{"id":"nsw:act-2015-019","name":"State Insurance and Care Governance Act 2015","slug":"state-insurance-and-care-governance-act-2015","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"19 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29677,"registerId":"nsw-act-2015-019-current","compilationNumber":null,"startDate":"2026-04-01","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 [State Insurance and Care Governance Act 2015](/view/html/inforce/current/act-2015-019).","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> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > ICNSW Board means the board of directors of Insurance and Care NSW.\n> > \n> > Insurance and Care NSW (or ICNSW) means Insurance and Care NSW constituted under this Act.\n> > \n> > Nominal Insurer means the Workers Compensation Nominal Insurer established under section 154A of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070).\n> > \n> > SIRA Board means the Board of the State Insurance Regulatory Authority.\n> > \n> > State Insurance Regulatory Authority (or SIRA) means the State Insurance Regulatory Authority constituted under this Act.\n> > \n> > statement of business intent means a completed statement of business intent provided under section 10A(3)(c), as modified from time to time under that section.\n> > \n> > workers compensation and motor accidents legislation means any of the following Acts and the instruments under those Acts—\n> > \n> > > (a) [Workplace Injury Management and Workers Compensation Act 1998](/view/html/inforce/current/act-1998-086),\n> > \n> > > (b) [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070),\n> > \n> > > (c) [Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987](/view/html/inforce/current/act-1987-083),\n> > \n> > > (d) [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041),\n> > \n> > > (e) [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102),\n> > \n> > > (f) [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010).\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 2017 No 10, Sch 5.12; 2024 No 88, Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Insurance and Care NSW","content":"# Part 2 Insurance and Care NSW\n\nPart 2 Insurance and Care NSW","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution and management of ICNSW","content":"## Division 1 Constitution and management of ICNSW\n\nDivision 1 Constitution and management of ICNSW","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of Insurance and Care NSW","content":"#### 4 Constitution of Insurance and Care NSW\n\n4 Constitution of Insurance and Care NSW\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of Insurance and Care NSW.\n> \n> > (2) ICNSW is, for the purposes of any Act, a NSW Government agency.\n> > \n> > Note.\n> > \n> > See section 13A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Board of directors of ICNSW","content":"#### 5 Board of directors of ICNSW\n\n5 Board of directors of ICNSW\n\n> > (1) There is to be a board of directors of Insurance and Care NSW.\n> \n> > (2) The ICNSW Board is to consist of the following directors—\n> > \n> > > (a) the Secretary of the Treasury, or an officer of the Treasury nominated by the Secretary of the Treasury to represent the Secretary,\n> > \n> > > (b) the following directors appointed by the Minister (the appointed directors)—\n> > > \n> > > > (i) 1 director nominated by an employee body,\n> > > \n> > > > (ii) 1 director nominated by an employer body,\n> > > \n> > > > (iii) up to 6 other directors.\n> > \n> > Note.\n> > \n> > Schedule 1 contains provisions relating to the board of directors of ICNSW.\n> \n> > (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.\n> \n> > (4) A person who is an appointed member of the SIRA Board is ineligible to be appointed as a director of the ICNSW Board.\n> \n> > (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.\n> \n> > (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—\n> > \n> > > (a) the Minister may appoint a director under that subparagraph, and\n> > \n> > > (b) the appointment is taken to have been made as if the director had been nominated under the subparagraph.\n> \n> > (7) In this section—\n> > \n> > employee body means Unions NSW.\n> > \n> > employer body means a body that represents employers in New South Wales.\n> \n> **s 5:** Am 2023 No 16, Sch 1\\[1\\] \\[2\\]; 2024 No 88, Sch 1\\[2\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Role of ICNSW Board","content":"#### 6 Role of ICNSW Board\n\n6 Role of ICNSW Board\n\n> > (1) All decisions relating to the functions of ICNSW are to be made by or under the authority of the ICNSW Board.\n> \n> > (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.\n> \n> > (3) The ICNSW Board has the following functions—\n> > \n> > > (a) to give the Minister any information relating to the activities of ICNSW that the Minister requests,\n> > \n> > > (b) to keep the Minister informed of the general conduct of ICNSW’s activities and of any significant development in ICNSW’s activities,\n> > \n> > > (c) to determine general policies for ICNSW and to give directions to the chief executive of ICNSW in relation to the ICNSW’s activities,\n> > \n> > > (d) such other functions as are conferred or imposed on it by or under this or any other Act or law.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Power of Minister to give directions in public interest","content":"#### 7 Power of Minister to give directions in public interest\n\n7 Power of Minister to give directions in public interest\n\n> > (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.\n> \n> > (2) The ICNSW Board must ensure that the direction is complied with.\n> \n> > (3) Before giving a direction under this section, the Minister must—\n> > \n> > > (a) consult with the ICNSW Board, and\n> > \n> > > (b) request the Board to advise the Minister whether, in its opinion, complying with the direction would promote the objectives of ICNSW.\n> \n> > (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.\n> \n> **s 7:** Am 2023 No 33, Sch 1\\[1\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Chief executive of ICNSW","content":"#### 8 Chief executive of ICNSW\n\n8 Chief executive of ICNSW\n\n> > (1) The ICNSW Board is to employ a person as the chief executive of ICNSW.\n> > \n> > Note.\n> > \n> > Schedule 2 contains provisions relating to the chief executive of ICNSW.\n> \n> > (1A) A person may be appointed as the chief executive of ICNSW only with the Minister’s approval.\n> \n> > (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.\n> \n> **s 8:** Am 2024 No 88, Sch 1\\[3\\] \\[4\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Committees of ICNSW Board","content":"#### 9 Committees of ICNSW Board\n\n9 Committees of ICNSW Board\n\n> > (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.\n> \n> > (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.\n> \n> > (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.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Objectives and functions of ICNSW","content":"## Division 2 Objectives and functions of ICNSW\n\nDivision 2 Objectives and functions of ICNSW\n\n**pt 2, div 2, hdg:** Am 2023 No 33, Sch 1\\[2\\].","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":"Principal objectives of ICNSW","content":"#### 9A Principal objectives of ICNSW\n\n9A Principal objectives of ICNSW\n\n> The principal objectives of ICNSW in exercising its functions are as follows—\n> \n> > (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,\n> \n> > (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,\n> \n> > (c) to promote efficiency, transparency and accountability in the conduct of ICNSW’s operations.\n> \n> **s 9A:** Ins 2023 No 33, Sch 1\\[3\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Functions of ICNSW","content":"#### 10 Functions of ICNSW\n\n10 Functions of ICNSW\n\n> > (1) ICNSW has the following functions—\n> > \n> > > (a) to act for the Nominal Insurer in accordance with section 154C of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070),\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (d) to monitor the performance of the insurance or compensation schemes in respect of which it provides services,\n> > \n> > > (e) such other functions as are conferred or imposed on it by or under this or any other Act.\n> > > \n> > > Note.\n> > > \n> > > These other functions include preparing annual reporting information under the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).\n> \n> > (2) Each of the following is a relevant authority for the purposes of this section—\n> > \n> > > (a) the Workers Compensation (Dust Diseases) Authority constituted under the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014),\n> > \n> > > (b) the Lifetime Care and Support Authority of New South Wales constituted under the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016),\n> > \n> > > (c) the Sporting Injuries Compensation Authority constituted under the [Sporting Injuries Insurance Act 1978](/view/html/inforce/current/act-1978-141),\n> > \n> > > (d) the NSW Self Insurance Corporation constituted under the [NSW Self Insurance Corporation Act 2004](/view/html/inforce/current/act-2004-106).\n> > \n> > > (e) (Repealed)\n> \n> **s 10:** Am 2016 No 55, Sch 1.28; 2018 No 70, Sch 4.94; 2024 No 53, Sch 2.5.","sortOrder":14},{"sectionNumber":"10A","sectionType":"section","heading":"Preparation of annual statement of business intent","content":"#### 10A Preparation of annual statement of business intent\n\n10A Preparation of annual statement of business intent\n\n> > (1) ICNSW must—\n> > \n> > > (a) prepare a draft statement of business intent for each financial year of ICNSW, and\n> > \n> > > (b) submit the draft statement of business intent to the Minister not later than 1 month after the commencement of the financial year to which the statement relates.\n> \n> > (2) ICNSW must consider any comments on the draft statement of business intent made by the Minister if the comments are made within 2 months after the commencement of the financial year of ICNSW.\n> \n> > (3) ICNSW must—\n> > \n> > > (a) consult in good faith with the Minister about the comments made by the Minister about the draft statement of business intent, and\n> > \n> > > (b) make changes to the draft statement of business intent agreed between the Minister and ICNSW, and\n> > \n> > > (c) provide the completed statement of business intent within 3 months after the commencement of the financial year of ICNSW.\n> \n> > (4) The statement of business intent must not, before the statement is tabled in both Houses of Parliament, be published or otherwise made available to the public without the prior approval of the Minister and ICNSW.\n> \n> > (5) A statement of business intent may be modified at any time by ICNSW with the agreement of the Minister.\n> \n> > (6) If ICNSW, by written notice to the Minister, proposes a modification to the statement of business intent, ICNSW may, within 14 days after giving the written notice, make the modification unless the Minister, by written notice to ICNSW, directs ICNSW not to make the modification.\n> \n> > (7) The Minister may, from time to time, by written notice to ICNSW, direct ICNSW to amend and resubmit a statement of business intent in the way and time specified in the notice.\n> \n> > (8) Before giving a notice under subsection (7), the Minister must consult with ICNSW about the matters to be referred to in the notice.\n> \n> > (9) ICNSW must comply with a notice given under subsection (7).\n> \n> **s 10A:** Ins 2024 No 88, Sch 1\\[5\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Contents of statement of business intent","content":"#### 11 Contents of statement of business intent\n\n11 Contents of statement of business intent\n\n> > (1) (Repealed)\n> \n> > (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—\n> > \n> > > (a) the objectives of ICNSW and its main undertakings,\n> > \n> > > (b) the nature and scope of the activities to be undertaken,\n> > \n> > > (c) the accounting policies to be applied in the financial reports of ICNSW,\n> > \n> > > (d) the performance targets and other measures by which the performance of ICNSW may be judged in relation to its stated objectives,\n> > \n> > > (e) any other matter required by the Minister.\n> \n> > (3) (Repealed)\n> \n> **s 11:** Am 2024 No 88, Sch 1\\[6\\] \\[7\\].","sortOrder":16},{"sectionNumber":"11A","sectionType":"section","heading":"Tabling of statement of business intent and certain related documents","content":"#### 11A Tabling of statement of business intent and certain related documents\n\n11A Tabling of statement of business intent and certain related documents\n\n> > (1) The Minister must ensure the following documents are tabled in each House of Parliament within 14 sitting days after the Minister receives the document—\n> > \n> > > (a) a statement of business intent provided to the Minister under section 10A(3)(c),\n> > \n> > > (b) if a statement of business intent is modified under section 10A—a copy of the modification,\n> > \n> > > (c) if a notice is given under section 10A(6) directing ICNSW not to modify a statement of business intent—a copy of the notice,\n> > \n> > > (d) if a notice is given under section 10A(7) directing ICNSW to amend and resubmit a statement of business intent—a copy of the notice.\n> \n> > (2) If the Minister tables a document under subsection (1), the document must be accompanied by a statement about whether the statement of business intent embodies any changes made to the description of the main undertakings of ICNSW.\n> \n> > (3) Before a document referred to in subsection (1) is tabled, the Minister may remove any information of a commercially sensitive nature.\n> \n> **s 11A:** Ins 2024 No 88, Sch 1\\[8\\].","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Investment strategies for scheme funds","content":"#### 12 Investment strategies for scheme funds\n\n12 Investment strategies for scheme funds\n\n> > (1) ICNSW is to determine investment strategies for the investment of any scheme fund.\n> \n> > (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.\n> \n> > (3) ICNSW may enter into agreements or arrangements to determine investment strategies for the investment of any other insurance or compensation fund.\n> \n> > (4) Each of the following is a scheme fund for the purposes of this section—\n> > \n> > > (a) the Workers Compensation Insurance Fund established under section 154D of the [Workers Compensation Act 1987](/view/html/inforce/current/act-1987-070),\n> > \n> > > (b) the Workers’ Compensation (Dust Diseases) Fund constituted under the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014),\n> > \n> > > (c) the Bush Fire Fighters Compensation Fund established under section 19 of the [Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987](/view/html/inforce/current/act-1987-083),\n> > \n> > > (d) the Emergency and Rescue Workers Compensation Fund established under section 31 of the [Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987](/view/html/inforce/current/act-1987-083),\n> > \n> > > (e) the Lifetime Care and Support Authority Fund established under section 48 of the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016),\n> > \n> > > (f) the Sporting Injuries Fund established under section 11 of the [Sporting Injuries Insurance Act 1978](/view/html/inforce/current/act-1978-141),\n> > \n> > > (g) the Supplementary Sporting Injuries Fund established under section 11A of the [Sporting Injuries Insurance Act 1978](/view/html/inforce/current/act-1978-141).","sortOrder":18},{"sectionNumber":"12A","sectionType":"section","heading":"Power of Treasurer to give directions to provide information","content":"#### 12A Power of Treasurer to give directions to provide information\n\n12A Power of Treasurer to give directions to provide information\n\n> > (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.\n> \n> > (2) ICNSW must comply with a direction under this section.\n> \n> > (3) The Treasurer may delegate to the Secretary of the Treasury the function of the Treasurer under this section.\n> \n> **s 12A:** Ins 2023 No 33, Sch 1\\[4\\].","sortOrder":19},{"sectionNumber":"13","sectionType":"section","heading":"Delegation of ICNSW’s functions","content":"#### 13 Delegation of ICNSW’s functions\n\n13 Delegation of ICNSW’s functions\n\n> > (1) ICNSW may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (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.\n> \n> > (3) In this section—\n> > \n> > authorised person means any of the following—\n> > \n> > > (a) the chief executive of ICNSW,\n> > \n> > > (b) a director of the ICNSW Board,\n> > \n> > > (c) a member of staff of ICNSW,\n> > \n> > > (d) a member of a committee of the ICNSW Board,\n> > \n> > > (e) a person or body prescribed by the regulations.","sortOrder":20},{"sectionNumber":"Division 3","sectionType":"division","heading":"Staff of ICNSW","content":"## Division 3 Staff of ICNSW\n\nDivision 3 Staff of ICNSW","sortOrder":21},{"sectionNumber":"14","sectionType":"section","heading":"Employment of staff","content":"#### 14 Employment of staff\n\n14 Employment of staff\n\n> ICNSW is authorised to employ such staff as it requires to exercise its functions. The provisions of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) relating to the employment of Public Service employees do not apply to the staff employed by ICNSW.","sortOrder":22},{"sectionNumber":"15","sectionType":"section","heading":"Salary, conditions etc of staff","content":"#### 15 Salary, conditions etc of staff\n\n15 Salary, conditions etc of staff\n\n> > (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.\n> \n> > (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.","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"ICNSW senior executives","content":"#### 16 ICNSW senior executives\n\n16 ICNSW senior executives\n\n> > (1) In this section—\n> > \n> > executive position means a position as a member of staff of ICNSW that—\n> > \n> > > (a) has a remuneration level greater than that for a clerk (grade 12) in the Public Service with general administrative duties, and\n> > \n> > > (b) is designated by ICNSW as an executive position.\n> > \n> > senior executive means a member of staff of ICNSW holding an executive position.\n> \n> > (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.\n> \n> > (3) ICNSW may terminate the employment of a senior executive at any time, for any or no stated reason and without notice.\n> \n> > (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).\n> \n> > (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](/view/html/inforce/current/act-1996-017).\n> \n> > (6) Parts 6, 7 and 9 of Chapter 2 of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017) do not apply to or in respect of the employment of a senior executive.\n> \n> > (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.\n> \n> > (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](/view/html/inforce/current/act-1996-017).\n> \n> > (9) In subsections (5)–(8), a reference to the employment of a senior executive is a reference to—\n> > \n> > > (a) the appointment of, or failure to appoint, a person as such an executive, or\n> > \n> > > (b) the removal, retirement, termination of employment or other cessation of office of a senior executive, or\n> > \n> > > (c) any disciplinary proceedings or disciplinary action taken against a senior executive, or\n> > \n> > > (d) the remuneration or other conditions of employment of a senior executive.","sortOrder":24},{"sectionNumber":"Division 4","sectionType":"division","heading":"Investment management of scheme funds","content":"## Division 4 Investment management of scheme funds\n\nDivision 4 Investment management of scheme funds\n\n**pt 2, div 4 (ss 16A–16C):** Ins 2015 No 54, Sch 1.","sortOrder":25},{"sectionNumber":"16A","sectionType":"section","heading":"Definitions","content":"#### 16A Definitions\n\n16A Definitions\n\n> In this Division—\n> \n> investment management services include (but are not limited to) the following—\n> \n> > (a) managing investments for the whole or part of a scheme fund,\n> \n> > (b) advising on investments and investment strategies and other related strategies for the whole or part of a scheme fund,\n> \n> > (c) services in relation to the custody of the assets and securities of the whole or part of a scheme fund.\n> \n> 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.\n> \n> scheme fund means a fund referred to in section 12 (4).\n> \n> scheme fund investment strategy means an investment strategy for a scheme fund determined by ICNSW under section 12.\n> \n> **pt 2, div 4 (ss 16A–16C):** Ins 2015 No 54, Sch 1.","sortOrder":26},{"sectionNumber":"16B","sectionType":"section","heading":"Investment managers for scheme funds","content":"#### 16B Investment managers for scheme funds\n\n16B Investment managers for scheme funds\n\n> > (1) The Treasurer may, by order in writing given to the authority responsible for administering a scheme fund, require—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (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.\n> \n> > (3) The Treasurer must consult with the responsible authority and the proposed mandated investment manager before giving an order under this section.\n> \n> > (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).\n> \n> > (5) The terms and conditions must not be inconsistent with any scheme fund investment strategy for the scheme fund or the relevant Act.\n> \n> > (6) A mandated investment manager (or an investment manager engaged by the mandated investment manager to provide relevant services)—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (7) An order under this section takes effect on the day specified in the order.\n> \n> **pt 2, div 4 (ss 16A–16C):** Ins 2015 No 54, Sch 1.","sortOrder":27},{"sectionNumber":"16C","sectionType":"section","heading":"Prudential standards or reporting and auditing requirements","content":"#### 16C Prudential standards or reporting and auditing requirements\n\n16C Prudential standards or reporting and auditing requirements\n\n> > (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.\n> \n> > (2) Before making an order under this section, the Minister is to consult ICNSW on the proposed standards or requirements.\n> \n> > (3) An order under this section takes effect on the day specified in the order.\n> \n> > (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.\n> \n> **pt 2, div 4 (ss 16A–16C):** Ins 2015 No 54, Sch 1.","sortOrder":28},{"sectionNumber":"Part 3","sectionType":"part","heading":"State Insurance Regulatory Authority","content":"# Part 3 State Insurance Regulatory Authority\n\nPart 3 State Insurance Regulatory Authority","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Constitution of State Insurance Regulatory Authority","content":"#### 17 Constitution of State Insurance Regulatory Authority\n\n17 Constitution of State Insurance Regulatory Authority\n\n> > (1) There is constituted by this Act a body corporate with the corporate name of the State Insurance Regulatory Authority.\n> \n> > (2) SIRA is, for the purposes of any Act, a NSW Government agency.\n> > \n> > Note.\n> > \n> > See section 13A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).","sortOrder":31},{"sectionNumber":"18","sectionType":"section","heading":"SIRA Board","content":"#### 18 SIRA Board\n\n18 SIRA Board\n\n> > (1) There is to be a Board of the State Insurance Regulatory Authority.\n> \n> > (2) The SIRA Board is to consist of the following members—\n> > \n> > > (a) the chief executive of SIRA,\n> > \n> > > (b) the Secretary of the Department of Finance, Services and Innovation or a person nominated by the Secretary,\n> > \n> > > (c) up to 5 other members appointed by the Minister (the appointed members).\n> > \n> > Note.\n> > \n> > Schedule 3 contains provisions relating to the members and procedure of the SIRA Board.\n> \n> > (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](/view/html/inforce/current/act-1989-147) and that will assist SIRA in attaining its objectives.\n> \n> > (4) A person who is an appointed director of the ICNSW Board is ineligible to be appointed as a member of the SIRA Board.\n> \n> > (5) The SIRA Board has the following functions—\n> > \n> > > (a) to determine the general policies and strategic direction of SIRA,\n> > \n> > > (b) to oversee the performance of the activities of SIRA,\n> > \n> > > (c) to give the Minister any information relating to the activities of SIRA that the Minister requests,\n> > \n> > > (d) to keep the Minister informed of the general conduct of SIRA’s activities and of any significant development in SIRA’s activities,\n> > \n> > > (e) such other functions as are conferred or imposed on it by or under this or any other Act or law.\n> \n> **s 18:** Am 2015 No 58, Sch 2.27; 2017 No 28, Sch 2.6 \\[1\\]; 2018 No 62, Sch 7.1.","sortOrder":32},{"sectionNumber":"19","sectionType":"section","heading":"Chief executive of SIRA","content":"#### 19 Chief executive of SIRA\n\n19 Chief executive of SIRA\n\n> > (1) The chief executive of SIRA is the person employed in the Department of Finance, Services and Innovation as the chief executive of SIRA.\n> \n> > (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.\n> \n> > (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.","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Ministerial directions","content":"#### 20 Ministerial directions\n\n20 Ministerial directions\n\n> > (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.\n> \n> > (2) SIRA must ensure that the direction is complied with.\n> \n> > (3) SIRA must include in its annual report particulars of each direction given under this section during the year to which the report relates.\n> \n> > (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.","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Staff of SIRA","content":"#### 21 Staff of SIRA\n\n21 Staff of SIRA\n\n> Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable SIRA to exercise its functions.\n> \n> Note.\n> \n> Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) 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](/view/html/inforce/current/act-1902-032) precludes SIRA from employing staff.","sortOrder":35},{"sectionNumber":"22","sectionType":"section","heading":"Committees of SIRA Board","content":"#### 22 Committees of SIRA Board\n\n22 Committees of SIRA Board\n\n> > (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.\n> \n> > (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.\n> \n> > (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.","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"Principal objectives of SIRA","content":"#### 23 Principal objectives of SIRA\n\n23 Principal objectives of SIRA\n\n> The principal objectives of SIRA in exercising its functions are as follows—\n> \n> > (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](/view/html/inforce/current/act-1989-147) and the other Acts under which SIRA exercises functions,\n> \n> > (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,\n> \n> > (c) to promote workplace injury prevention, effective injury management and return to work measures and programs,\n> \n> > (d) to ensure that persons injured in the workplace or in motor accidents have access to treatment that will assist with their recovery,\n> \n> > (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](/view/html/inforce/current/act-1989-147),\n> \n> > (f) to promote compliance with the workers compensation and motor accidents legislation and the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> **s 23:** Am 2017 No 28, Sch 2.6 \\[1\\].","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Functions of SIRA","content":"#### 24 Functions of SIRA\n\n24 Functions of SIRA\n\n> > (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](/view/html/inforce/current/act-1989-147)).\n> \n> > (2) The functions of SIRA also include the following—\n> > \n> > > (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](/view/html/inforce/current/act-1989-147),\n> > \n> > > (b) to encourage and promote the carrying out of sound prudential practices by insurers under that legislation and the [Home Building Act 1989](/view/html/inforce/current/act-1989-147),\n> > \n> > > (c) to evaluate the effectiveness and carrying out of those practices.\n> \n> > (3) In this section, a reference to an insurer under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) includes a reference to the provider of an alternative indemnity product under that Act.\n> \n> **s 24:** Am 2017 No 28, Sch 2.6 \\[1\\] \\[2\\].","sortOrder":39},{"sectionNumber":"25","sectionType":"section","heading":"Investigation and report by IPART","content":"#### 25 Investigation and report by IPART\n\n25 Investigation and report by IPART\n\n> > (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.\n> \n> > (2) Except as provided by the regulations, Division 7 of Part 3 of the [Independent Pricing and Regulatory Tribunal Act 1992](/view/html/inforce/current/act-1992-039) 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.","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Delegation","content":"#### 26 Delegation\n\n26 Delegation\n\n> > (1) SIRA may delegate to an authorised person any of its functions, other than this power of delegation.\n> \n> > (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.\n> \n> > (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.\n> \n> > (4) In this section—\n> > \n> > authorised person means any of the following—\n> > \n> > > (a) a member of staff of SIRA,\n> > \n> > > (b) a member of the SIRA Board or a committee of the SIRA Board,\n> > \n> > > (c) a person or body prescribed by the regulations.","sortOrder":41},{"sectionNumber":"26A","sectionType":"section","heading":"Definitions","content":"#### 26A Definitions\n\n26A Definitions\n\n> In this Division—\n> \n> 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.\n> \n> relevant service means a service prescribed by the regulations provided in connection with a claim under the workers compensation and motor accidents legislation.\n> \n> 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.\n> \n> **s 26A:** Ins 2022 No 25, Sch 3.3\\[1\\].","sortOrder":43},{"sectionNumber":"26B","sectionType":"section","heading":"Relationship of Division with other law","content":"#### 26B Relationship of Division with other law\n\n26B Relationship of Division with other law\n\n> > (1) The provisions of this Division apply despite anything to the contrary in another Act or law.\n> \n> > (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.\n> \n> **s 26B:** Ins 2022 No 25, Sch 3.3\\[1\\].","sortOrder":44},{"sectionNumber":"26C","sectionType":"section","heading":"Direction to provide data to SIRA","content":"#### 26C Direction to provide data to SIRA\n\n26C Direction to provide data to SIRA\n\n> > (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.\n> \n> > (2) A relevant service provider must comply with a direction given to the provider under this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—500 penalty units, or\n> > \n> > > (b) for another person—100 penalty units.\n> \n> > (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](/view/html/inforce/current/act-1998-133) or the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071).\n> \n> **s 26C:** Ins 2022 No 25, Sch 3.3\\[1\\].","sortOrder":45},{"sectionNumber":"26D","sectionType":"section","heading":"Directions concerning relevant services by relevant service providers","content":"#### 26D Directions concerning relevant services by relevant service providers\n\n26D Directions concerning relevant services by relevant service providers\n\n> > (1) SIRA may give 1 or more of the following written directions to a relevant service provider—\n> > \n> > > (a) a direction requiring the provider to take specified action, or provide specified information, concerning specified relevant services,\n> > \n> > > (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,\n> > \n> > > (c) a direction requiring the provider not to provide specified relevant services for the purposes of the workers compensation and motor accidents legislation,\n> > \n> > > (d) a direction requiring the provider not to provide any relevant services for the purposes of the workers compensation and motor accidents legislation.\n> \n> > (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.\n> \n> > (3) A relevant service provider must comply with a direction given to the provider under this section.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a corporation—500 penalty units, or\n> > \n> > > (b) for another person—100 penalty units.\n> \n> > (4) The regulations may make provision for or concerning the following—\n> > \n> > > (a) the giving and form of directions under this section,\n> > \n> > > (b) the circumstances in which directions may be given under this section,\n> > \n> > > (c) the periods during which directions under this section have effect, including providing for directions of indefinite duration,\n> > \n> > > (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,\n> > \n> > > (e) the revocation and variation of directions given under this section,\n> > \n> > > (f) appeal or review procedures for directions given under subsection (1)(a) or (b).\n> > > \n> > > Note—\n> > > \n> > > 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](/view/html/inforce/current/act-1997-076) of a direction under subsection (1)(c) or (d).\n> \n> **s 26D:** Ins 2022 No 25, Sch 3.3\\[1\\].","sortOrder":46},{"sectionNumber":"26E","sectionType":"section","heading":"Guidelines for provision of relevant services by relevant service providers","content":"#### 26E Guidelines for provision of relevant services by relevant service providers\n\n26E Guidelines for provision of relevant services by relevant service providers\n\n> > (1) SIRA may issue guidelines concerning the provision of relevant services by relevant service providers.\n> \n> > (2) Without limiting subsection (1)—\n> > \n> > > (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\n> > \n> > > (b) the provisions of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 42(2) apply to the guidelines in the same way as they apply to statutory rules.\n> \n> > (3) SIRA may, wholly or partly, amend, revoke or replace the guidelines.\n> \n> > (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.\n> \n> > (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.\n> \n> > (6) The guidelines must be published in the Gazette.\n> \n> > (7) The guidelines take effect on—\n> > \n> > > (a) the day the guidelines are published, or\n> > \n> > > (b) if a later day is specified in the guidelines—the later day.\n> \n> **s 26E:** Ins 2022 No 25, Sch 3.3\\[1\\]. Am 2026 No 2, Sch 1.6.","sortOrder":47},{"sectionNumber":"26F","sectionType":"section","heading":"Review of directions by NCAT","content":"#### 26F Review of directions by NCAT\n\n26F Review of directions by NCAT\n\n> 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](/view/html/inforce/current/act-1997-076) of the direction.\n> \n> **s 26F:** Ins 2022 No 25, Sch 3.3\\[1\\].","sortOrder":48},{"sectionNumber":"26G","sectionType":"section","heading":"Register of directed service providers","content":"#### 26G Register of directed service providers\n\n26G Register of directed service providers\n\n> > (1) SIRA may keep a register of relevant service providers given directions under section 26D.\n> \n> > (2) The regulations may make provision for or concerning the following—\n> > \n> > > (a) the form of the register,\n> > \n> > > (b) information to be recorded on the register,\n> > \n> > > (c) the updating or removal of information on the register,\n> > \n> > > (d) the provision of access to, or the publication of information contained on, the register.\n> \n> > (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.\n> \n> > (4) Without limiting subsection (3), a person does not incur liability for publishing in good faith—\n> > \n> > > (a) information contained on the register, or\n> > \n> > > (b) a fair report or summary of information contained on the register.\n> \n> > (5) In this section—\n> > \n> > liability includes liability for defamation.\n> \n> **s 26G:** Ins 2022 No 25, Sch 3.3\\[1\\].","sortOrder":49},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":50},{"sectionNumber":"27","sectionType":"section","heading":"Supervision of operation of insurance and compensation schemes by Parliamentary Committee","content":"#### 27 Supervision of operation of insurance and compensation schemes by Parliamentary Committee\n\n27 Supervision of operation of insurance and compensation schemes by Parliamentary Committee\n\n> > (1) As soon as practicable after the commencement of this section and the commencement of the first session of each Parliament, a committee of the Legislative Council is to be designated by resolution of the Legislative Council as the designated committee for the purposes of this section.\n> \n> > (2) The resolution of the Legislative Council is to specify the terms of reference of the committee so designated which are to relate to the supervision of the operation of the insurance and compensation schemes established under the workers compensation and motor accidents legislation.\n> \n> > (3) On the commencement of this section, the Parliamentary Committee designated under section 11 of the [Safety, Return to Work and Support Board Act 2012](/view/html/repealed/current/act-2012-054) (as in force immediately before its repeal by this Act) is taken to be the designated committee under this section.\n> \n> > (4) In this section, the workers compensation and motor accidents legislation includes the following—\n> > \n> > > (a) the [Motor Accidents (Lifetime Care and Support) Act 2006](/view/html/inforce/current/act-2006-016),\n> > \n> > > (b) the [Workers’ Compensation (Dust Diseases) Act 1942](/view/html/inforce/current/act-1942-014).","sortOrder":51},{"sectionNumber":"28","sectionType":"section","heading":"Exclusion of personal liability","content":"#### 28 Exclusion of personal liability\n\n28 Exclusion of personal liability\n\n> > (1) A matter or thing done or omitted to be done by—\n> > \n> > > (a) ICNSW or SIRA, or\n> > \n> > > (b) the ICNSW Board or the SIRA Board (or a committee of such a board), or\n> > \n> > > (c) a director of the ICNSW Board or a member of the SIRA Board, or\n> > \n> > > (d) the chief executive of ICNSW or SIRA, or\n> > \n> > > (e) a member of staff of ICNSW or SIRA, or\n> > \n> > > (f) a person acting under the direction of ICNSW, SIRA, the ICNSW Board, the SIRA Board, a director or member, or a committee, of any such board or the chief executive of ICNSW or SIRA,\n> > \n> > does not, if the matter or thing was done or omitted to be done in good faith for the purposes of executing this Act or any other Act, subject any director or member of the board or committee concerned, the chief executive, the member of staff or the person so acting personally to any action, liability, claim or demand.\n> \n> > (2) A reference in subsection (1) to the execution of this Act includes a reference to the execution of the provisions of any other Act that confers or imposes functions on ICNSW or SIRA.","sortOrder":52},{"sectionNumber":"29","sectionType":"section","heading":"Seal of authorities and recovery of money by authorities","content":"#### 29 Seal of authorities and recovery of money by authorities\n\n29 Seal of authorities and recovery of money by authorities\n\n> > (1) The seal of an authority is to be kept by the chief executive of the authority and may be affixed to a document only—\n> > \n> > > (a) in the presence of the chief executive of the authority or a member of staff of the authority who is authorised for the purpose by the chief executive of the authority, and\n> > \n> > > (b) with an attestation by the signature of the chief executive or that member of staff of the fact of the affixing of the seal.\n> \n> > (2) Any charge, fee or money due to an authority, or to the Crown in respect of the activities of the authority, may be recovered by the authority as a debt in a court of competent jurisdiction if no express provision is otherwise made for its recovery.\n> \n> > (3) In this section, authority means ICNSW or SIRA.","sortOrder":53},{"sectionNumber":"29A","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 29A Nature of proceedings for offences\n\n29A 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 29A:** Ins 2022 No 25, Sch 3.3\\[2\\].","sortOrder":54},{"sectionNumber":"29B","sectionType":"section","heading":"Penalty notices","content":"#### 29B Penalty notices\n\n29B Penalty notices\n\n> > (1) An authorised officer may issue a penalty notice to a person if it appears to the officer the person has committed a penalty notice offence.\n> \n> > (2) A penalty notice offence is an offence against this Act or the regulations prescribed by the regulations as a penalty notice offence.\n> \n> > (3) The [Fines Act 1996](/view/html/inforce/current/act-1996-099) applies to a penalty notice issued under this section.\n> > \n> > Note—\n> > \n> > The [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to further proceedings for the alleged offence.\n> \n> > (4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.\n> \n> > (5) This section does not limit the operation of other provisions of, or made under, this Act or another Act relating to proceedings that may be taken for offences.\n> \n> > (6) In this section—\n> > \n> > authorised officer means a person, or a person belonging to a class of persons, prescribed by the regulations to be an authorised officer.\n> \n> **s 29B:** Ins 2022 No 25, Sch 3.3\\[2\\].","sortOrder":55},{"sectionNumber":"30","sectionType":"section","heading":"Regulations","content":"#### 30 Regulations\n\n30 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> > (2) The regulations 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.\n> \n> **s 30:** Am 2022 No 25, Sch 3.3\\[3\\].","sortOrder":56},{"sectionNumber":"31","sectionType":"section","heading":null,"content":"#### 31\n\n31 (Repealed)","sortOrder":57},{"sectionNumber":"32","sectionType":"section","heading":"Review of Act","content":"#### 32 Review of Act\n\n32 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":59},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to directors of ICNSW Board","content":"# Schedule 1 Provisions relating to directors of ICNSW Board\n\nSchedule 1 Provisions relating to directors of ICNSW Board\n\n(Section 5)","sortOrder":60},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to chief executive of ICNSW","content":"# Schedule 2 Provisions relating to chief executive of ICNSW\n\nSchedule 2 Provisions relating to chief executive of ICNSW\n\n(Section 8)","sortOrder":69},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Provisions relating to members and procedure of SIRA Board","content":"# Schedule 3 Provisions relating to members and procedure of SIRA Board\n\nSchedule 3 Provisions relating to members and procedure of SIRA Board\n\n(Section 18)","sortOrder":76},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 4 Savings, transitional and other provisions\n\nSchedule 4 Savings, transitional and other provisions\n\n**sch 4:** Am 2023 No 16, Sch 1\\[3\\]; 2024 No 88, Sch 1\\[9\\].","sortOrder":89},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedules 5–15 (Repealed)\n\n**sch 5:** Am 1987 No 15, sec 30C. Rep 2016 No 60, Sch 3, cl 3.\n\n**schs 6–15:** Rep 1987 No 15, sec 30C.","sortOrder":111}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The extensive amendment history (18+ versions over a decade, with dual ministerial oversight spanning both workplace safety and digital/customer service portfolios) strongly suggests the Act's scope has broadened beyond its original 2015 intent. What began as a governance framework for state insurance bodies appears to have expanded to encompass a wider range of care and digital service delivery functions, reflected in the addition of the Minister for Customer Service and Digital Government as a responsible minister — a portfolio that did not exist in its current form when the Act was first passed."},"complexity_factors":["Multiple government bodies with interrelated functions (icare, SIRA, and potentially others) governed under a single framework","Dual ministerial responsibility across two separate portfolios, creating potential for jurisdictional overlap","Extensive amendment history — at least 18 distinct versions since 2015 — meaning the law has evolved significantly and tracking current obligations requires careful version management","Intersects with multiple other legislative schemes (workers compensation, motor accidents, home building compensation, etc.) creating cross-legislation complexity","Pending amendments not yet in force (Workers Compensation Legislation Amendment Act 2025) add uncertainty about the near-future legal position","Governance and administrative law concepts (board composition, delegation of powers, accountability mechanisms) are inherently technical","Only metadata was provided in this extract — the full substantive provisions would likely add considerable complexity"],"plain_english_summary":"## State Insurance and Care Governance Act 2015 (NSW)\n\n**What is this law about?**\n\nThis is a NSW law that sets up the governance (management and oversight) framework for the state's insurance and care schemes. In plain terms, it creates and regulates the bodies responsible for running major NSW government insurance programs — most notably the **workers compensation system** (which pays workers who are injured on the job) and likely motor accident and other state-run insurance schemes.\n\n**Who does it affect?**\n\n- **Injured workers** in NSW who rely on workers compensation — this law affects how the organisations managing their claims are run and held accountable\n- **Employers** who pay into workers compensation insurance\n- **icare (Insurance & Care NSW)** — the government body created under this framework to manage insurance and care services\n- **SIRA (State Insurance Regulatory Authority)** — the regulator overseeing the schemes\n- **Healthcare providers** treating injured workers or accident victims\n- **Anyone involved in motor accident or other state insurance claims**\n\n**Why does it matter?**\n\nThis law is the backbone of how NSW manages billions of dollars in insurance funds on behalf of workers and others who suffer injuries. It determines how these bodies are governed, who sits on their boards, how they are accountable to the government and public, and how funds are managed. If these bodies are poorly governed, injured people may not get proper support — so the rules matter enormously in practice.\n\n**Key things to know:**\n- The law has been **amended many times** since 2015, showing it is an evolving framework\n- It is overseen by **two ministers**: the Minister for Work Health and Safety, and the Minister for Customer Service and Digital Government\n- Further amendments are pending (Workers Compensation Legislation Amendment Act 2025) but not yet in force\n- **Note:** Only the status/metadata of this Act was provided — not the full text — so a complete provision-by-provision analysis is not possible from this extract alone"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act was originally framed as machinery to abolish WorkCover and the Motor Accidents Authority and to re-allocate their functions between a new service-delivery body (ICNSW) and a new regulator (SIRA). Subsequent amendments have substantially widened its scope to include prescriptive annual statement-of-business-intent obligations (ss 10A–11A inserted 2024), direct data-collection and behavioural directions enforceable by 500-penalty-unit fines against treatment providers (ss 26C–26G inserted 2022), Treasurer information powers (s 12A), and expanded ministerial consultation and Gazette publication requirements, moving the statute from a one-off structural reform into a continuing regulatory and accountability framework."},"complexity_factors":["Extensive cross-references to at least eight separate Acts (Workers Compensation Act 1987 ss 154A–154D, Motor Accidents Act 2017, Workplace Injury Management and Workers Compensation Act 1998, Home Building Act 1989 and others)","Multiple layers of governance: ICNSW Board (s 5), SIRA Board (s 18), committees (ss 9, 22), chief executives (ss 8, 19) and three detailed schedules prescribing appointment, removal, pecuniary interest and meeting rules","Nested amendment history (2023 No 16, 2023 No 33, 2024 No 88) that inserted new Division 3 of Part 3 (service provider directions and data powers ss 26A–26G), statement of business intent regime (ss 10A–11A) and Treasurer direction power (s 12A)","Defined terms that incorporate entire lists of legislation (workers compensation and motor accidents legislation in s 3(1)) plus dynamic references to regulations and guidelines","Conditional logic throughout (e.g. Minister must consult before public interest directions (s 7(3)), service provider penalties differentiated by corporate status (ss 26C(2), 26D(3)), NCAT review limited to certain directions only (s 26F))","Transitional schedules (Sch 4) that allocate assets, liabilities and proceedings from abolished bodies (WorkCover, Motor Accidents Authority, Safety Return to Work and Support Board) across multiple transferees using complex carve-outs"],"plain_english_summary":"**The State Insurance and Care Governance Act 2015** creates and governs two key NSW government bodies that oversee workers compensation, motor accident injuries, dust diseases, lifetime care, sporting injuries and related schemes.\n\n**Insurance and Care NSW (ICNSW)** manages the money and services. It invests scheme funds, acts on behalf of the Nominal Insurer for workers compensation, supplies staff and back-office help to other authorities (such as Lifetime Care and Support, Dust Diseases Board and Sporting Injuries Compensation Authority), and prepares annual business plans that the Minister and Parliament review.\n\n**State Insurance Regulatory Authority (SIRA)** is the independent regulator. It supervises insurers, handles claims disputes, promotes workplace safety, early injury treatment and return-to-work programs, and enforces rules under workers compensation, motor accidents and home building insurance laws.\n\nThe Act sets out how each body’s board is appointed (including employer and union representatives on ICNSW), their objectives (affordable insurance, efficient recovery, transparency), powers to give directions, rules for staff and senior executives, investment strategies, data-collection powers over service providers, and protections from personal liability. It also requires parliamentary oversight and contains transitional rules from the old WorkCover and Motor Accidents Authority structures.\n\nIt matters because it determines how quickly injured workers and road users get treatment, how premiums are kept stable, how disputes are resolved and how data about treatment providers is shared. Non-compliance by service providers can attract fines up to 500 penalty units."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text shows the Act’s scope has been modified since its original enactment by a series of amendments and insertions that broaden or refine agency powers and governance. Examples in the source include: the addition of ICNSW principal objectives (s 9A, inserted 2023 Sch 1[3]), the creation of a Division specifically authorising SIRA to direct and require data from relevant service providers (ss 26A–26G, Ins 2022 No 25, Sch 3.3[1]), and amendments to board composition and governance (s 5, Am 2023 No 16, Sch 1[1][2]). Transitional provisions and temporary arrangements for existing office-holders are set out in Schedule 4 Parts 2–4 (sch 4, cl 13–14), which reflect legislative changes to board composition and tabling requirements. These items in the source show the Act’s coverage of investment governance, regulator powers over private providers, and agency governance has been expanded and adjusted by later amending Acts."},"complexity_factors":["Establishment of two separate statutory agencies (ICNSW and SIRA) with overlapping but distinct regulatory and operational functions (ss 4, 17, 10, 24).","Detailed governance and appointment regimes for boards and executives, with bespoke employment rules for ICNSW staff and senior executives (s 5; s 14; s 16; Schedule 2).","Regulator powers to direct private service providers, compel data (including health/personal information despite privacy laws), and impose penalties (ss 26A–26D), plus a register and publication rules (ss 26G, 26E).","Investment governance where ICNSW sets investment strategies for multiple scheme funds and the Treasurer may mandate investment managers with specified terms (s 12; s 16B).","Interlocking ministerial and Treasurer controls (Ministerial directions to ICNSW — s 7; Treasurer information/direction powers — s 12A; Ministerial directions to SIRA — s 20).","Automatic transfer and vesting mechanics for abolished bodies with continuation of proceedings and liabilities (sch 4, cl 3–6), creating interactions with existing contracts and litigation.","Administrative detail on statements of business intent, consultation, confidentiality, tabling and modification (ss 10A, 11, 11A).","Delegation and sub-delegation powers for both agencies (s 13; s 26) that broaden who can exercise statutory powers, increasing layers of administrative discretion."],"plain_english_summary":"What the Act does, mechanically\n\n- The Act creates two new NSW government agencies with legal personalities: Insurance and Care NSW (ICNSW) (s 4) and the State Insurance Regulatory Authority (SIRA) (s 17). Each has a board and a chief executive; the boards make or authorise decisions for the agencies (ICNSW: ss 5–6; SIRA: ss 18–19).  \n\n- ICNSW’s statutory functions include acting for the Nominal Insurer under the Workers Compensation Act, providing staff and services to other relevant authorities, entering service agreements, monitoring scheme performance and setting investment strategies for specified scheme funds (ss 10, 12). ICNSW must prepare a yearly statement of business intent and negotiate it with the Minister; the Minister may require amendments and some confidentiality and tabling rules apply (ss 10A, 11, 11A). ICNSW may delegate most functions to authorised persons (s 13). The Treasurer and Minister have powers to require information and give directions in defined circumstances (ss 12A, 7).  \n\n- SIRA’s statutory functions include regulating and supervising insurers and schemes under workers compensation, motor accidents and the Home Building Act, collecting and analysing prudential information and promoting prudential practice (ss 23–24). SIRA has powers to issue written directions and guidelines to \"relevant service providers\" (services connected with claims) requiring data, prescribing how services are provided, or prohibiting provision of services; non-compliance attracts monetary penalties (ss 26A–26D). SIRA must publish guidelines in the Gazette and may keep a register of directed providers (ss 26E, 26G). Affected providers may seek administrative review of some directions in NCAT (s 26F). SIRA and its chief executive may delegate functions (s 26).  \n\n- The Act provides for the abolition of legacy agencies (WorkCover Authority, Motor Accidents Authority and Safety, Return to Work and Support Board) and transfers their assets, rights, liabilities, ongoing proceedings and some staff to ICNSW, SIRA, SafeWork NSW or other authorities as specified (sch 4, cl 3–6). Transfer mechanics include automatic vesting of assets and continuation of proceedings by the transferee (sch 4, cl 6).  \n\n- Employment and governance rules: ICNSW may employ its own staff outside the normal Public Service employment rules (s 14). Senior executives and the chief executive have contract terms, can be removed without notice and certain industrial protections are explicitly excluded (s 16; Schedule 2). The Minister appoints most appointed board members for both agencies and may remove them (s 5(2), s 18(2); Schedules 1 & 3). Conflict-of-interest disclosure and recusal rules apply to board members (Schedules 1 & 3, cl 6).  \n\n- Administrative safeguards and publication: Ministerial directions to ICNSW must follow consultation steps and the Minister must publish reasons in the Gazette (s 7). SIRA must include particulars of Ministerial directions in its annual report (s 20(3)). The Act excludes personal liability for directors, members, executives and staff acting in good faith under the Act (s 28). Penalty notices and summary prosecution procedures are available for offences under this Act (ss 29A, 29B).  \n\nWhat the Act says the measure aims to do (explicit purpose-claims) and how those purposes map to mechanisms\n\n- ICNSW: The Act records ICNSW’s principal objectives as maintaining insurance affordability, promoting early treatment and efficient operations (s 9A). Mechanisms linked to these stated objectives include centralising service delivery and fund investment for scheme funds (ss 10, 12), ministerial oversight of ICNSW business plans (ss 10A, 11A) and Treasurer directions on investment managers where required (s 16B).  \n\n- SIRA: The Act records SIRA’s objectives as promoting scheme efficiency and viability, minimising community costs of injuries, promoting injury prevention and supervising claims handling (s 23). Mechanisms linked to these objectives include prudential monitoring and guidance of insurers (s 24), powers to require data and to direct service providers about the delivery of claim-related services (ss 26A–26D), and publication and oversight duties (ss 26E, 20).  \n\nTesting the purpose-claims against costs, incentives and implementation mechanics (source-grounded)\n\n- Who pays and who benefits: Scheme funds are managed under the Act (s 12 defines scheme funds). ICNSW’s control over investment strategy and reporting to the Minister (s 12) means investment returns and liabilities will influence the funding position of those scheme funds; in practice, those funding outcomes affect insurers, the Nominal Insurer and ultimately premiums or State fiscal exposure (mechanism: investment strategy and management — s 12; mandated investment managers — s 16B). The Act does not set premiums but places responsibility for fund stewardship with ICNSW, creating a direct line between ICNSW decisions and financial outcomes for schemes.  \n\n- Compliance costs and enforcement risk for private providers: SIRA may direct \"relevant service providers\" about how they must provide claim-related services or require data, with specified monetary penalties for non-compliance (s 26D(3); s 26C(2)). The Act also permits SIRA to require data even if the information is protected by New South Wales privacy laws (s 26C(3)), which changes the legal position of those providers when receiving SIRA directions. That creates a compliance burden and legal risk for providers who handle health or personal information.  \n\n- Discretion and administrative control: The Minister may give directions to the ICNSW Board where the Minister considers it in the public interest, subject to consultation and a Gazette notice of reasons (s 7). The Minister also can direct amendment of ICNSW’s statement of business intent (s 10A(7)) and may negotiate content (s 10A(2)–(3)). The Treasurer may mandate approved investment managers for scheme funds after consultation and with ministerial approval (s 16B). These provisions concentrate discretion in Ministers and the Treasurer to shape operational and investment decisions.  \n\n- Effects on private markets and contract freedom: The Treasurer’s power to require use of a mandated investment manager (s 16B) can introduce directed procurement of investment services; responsible authorities must enter into agreements with mandated managers on specified terms (s 16B(1)–(2)). SIRA’s power to require or prohibit certain providers from delivering relevant services (s 26D(1)(b)–(d)) and to keep a register (s 26G) may alter the market for claim-related service provision by limiting who may operate for scheme purposes. Those are concrete mechanisms that can change demand for particular private providers and the contractual choices available to insurers or claim administrators.  \n\n- Employment and transaction costs: ICNSW staff are outside the Government Sector Employment Act (s 14), senior executives have employment on private contract terms with limited industrial review (s 16; Schedule 2). That alters hiring, termination and dispute mechanisms compared with standard public service employment and transfers some transaction and staffing control to ICNSW.  \n\n- Continuity and legal certainty on transfers: The abolition/transfer clauses automatically vest assets and liabilities (sch 4, cl 6) and treat pending proceedings as continued by transferees (sch 4, cl 3(3)–(4); cl 4(3)). Mechanically this preserves legal continuity but also imposes on the transferee any contingent obligations that previously belonged to abolished bodies.  \n\nTrade-offs, opportunity costs and implementation risk (source-grounded)\n\n- Concentration of stewardship and oversight (ICNSW’s control of investments and service provision arrangements vs. ministerial and Treasurer powers) centralises decision-making (ss 12, 10, 16B, 7). Centralisation can produce scale benefits in procurement and fund management but also concentrates operational risk and political/administrative discretion in a small set of offices.  \n\n- Regulatory intervention into service provision (SIRA directions, s 26D) increases regulator control over how claim-related services are organised. That can produce uniformity of practice but creates compliance costs for providers and may require administrative capacity to monitor and enforce (penalties are specified in ss 26C–26D). Review is possible for some directions (s 26F), which creates an administrative appeal route but not for every direction.  \n\n- Privacy and data tension: The Act explicitly allows SIRA to require data even if it is personal or health information notwithstanding state privacy laws (s 26C(3)). That resolves a legal barrier for regulator data collection but shifts a compliance and reputational risk to providers and may require operational changes to information-handling practices.  \n\nSummary of key practical points (who decides, who pays, behaviour changes)\n\n- Who decides: ICNSW and SIRA Boards decide agency policies and can delegate functions (ss 6, 18, 13, 26). The Minister and Treasurer have statutory direction powers over ICNSW (s 7) and the Treasurer can order mandated investment managers (s 16B). SIRA has direct regulatory powers over providers (ss 26C–26D).  \n\n- Who pays: Scheme funds (as defined in s 12(4)) are the objects of investment and stewardship; decisions that affect fund performance will affect scheme finances and therefore insurers, the Nominal Insurer and potentially the State or scheme participants via premiums, benefits or fiscal exposure (mechanism: investment strategies — s 12; ICNSW role — s 10). Penalties for non-compliance with SIRA directions are payable by providers (ss 26C–26D).  \n\n- Behaviour changes required: Relevant service providers must comply with SIRA directions about data or service delivery and may face penalties for non-compliance (ss 26C–26D). ICNSW must prepare and negotiate a statement of business intent with the Minister (s 10A). Investment managers and responsible authorities may be required to change their arrangements if the Treasurer makes a written order (s 16B). Board members and executives must follow disclosure and governance rules, and senior ICNSW executives operate under contract rather than standard Public Service conditions (Schedule 1 & 2; s 16)."}},"importantCases":[],"_links":{"self":"/api/acts/state-insurance-and-care-governance-act-2015","history":"/api/acts/state-insurance-and-care-governance-act-2015/history","analysis":"/api/acts/state-insurance-and-care-governance-act-2015/analysis","conflicts":"/api/acts/state-insurance-and-care-governance-act-2015/conflicts","importantCases":"/api/acts/state-insurance-and-care-governance-act-2015/important-cases","documents":"/api/acts/state-insurance-and-care-governance-act-2015/documents"}}