insurance Corporation has the following functions—\n> > \n> > > (a) to carry on the business of providing special liability insurance to persons who provide the following services under contract with the Crown—\n> > > \n> > > > (i) the provision of out-of-home care,\n> > > \n> > > > (ii) youth homelessness services,\n> > \n> > > (b) to manage the Special Liability Insurance Fund,\n> > \n> > > (c) to enter into arrangements with other persons, including re-insurers, for services relating to the exercise of the Corporation’s functions under paragraphs (a) and (b).\n> \n> > (2) In this section—\n> > \n> > arrangements includes contracts and agreements.\n> > \n> > under contract with the Crown includes subcontracts under the contract with the Crown.\n> \n> **s 8D:** Ins 2024 No 54, Sch 1\\[2\\].","sortOrder":16},{"sectionNumber":"9","sectionType":"section","heading":"Delegation","content":"#### 9 Delegation\n\n9 Delegation\n\n> > (1) The Self Insurance Corporation may delegate to an authorised person any of the functions of the Corporation (other than this power of delegation).\n> \n> > (2) In this section—\n> > \n> > authorised person means—\n> > \n> > > (a) a member of staff of Insurance and Care NSW, or\n> > \n> > > (b) any person, or any class of persons, authorised for the purposes of this section by the regulations.\n> \n> **s 9:** Subst 2015 No 19, Sch 12 \\[4\\].","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Ownership and control of records","content":"#### 10 Ownership and control of records\n\n10 Ownership and control of records\n\n> > (1) Subject to the regulations, all records (within the meaning of the [State Records Act 1998](/view/html/inforce/current/act-1998-017)) 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.\n> \n> > (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.\n> \n> > (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.\n> > \n> > Maximum penalty—100 penalty units.","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Finance","content":"# Part 4 Finance\n\nPart 4 Finance","sortOrder":19},{"sectionNumber":"Division 1","sectionType":"division","heading":"Self Insurance Fund","content":"## Division 1 Self Insurance Fund\n\nDivision 1 Self Insurance Fund\n\n**pt 4, div 1, hdg:** Ins 2010 No 30, Sch 1 \\[5\\].","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Self Insurance Fund","content":"#### 11 Self Insurance Fund\n\n11 Self Insurance Fund\n\n> > (1) There is to be established in the Special Deposits Account a Self Insurance Fund (the Fund) into which is to be paid—\n> > \n> > > (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\n> > \n> > > (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\n> > \n> > > (c) all money advanced to the Self Insurance Corporation by the Minister or appropriated by Parliament for the purposes of the Fund, and\n> > \n> > > (d) all money directed or authorised to be paid into the Fund by or under this or any other Act, and\n> > \n> > > (e) the proceeds of the investment of money in the Fund, and\n> > \n> > > (f) all money received by the Self Insurance Corporation from any other source (except any money that is payable into the Home Building Compensation Fund or Construction Risks Insurance Fund).\n> \n> > (2) The Fund is to be applied for the purpose of enabling the Self Insurance Corporation to exercise its functions, other than an excluded function, including but not limited to the following—\n> > \n> > > (a) payment of claims to which a Government managed fund scheme applies,\n> > \n> > > (b) payment of Government managed fund scheme administration expenses,\n> > \n> > > (c) payment of the costs (including disbursements) of risk management, actuarial and legal services provided in connection with Government managed fund schemes,\n> > \n> > > (d) payments to provide incentives to authorities of the State to enhance the management of liabilities,\n> > \n> > > (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](/view/html/inforce/current/act-1987-070),\n> > \n> > > (f) payment into the Construction Risks Insurance Fund of such amounts as may be approved by the Minister for transfer into that Fund.\n> \n> > (3) All expenditure incurred by the Self Insurance Corporation, other than expenditure incurred in connection with an excluded function, is to be paid from the Fund.\n> \n> > (3A) All expenditure incurred by or on behalf of a NSW Government agency in providing services (including staff and facilities) for or in connection with any Government managed fund scheme is to be paid from the Fund.\n> \n> > (4) The Treasurer may from time to time direct the payment out of the Fund of such sums as the Treasurer considers to be surplus to the requirements of the Fund under this section and such sums are to be paid out of the Fund in accordance with the Treasurer’s direction.\n> \n> > (5) Any sum paid out of the Fund in accordance with the Treasurer’s direction is taken to be appropriated by this Act to the Treasurer, and may be issued and applied for or towards the recurrent services, or capital works and services, of the Crown.\n> \n> > (6) In this section—\n> > \n> > excluded function means a function of the Self Insurance Corporation relating to the following—\n> > \n> > > (a) the Home Building Compensation Fund,\n> > \n> > > (b) insurance under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147),\n> > \n> > > (c) the Construction Risks Insurance Fund,\n> > \n> > > (d) principal arranged construction insurance,\n> > \n> > > (e) the Special Liability Insurance Fund,\n> > \n> > > (f) special liability insurance.\n> \n> **s 11:** Am 2006 No 50, Sch 4 \\[1\\]; 2010 No 30, Sch 1 \\[6\\]–\\[9\\]; 2013 No 45, Sch 1 \\[9\\]–\\[12\\]; 2014 No 24, Sch 2 \\[7\\]; 2015 No 19, Sch 12 \\[5\\]; 2022 No 29, Sch 1.4\\[1\\] \\[2\\]; 2024 No 54, Sch 1\\[3\\]–\\[5\\].","sortOrder":21},{"sectionNumber":"12","sectionType":"section","heading":"Investment of money in Self Insurance Fund","content":"#### 12 Investment of money in Self Insurance Fund\n\n12 Investment of money in Self Insurance Fund\n\n> The Self Insurance Corporation may invest money in the Self Insurance Fund—\n> \n> > (a) if the Self Insurance Corporation is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Self Insurance Corporation is permitted to invest money under that Part, or\n> \n> > (b) if the Self Insurance Corporation is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Minister.\n> \n> **s 12:** Am 2010 No 30, Sch 1 \\[10\\]. Subst 2018 No 70, Sch 3.46 \\[1\\].","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Home Building Compensation Fund","content":"## Division 2 Home Building Compensation Fund\n\nDivision 2 Home Building Compensation Fund\n\n**pt 4, div 2, hdg:** Ins 2010 No 30, Sch 1 \\[11\\]. Am 2014 No 24, Sch 2 \\[8\\].\n\n**pt 4, div 2:** Ins 2010 No 30, Sch 1 \\[11\\].","sortOrder":23},{"sectionNumber":"12A","sectionType":"section","heading":"Home Building Compensation Fund","content":"#### 12A Home Building Compensation Fund\n\n12A Home Building Compensation Fund\n\n> > (1) There is to be established in the Special Deposits Account a Home Building Compensation Fund (the Fund).\n> \n> > (2) The following are to be paid into the Fund—\n> > \n> > > (a) all money received by the Self Insurance Corporation as insurance premiums for insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) that it provides,\n> > \n> > > (b) all money received by the Self Insurance Corporation from re-insurers in connection with insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) that it provides,\n> > \n> > > (c) all money recovered by the Self Insurance Corporation by the exercise of any right of subrogation or other right of recovery in connection with insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) that it provides,\n> > \n> > > (d) all money received under any security, guarantee or recourse held by the Self Insurance Corporation in respect of any policies for insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) that it has issued,\n> > \n> > > (e) all money advanced to the Fund by the Minister or appropriated by Parliament for the purposes of the Fund,\n> > \n> > > (f) the proceeds of the investment of money in the Fund,\n> > \n> > > (g) all money directed or authorised to be paid into the Fund by or under this or any other Act.\n> \n> > (2A) (Repealed)\n> \n> > (3) Money may be paid from the Fund for any of the following purposes—\n> > \n> > > (a) the payment of claims made under any insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) provided by the Self Insurance Corporation,\n> > \n> > > (b) the payment of the costs (including disbursements and commissions) of risk management, actuarial, agency, brokerage, legal and other services provided in connection with the administration of the insurance business under that Act of the Self Insurance Corporation,\n> > \n> > > (c) the payment of amounts required to meet administrative expenses in relation to the Fund,\n> > \n> > > (d) the payment into the Consolidated Fund of any amount that the Self Insurance Corporation considers (after applying an appropriate prudential margin) to be surplus to the requirements of the Fund from time to time to repay (whether in whole or in part) any money previously advanced to the Fund by the Minister or appropriated by Parliament for the purposes of the Fund,\n> > \n> > > (d1) the payment of costs incurred by or on behalf of a NSW Government agency in providing services (including staff and facilities) for or in connection with the insurance scheme established under this section,\n> > \n> > > (d2) the costs (as approved by the Minister administering Part 3 of the [State Insurance and Care Governance Act 2015](/view/html/inforce/current/act-2015-019)) incurred by the State Insurance Regulatory Authority in exercising functions in connection with that scheme,\n> > \n> > > (e) the payment of any other amounts directed or authorised to be paid from the Fund by or under this or any other Act.\n> \n> **s 12A:** Ins 2010 No 30, Sch 1 \\[11\\]. Am 2014 No 24, Sch 2 \\[9\\]; 2015 No 19, Sch 12 \\[6\\] \\[7\\]; 2017 No 28, Sch 2.3 \\[16\\]–\\[18\\].","sortOrder":24},{"sectionNumber":"12B","sectionType":"section","heading":null,"content":"#### 12B\n\n12B (Repealed)","sortOrder":25},{"sectionNumber":"Division 3","sectionType":"division","heading":"Construction Risks Insurance Fund","content":"## Division 3 Construction Risks Insurance Fund\n\nDivision 3 Construction Risks Insurance Fund\n\n**pt 4, div 3:** Ins 2013 No 45, Sch 1 \\[13\\].","sortOrder":27},{"sectionNumber":"12C","sectionType":"section","heading":"Construction Risks Insurance Fund","content":"#### 12C Construction Risks Insurance Fund\n\n12C Construction Risks Insurance Fund\n\n> > (1) There is to be established in the Special Deposits Account a Construction Risks Insurance Fund (the Fund).\n> \n> > (2) The following are to be paid into the Fund—\n> > \n> > > (a) all money received by the Self Insurance Corporation as insurance premiums for principal arranged construction insurance that it provides,\n> > \n> > > (b) all money received by the Self Insurance Corporation from re-insurers in connection with principal arranged construction insurance that it provides,\n> > \n> > > (c) all money recovered by the Self Insurance Corporation by the exercise of any right of subrogation or other right of recovery in connection with principal arranged construction insurance that it provides,\n> > \n> > > (d) all money received under any security, guarantee or recourse held by the Self Insurance Corporation in respect of any policies for principal arranged construction insurance that it has issued,\n> > \n> > > (e) all money transferred to the Fund from the Self Insurance Fund,\n> > \n> > > (f) all money advanced to the Fund by the Minister or appropriated by Parliament for the purposes of the Fund,\n> > \n> > > (g) the proceeds of the investment of money in the Fund,\n> > \n> > > (h) all money directed or authorised to be paid into the Fund by or under this or any other Act.\n> \n> > (3) Money may be paid from the Fund for any of the following purposes—\n> > \n> > > (a) the payment of claims made under any principal arranged construction insurance provided by the Self Insurance Corporation,\n> > \n> > > (b) the payment of the costs (including disbursements and commissions) of risk management, actuarial, agency, brokerage, legal and other services provided in connection with the administration of the principal arranged construction insurance business of the Self Insurance Corporation,\n> > \n> > > (b1) the payment of costs incurred by or on behalf of a NSW Government agency in providing services for or in connection with the principal arranged construction insurance business of the Self Insurance Corporation,\n> > \n> > > (c) the payment of amounts required to meet administrative expenses in relation to the Fund,\n> > \n> > > (d) the payment into the Consolidated Fund of any amount that the Self Insurance Corporation considers (after applying an appropriate prudential margin) to be surplus to the requirements of the Fund from time to time to repay (whether in whole or in part) any money previously advanced to the Fund by the Minister or appropriated by Parliament for the purposes of the Fund,\n> > \n> > > (e) the payment of any other amounts directed or authorised to be paid from the Fund by or under this or any other Act.\n> \n> **s 12C:** Ins 2013 No 45, Sch 1 \\[13\\]. Am 2015 No 19, Sch 12 \\[8\\].","sortOrder":28},{"sectionNumber":"12D","sectionType":"section","heading":null,"content":"#### 12D\n\n12D (Repealed)","sortOrder":29},{"sectionNumber":"Division 3A","sectionType":"division","heading":"Special Liability Insurance Fund","content":"## Division 3A Special Liability Insurance Fund\n\nDivision 3A Special Liability Insurance Fund\n\n**pt 4, div 3A:** Ins 2024 No 54, Sch 1\\[7\\].","sortOrder":31},{"sectionNumber":"12DA","sectionType":"section","heading":"Definition","content":"#### 12DA Definition\n\n12DA Definition\n\n> In this division—\n> \n> Fund—see section 12DB.\n> \n> **s 12DA:** Ins 2024 No 54, Sch 1\\[7\\].","sortOrder":32},{"sectionNumber":"12DB","sectionType":"section","heading":"Special Liability Insurance Fund","content":"#### 12DB Special Liability Insurance Fund\n\n12DB Special Liability Insurance Fund\n\n> There must be established in the Special Deposits Account a Special Liability Insurance Fund (the Fund).\n> \n> **s 12DB:** Ins 2024 No 54, Sch 1\\[7\\].","sortOrder":33},{"sectionNumber":"12DC","sectionType":"section","heading":"Payments to Fund","content":"#### 12DC Payments to Fund\n\n12DC Payments to Fund\n\n> The following must be paid into the Fund—\n> \n> > (a) all money received by the Self Insurance Corporation—\n> > \n> > > (i) as premiums for special liability insurance, or\n> > \n> > > (ii) from re-insurers in connection with special liability insurance, or\n> > \n> > > (iii) by the exercise of any right of subrogation or other right of recovery in connection with special liability insurance, or\n> > \n> > > (iv) under any security, guarantee or recourse held by the Self Insurance Corporation in connection with special liability insurance,\n> \n> > (b) all money—\n> > \n> > > (i) advanced to the Fund by the Minister, or\n> > \n> > > (ii) appropriated by Parliament for the purposes of the Fund, or\n> > \n> > > (iii) directed or authorised to be paid into the Fund by or under this or another Act,\n> \n> > (c) the proceeds of the investment of money in the Fund.\n> \n> **s 12DC:** Ins 2024 No 54, Sch 1\\[7\\].","sortOrder":34},{"sectionNumber":"12DD","sectionType":"section","heading":"Payments from Fund","content":"#### 12DD Payments from Fund\n\n12DD Payments from Fund\n\n> > (1) Money may be paid from the Fund for the following—\n> > \n> > > (a) claims made under special liability insurance,\n> > \n> > > (b) costs, including disbursements and commissions, of services provided in connection with the administration of the Corporation’s business,\n> > > \n> > > Example—\n> > > \n> > > risk management, actuarial, agency, brokerage and legal services\n> > \n> > > (c) costs incurred by or on behalf of a NSW Government agency in providing services in connection with the Corporation’s business,\n> > \n> > > (d) administrative expenses in connection with the Fund,\n> > \n> > > (e) repayments to the Consolidated Fund for payments made under section 12DC(b)(i) or (ii),\n> > \n> > > (f) amounts directed or authorised to be paid from the Fund by or under this or another Act.\n> \n> > (2) A repayment under subsection (1)(e) may be made if the Treasurer—\n> > \n> > > (a) considers the amount to be repaid is surplus to the requirements of the Fund, and\n> > \n> > > (b) in assessing whether the amount is surplus, has applied an appropriate prudential margin.\n> \n> > (3) In this section—\n> > \n> > Corporation’s business means the special liability insurance business of the Self Insurance Corporation.\n> \n> **s 12DD:** Ins 2024 No 54, Sch 1\\[7\\].","sortOrder":35},{"sectionNumber":"Division 4","sectionType":"division","heading":"General","content":"## Division 4 General\n\nDivision 4 General\n\n**pt 4, div 4:** Ins 2015 No 19, Sch 12 \\[9\\].","sortOrder":36},{"sectionNumber":"12E","sectionType":"section","heading":"Investment of money in funds","content":"#### 12E Investment of money in funds\n\n12E Investment of money in funds\n\n> > (1) The Self Insurance Corporation may invest money in a fund in accordance with the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), Part 6.\n> \n> > (2) The Treasurer may determine investment strategies for the investment of money in the funds.\n> \n> > (3) In this section—\n> > \n> > fund means a fund established under this part.\n> \n> **s 12E:** Ins 2015 No 19, Sch 12 \\[9\\]. Subst 2024 No 54, Sch 1\\[8\\].","sortOrder":37},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":38},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> > (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.\n> \n> > (1A) Without limiting subsection (1), the regulations may make provision for or with respect to the following—\n> > \n> > > (a) the making and keeping of records by insurance agents, insurance brokers and insurance intermediaries (or former insurance agents, former brokers and former insurance intermediaries) and the giving of access to those records by such agents, brokers or intermediaries (or former agents, former brokers or former intermediaries),\n> > \n> > > (b) the obligations of insurance agents, insurance brokers and insurance intermediaries (or former insurance agents, former brokers and former insurance intermediaries) with respect to confidentiality and disclosure of information (including personal information),\n> > \n> > > (c) the ownership, custody and control of records and other documents made and kept, or received and kept, by insurance agents, insurance brokers and insurance intermediaries (or former insurance agents, former brokers and former insurance intermediaries),\n> > \n> > > (d) any other conduct of insurance agents, insurance brokers and insurance intermediaries (including the monitoring of their conduct) in their capacities as agents, brokers and intermediaries,\n> > \n> > > (e) the conduct of building management service providers (including the monitoring of their conduct) in relation to builders who do residential building work that is insured by the Self Insurance Corporation,\n> > \n> > > (f) without limiting paragraphs (a)–(e)—standard terms concerning the provision of insurance under Part 6 of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) by or on behalf of the Self Insurance Corporation that are to be included, or that are taken to be included, in insurance agency or broker arrangements or in contracts, agreements or other arrangements between insurance agents, insurance brokers and insurance intermediaries.\n> \n> > (1B) Regulations made for the purposes of subsection (1A) (f) may extend to contracts, agreements or other arrangements entered into before the regulations commence.\n> \n> > (2) A regulation may create offences with a maximum penalty not exceeding 50 penalty units.\n> \n> **s 13:** Am 2010 No 30, Sch 1 \\[12\\]; 2014 No 24, Sch 2 \\[11\\]; 2017 No 28, Sch 2.3 \\[14\\] \\[16\\] \\[19\\]–\\[23\\].","sortOrder":39},{"sectionNumber":"14","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 14 Nature of proceedings for offences\n\n14 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 14:** Am 2007 No 94, Sch 2.","sortOrder":40},{"sectionNumber":"15","sectionType":"section","heading":"Seal of Corporation","content":"#### 15 Seal of Corporation\n\n15 Seal of Corporation\n\n> The seal of the Self Insurance Corporation is to be kept by the Minister and may be affixed to a document only—\n> \n> > (a) in the presence of the Minister, the chief executive or a member of staff of Insurance and Care NSW authorised in that behalf by the Minister, and\n> \n> > (b) with an attestation by the signature of the Minister, the chief executive or that member of staff of the fact of the affixing of the seal.\n> \n> **s 15:** Subst 2015 No 19, Sch 12 \\[10\\].","sortOrder":41},{"sectionNumber":"16","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 16 Savings, transitional and other provisions\n\n16 Savings, transitional and other provisions\n\n> Schedule 1 has effect.","sortOrder":42},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17 (Repealed)","sortOrder":43},{"sectionNumber":"18","sectionType":"section","heading":"Review of special liability insurance provisions","content":"#### 18 Review of special liability insurance provisions\n\n18 Review of special liability insurance provisions\n\n> > (1) The Minister must review the reviewable provisions of this Act to decide whether—\n> > \n> > > (a) the policy objectives of the reviewable provisions remain valid, and\n> > \n> > > (b) the terms of this Act remain appropriate for securing the policy objectives.\n> \n> > (2) The review must be undertaken as soon as possible after the period of 2 years from the commencement of the [NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024](/view/pdf/asmade/act-2024-54).\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period of 2 years.\n> \n> > (4) In this section—\n> > \n> > reviewable provisions means the provisions of this Act about special liability insurance and the Special Liability Insurance Fund.\n> \n> **s 18:** Subst 2024 No 54, Sch 1\\[9\\].","sortOrder":45},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Provisions relating to chief executive","content":"# Schedule 1A Provisions relating to chief executive\n\nSchedule 1A Provisions relating to chief executive\n\n(Section 5)\n\n**sch 1A:** Ins 2015 No 19, Sch 12 \\[11\\].","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 16)\n\n**sch 1:** Am 2006 No 50, Sch 4 \\[2\\]; 2010 No 30, Sch 1 \\[13\\] \\[14\\]; 2013 No 45, Sch 1 \\[14\\] \\[15\\]; 2014 No 24, Sch 2 \\[12\\]; 2016 No 55, Sch 1.18 \\[4\\]; 2024 No 54, Sch 1\\[10\\].","sortOrder":53},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2016","content":"# Part 6 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2016\n\nPart 6 Provision consequent on enactment of [Statute Law (Miscellaneous Provisions) Act (No 2) 2016](/view/html/repealed/current/act-2016-055)","sortOrder":66},{"sectionNumber":"Part 7","sectionType":"part","heading":"Provisions consequent on enactment of NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024","content":"# Part 7 Provisions consequent on enactment of NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024\n\nPart 7 Provisions consequent on enactment of [NSW Self Insurance Corporation Amendment (Special Liability Insurance) Act 2024](/view/pdf/asmade/act-2024-54)","sortOrder":68},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2006 No 58, Sch 4.","sortOrder":70}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has broadened from constituting a statutory Crown-representative self-insurer to include explicit statutory roles in home-building insurance (s8A; s12A), principal arranged construction insurance for major capital works (s8C; s12C) and special liability insurance for Crown-contracted out-of-home care and youth homelessness services (s8D; s12DB–12DD). It now includes powers to mandate service providers/agents (s8A(8)), to establish multiple dedicated funds with prescribed receipts and payments (ss11,12A,12C,12DB–12DD), and stronger Ministerial/Treasurer controls over governance, investments and surplus transfers (ss4–5, s11(4)–(5), s12E(2))."},"complexity_factors":["Multiple bespoke funds with distinct income and permitted outgoings (Self Insurance Fund, Home Building Compensation Fund, Construction Risks Insurance Fund, Special Liability Insurance Fund) and inter-fund transfers (ss11, 12A, 12C, 12DB–12DD).","Ministerial control over the Corporation’s functions and appointment/removal of the chief executive with wide discretion (ss4–5; Sch 1A cl 4).","Power to require builders to use specified building management service providers or specified insurance agents as a condition of insurance (s8A(8)).","Corporation may act as insured, enter indemnities, contract with agents, brokers and re-insurers, and delegate functions (ss8, 8A, 9) — creating layered contractual arrangements and agency chains.","Regulatory rule-making power covering conduct, records and standard terms for agents/intermediaries and building management providers, including retrospective application to contracts (s13(1), (1A), (1B)).","Exclusions and carve-outs (eg excluded functions in s11; declaration as an excluded matter from Corporations Act Chapter 7 in s8(4)) create interaction complexity with Commonwealth law and other NSW Acts.","Treasurer discretion to direct surplus payments from the Self Insurance Fund and to set investment strategies (s11(4)–(5); s12E(2)), affecting funding and fiscal flows.","Record ownership, control and penalties for non-compliance by agents or persons acting for the Corporation (s10; s13(1A)(a)–(c)), adding administrative compliance burdens."],"plain_english_summary":"This Act creates the NSW Self Insurance Corporation, authorises it to run government-managed insurance schemes and to hold separate funds for general, home-building, construction-risks and special-liability insurance, and lets it collect premiums/contributions and pay claims. It permits the Corporation to contract with insurers, agents and re-insurers, require builders to use specified managers or agents (s8A) and places the Corporation under Ministerial direction (ss4–5). It affects the State, state agencies, eligible officials, builders, contractors and insurance intermediaries by centralising insurance administration, funding flows and regulatory controls."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended 13 times between 2004 and 2024, strongly suggesting its scope has expanded or evolved beyond its original purpose. The frequency of amendments — particularly around 2009, 2013, 2015, 2018, and 2022 — points to the Corporation taking on additional functions, covering new types of government risk, or being restructured over time. The responsible Minister has also changed, now sitting with Work Health and Safety rather than potentially a Treasury or Finance portfolio, hinting at a shift in focus toward workforce-related insurance matters."},"complexity_factors":["The legislation establishes a statutory corporation (a government body created by law) with specialised governance rules that can be difficult for non-lawyers to navigate","It operates at the intersection of insurance law, corporate law, and public sector administration — three distinct legal areas","The Act has been amended 13 times since 2004, meaning the current law is layered with historical changes and its provisions may only make sense when read alongside earlier versions","The Corporation's powers and functions likely interact with multiple other NSW Acts (e.g., workers compensation legislation, Treasury legislation), creating dependencies that are not visible from this document alone","Financial and risk management concepts embedded in self-insurance arrangements (reserves, actuarial assessments, fund management) add technical complexity","Responsibility sits with the Minister for Work Health and Safety but the Corporation likely has cross-portfolio functions, which can create administrative complexity"],"plain_english_summary":"Establishes the NSW Self Insurance Corporation as the government’s in‑house insurer for public agencies, handling risks such as workplace injuries, property damage and liability instead of buying private cover. \n\nIt affects government agencies, people who claim against agencies, and taxpayers—intended to save public money and centralise claims management, while leaving the government itself exposed to the financial risk."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2004 purpose. Initially focused on managing the NSW Treasury Managed Fund (government self-insurance), it has grown to encompass: (1) home warranty insurance (added 2010), (2) construction risks insurance for major capital projects (added 2013), and (3) special liability insurance for abuse in out-of-home care (added 2024). The Act has transformed from a narrow government risk management tool into a multi-faceted insurer covering private sector builders, construction contractors, and non-government service providers."},"complexity_factors":["Multiple distinct insurance schemes with separate funds (Self Insurance Fund, Home Building Compensation Fund, Construction Risks Insurance Fund, Special Liability Insurance Fund), each with different payment in/out rules","Extensive cross-referencing to other Acts (Home Building Act 1989, Workers Compensation Act 1987, Government Sector Finance Act 2018, etc.)","Nested definitions and conditional logic, particularly in section 3 (definitions) where terms like 'eligible State official' and 'Government managed fund scheme' contain multiple sub-conditions and exclusions","Transitional provisions spanning multiple amending Acts (2010, 2013, 2014, 2016, 2024) with complex continuity rules","Specific exclusions from Commonwealth Corporations Act (section 8(4)) requiring understanding of federal-state interactions","Delegated legislative power in section 13 allowing regulations to create offences and prescribe detailed conduct rules for insurance intermediaries"],"plain_english_summary":"This Act creates a NSW Government-owned insurance company called the NSW Self Insurance Corporation. Its main jobs are:\n\n**1. Managing Government Insurance Schemes**\n- Runs the NSW Treasury Managed Fund (now called a 'Government managed fund scheme'), which covers workers compensation, motor vehicle accidents, and public liability claims for government agencies and employees\n- Handles claims and pays out money when government workers or agencies are liable for injuries or damage\n- Can buy insurance from private companies to cover its own risks, but cannot sell insurance directly to government agencies\n\n**2. Home Building Insurance**\n- Provides mandatory home warranty insurance for residential building work in NSW (required under the Home Building Act 1989)\n- Manages the Home Building Compensation Fund, which holds premiums and pays claims when builders go bust or do defective work\n- Can appoint insurance agents and brokers to sell these policies\n- Can require builders to use specific business management services as a condition of getting insurance\n\n**3. Construction Insurance for Major Projects**\n- Provides 'principal arranged construction insurance' for big government building projects (roads, bridges, railways, etc.)\n- Manages the Construction Risks Insurance Fund for this purpose\n- Covers both the government client and the contractors doing the work\n\n**4. Special Liability Insurance (New in 2024)**\n- Provides insurance covering claims for physical or sexual abuse of children in out-of-home care or youth homelessness services\n- Manages the Special Liability Insurance Fund\n- Only covers government-contracted service providers\n\n**Who it affects:**\n- NSW Government agencies and employees (covered by the main fund)\n- Builders and homeowners (home warranty insurance)\n- Construction companies working on major government projects\n- Non-government organisations providing foster care or youth homelessness services\n\n**Why it matters:**\nThis Act sets up the government's 'in-house' insurer, saving taxpayer money by self-insuring rather than buying commercial insurance. It also protects homeowners from dodgy builders and ensures abuse victims in care can get compensation even if the organisation responsible has no other insurance."}},"importantCases":[],"_links":{"self":"/api/acts/nsw-self-insurance-corporation-act-2004","history":"/api/acts/nsw-self-insurance-corporation-act-2004/history","analysis":"/api/acts/nsw-self-insurance-corporation-act-2004/analysis","conflicts":"/api/acts/nsw-self-insurance-corporation-act-2004/conflicts","importantCases":"/api/acts/nsw-self-insurance-corporation-act-2004/important-cases","documents":"/api/acts/nsw-self-insurance-corporation-act-2004/documents"}}