New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 121C

121C Data required to be supplied to Authority by licence holders

(1) The Authority may require a licence holder to disclose to the Authority (within the time and manner specified by the Authority) data relating to building cover contracts, claims and other related matters under this Act.

(2) Subsection (1) extends to requiring--

(a) data relating to any aspect of the insurance scheme (including any alternative arrangements under Part 6B) under this Act, and

(b) data relating to building cover contracts or claims generally or to particular building cover contracts or claims.

This subsection does not affect the generality of subsection (1) or any other provision of this Act regarding the obtaining of data by the Authority.

(3) A licence holder may be required to disclose data to the Authority under this section that is personal information or health information about an individual despite anything to the contrary in the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002 .

(4) Unless the licence holder under Part 6C satisfies the court that it is not within its power to comply with a requirement under this section, a licence holder that fails to comply with a requirement under this section is guilty of an offence.

: Maximum penalty--100 penalty units.

(5) Nothing in this section prevents data that may be required to be disclosed under this section from being disclosed under any other provision of this Act under which the Authority may require the disclosure of information.

Note--: Data provided under this section is information that may be disclosed by the Authority under section 121B.

(6) In this section,
"licence holder" means a licence holder under Part 6C and includes a former licence holder (including any insurance broker or commission agent engaged in home building insurance business).