NSW Special Liability Insurance for Out-of-Home Care and Youth Homelessness Services

NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024

17 Sep 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

child abuse insurance funds liability insurance out of home care sexual abuse youth homelessness services

Introduced by: The Hon Sophie Cotsis MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

The NSW Self Insurance Corporation can provide special liability insurance to contractors providing out-of-home care or youth homelessness services, covering liabilities for physical or sexual abuse.
Special liability insurance cannot cover abuse occurring before 30 June 2007; it also cannot cover liabilities already covered by other insurance issued before the new rules start.
The NSW Self Insurance Corporation must establish and manage a Special Liability Insurance Fund, paying all premiums and recovered funds into it.
The Corporation can use the Fund to pay insurance claims, administration, and legal costs.
The Treasurer can move surplus money from the Fund back into the Consolidated Fund.
The Treasurer determines how money in the fund is invested.
The Treasurer must review the insurance and Fund policies after two years; a report must be tabled in Parliament.

The Debate

What different members said when this bill was debated:

Damien Tudehope LIB

“The Opposition supports the NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024. The bill amends the NSW Self Insurance Corporation Act 2004 to establish a scheme of insurance for out-of-home care and youth homelessness NGOs that deliver services on behalf of the New South Wales Government.”

Official source →

Sue Higginson GRN

“On behalf of The Greens, I support the NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024. It is a tragedy that this legislation is necessary. It is not a surprise that the temporary scheme needs to have permanency.”

Official source →

Bob Nanva ALP

“I support the NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024. It is a bill that will not attract many headlines, but it is of critical importance to the functioning of the community sector services in the State.”

Official source →

Mark Buttigieg ALP

“I acknowledge the contributions to debate from my colleagues the Hon. Damien Tudehope, Ms Sue Higginson and the Hon. Bob Nanva. The NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 will help to ensure the long-term viability of the State’s contracted out‑of‑home care and youth homelessness services by ensuring that required insurance liabilities are provided for.”

Official source →

News articles and press releases

NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024

Ms SOPHIE COTSIS, Minister for Industrial Relations — 2024-08-06

The primary purpose of the NSW Self Insurance Corporation Amendment (Special Liability Insurance) Bill 2024 is to create a new insurance scheme, with an associated statutory fund, that provides insurance coverage to out‑of‑home care and youth homelessness service NGOs that deliver services on behalf of the New South Wales Government through the Department of Communities and Justice in respect of certain abuse‑related liabilities.