ACTIn ForceAct
Building Act 2004
95Duties of insurers
Start here
Get a plain-English read of 95
Turn the raw legal text into a practical explanation grounded in Building Act 2004.
95 Duties of insurers
(a) the person has been an authorised insurer in the business of
issuing residential building insurance policies; and
(b) the person ceases to be in that business, or the person’s authority
to carry on insurance business is cancelled under the Insurance
Act 1973 (Cwlth); and
(c) the person fails to notify the construction occupations registrar
of the cessation or cancellation within 7 days after the day of
cessation or cancellation.
(2) An offence under subsection (1) is a strict liability offence.
(3) An authorised insurer must not represent that an insurance policy
issued or to be issued by the insurer is complying residential building
work insurance if the insurer knows that it is not.
Maximum penalty: 250 penalty units.
(4) On or before 31 July in each year, an authorised insurer must give a
written statement to the construction occupations registrar in relation
to claims on residential building insurance policies dealt with by the
insurer in the financial year ending on the previous 30 June, stating
the following:
(a) the number of claims;
(b) the amount of each claim;
(c) the number of claims that were paid;
(d) the amount paid on each claim;
(e) if a claim was rejected—the reason for its rejection.