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INSURANCE COMMISSION OF WESTERN AUSTRALIA ACT 1986 - SCHEDULE 4

[s. 47]

        [Heading amended by No. 19 of 2010 s. 4.]

1 .         Terms used

                In this Schedule, unless the contrary intention appears — 

        assets includes funds, rights and property;

        commencement day means the day of commencement of section 46 1 ;

        liabilities includes debt and obligations;

        MVIT means the Motor Vehicle Insurance Trust constituted by the Third Party Insurance Act;

        prescribed period means the period commencing on 1 July 1986 and ending immediately before the commencement day;

        SGIO means the State Government Insurance Office established by the State Government Insurance Office Act 1938  3 ;

        Third Party Insurance Act means the Motor Vehicle (Third Party Insurance) Act 1943 .

2 .         Transfer of assets, liabilities and records of MVIT

                On the commencement day — 

            (a)         all assets that were, immediately before that day, vested in, under the control of, or standing to the credit of the MVIT (including the Motor Vehicle Insurance Fund but excluding the moneys in the Premium Surcharge Account kept under section 3P(4a) of the Third Party Insurance Act) are, by force of this clause, vested in the Commission; and

            (b)         the Commission becomes, by force of this clause, liable to pay, bear or discharge all the liabilities of the MVIT that existed immediately before that day; and

            (c)         the Commission shall take delivery of all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the operations of the MVIT.

3 .         MVIT insurance policies

                Without limiting the generality of clause 4(1), on and from the commencement day any policy of insurance issued under the Third Party Insurance Act in force immediately before that day shall be deemed to be, and, subject to that Act and the terms and conditions of the policy, shall continue to have effect as if it were, a policy issued by the Commission under that Act.

4 .         Agreements, instruments, determinations and proceedings generally

        (1)         Any agreement or instrument subsisting immediately before the commencement day to which the MVIT was a party has effect on and after that day as if — 

            (a)         the Commission were substituted for the MVIT as a party to the agreement or instrument; and

            (b)         any reference in the agreement or instrument to the MVIT were (unless the context otherwise requires) a reference to the Commission.

        (2)         Any determination of the MVIT made under or for the purposes of the Third Party Insurance Act and subsisting immediately before the commencement day has effect on and from that day as if it were a determination made by the Commission.

        (3)         Where anything has been lawfully commenced by or under the authority of the MVIT before the commencement day that thing may be carried on and completed by or under the authority of the Commission.

        (4)         Without limiting the generality of subclause (3), any proceedings, pending immediately before the commencement day to which the MVIT was a party may be continued on or after that day as if the Commission were a party thereto in lieu of the MVIT.

5 .         Final reports on operations of MVIT

        (1)         If sections 3QA and 3QB of the Third Party Insurance Act (as applied by section 4 of the Acts Amendment (Financial Administration and Audit) Act 1985 ) have not been complied with before the commencement day in respect of the year ending on 30 June 1986, the MVIT, the auditor of the MVIT and the Minister to whom the Administration of the Third Party Insurance Act is committed shall comply with those sections (as so applied) in respect of that year as soon as practicable after the commencement day.

        (2)         As soon practicable after the commencement day the MVIT shall cause sections 66, 67 and 68 of the Financial Administration and Audit Act 1985   8 to be complied with in relation to the MVIT in respect of the prescribed period, and a report prepared under this subclause shall be deemed to be an annual report for the purposes of section 69 of that Act.

        (3)         Notwithstanding section 46(2) and Schedule 3, the MVIT as constituted immediately before the commencement day shall continue in existence for the purposes of subclauses (1) and (2).

        (4)         The Commission shall provide such clerical and other assistance as is reasonably required for the purposes of subclauses (1) and (2).

6 .         Assessment as to sufficiency of income

                If the MVIT has complied with subsection (1) of section 3T of the Third Party Insurance Act at least once during the prescribed period, the Commission is not obliged to comply with that subsection until the financial year beginning on 1 July 1987.

7 .         Employment of current officers

        (1)         A person who was, immediately before the commencement day, an employee of the MVIT shall be entitled to be employed pursuant to this Act with remuneration corresponding with or higher than that which he received immediately before the commencement day.

        (2)         A person who becomes an officer or employee of the Commission pursuant to subclause (1) is entitled to retain his existing and accruing rights (including any rights in relation to retirement benefits) and for the purpose of determining such rights his service with the Commission shall be regarded as continuous with his service with the MVIT.

8 .         References to MVIT in laws

                References to the MVIT in a written law, other than this Act or an Act amended by section 46(2) and Schedule 3, shall, unless because of the context it would be inappropriate so to do, be read and construed as references to the Commission.

9 .         Transfer of assets, liabilities and records of SGIO

                On the commencement day — 

            (a)         all assets that were, immediately before that day, vested in, under the control of, or standing to the credit of the SGIO (including the Trading Fund, the Life Insurance Fund and the Government Insurance Fund) are, by force of this clause, vested in the Commission; and

            (b)         the Commission becomes, by force of this clause, liable to pay, bear or discharge all the liabilities of the SGIO that existed immediately before that day; and

            (c)         the Commission shall take delivery of all registers, papers, documents, minutes, receipts, books of account and other records (however compiled, recorded or stored) relating to the operations of the SGIO.

10 .         SGIO insurance policies and re-insurance

        (1)         In this clause — 

        existing policy means a policy of insurance subsisting immediately before the commencement day being a policy that was issued by the SGIO or a policy under which the SGIO had undertaken liability;

        existing re-insurance policy means a policy of re-insurance subsisting immediately before the commencement day being a policy that was issue by another insurer and under which the SGIO was re-insured in respect of a liability or risk.

        (2)         On and after the commencement day — 

            (a)         any existing policy that relates to the Commission’s functions under section 6(b), (c), or (g) is deemed to be, and, subject to the terms and conditions of the policy, continues to have effect as if it were, a policy issued by the Commission;

            (b)         any existing policy that relates to the Corporation’s function under section 30 is deemed to be, and, subject to the terms and conditions of the policy, continues to have effect as if it were, a policy issued by the Corporation.

        (3)         Any doubt or dispute as to whether an existing policy is one to which subclause (2)(a) applies or is one to which subclause (2)(b) applies shall be resolved by determination of the Minister and the Minister’s determination on the matter shall be final and not subject to appeal, review or challenge in any way.

        (4)         On or as soon as practicable after the commencement day, the Commission shall, in respect of each existing policy referred to in subclause (2)(b), transfer to the Corporation, out of the assets vested in the Commission under clause 9(a), an amount that bears the same proportion to the current premium for that policy as the unexpired portion of the current term of that policy bears to the whole of that term.

        (5)         Subject to subsections (4) and (5) of section 161 of the Workers’ Compensation and Assistance Act 1981  9 , the approval of the SGIO granted by the Minister under that section current immediately before the commencement day shall subsist in favour of the Corporation in respect of existing policies referred to in subclause (2)(b) and in that respect only.

        (6)         On and after the commencement day — 

            (a)         any existing re-insurance policy that relates to the Commission’s functions under section 6(b), (c), or (g) is deemed to be, and, subject to the terms and conditions of the policy, continues to have effect as if it were, a policy that re-insures the Commission;

            (b)         any existing re-insurance policy that relates to the Corporation’s function under section 30 is deemed to be, and, subject to the terms and conditions of the policy, continues to have effect as if it were, a policy that re-insures the Corporation.

        (7)         Any doubt or dispute as to whether an existing re-insurance policy is one to which subclause (6)(a) applies or is one to which subclause (6)(b) applies shall be resolved by determination of the Minister and the Minister’s determination on the matter shall be final and not subject to appeal, review or challenge in any way.

11 .         Agents and brokers

        (1)         Where any person has been appointed as an agent by the SGIO — 

            (a)         that appointment; and

            (b)         the terms and conditions of the agreement or instrument (if any) by which that appointment was made; and

            (c)         any act or thing done by or in relation to that person whilst he was acting under that appointment,

                is, and shall be deemed to have always been, as valid and effectual as it would have been if, when the appointment was made, the SGIO had had the power conferred on the Commission by section 7(2)(j) and on the Corporation by section 31(2)(k) 10 .

        (2)         Where any person is acting under an appointment referred to in subclause (1) immediately before the commencement day that appointment and the terms and conditions of the agreement or instrument by which that appointment was made have effect on and after that day as if the appointment were 2 separate and distinct appointments — 

            (a)         one appointing the person as an agent of the Commission; and

            (b)         the other appointing the person as an agent of the Corporation.

        (3)         An agreement between the SGIO and an insurance broker subsisting immediately before the commencement day has effect on and after that day as if it were 2 separate and distinct agreements — 

            (a)         one between the Commission and the broker; and

            (b)         the other between the Corporation and the broker.

12 .         Agreements, instruments and proceedings generally

        (1)         Unless clause 10 or 11 or an order under subclause (4) applies, any agreement or instrument subsisting immediately before the commencement day to which the SGIO was a party, has effect on and after that day as if — 

            (a)         the Commission were substituted for the SGIO as a party to the agreement or instrument; and

            (b)         any reference in the agreement or instrument to the SGIO were (unless the context otherwise requires) a reference to the Commission.

        (2)         Where anything has been lawfully commenced by or under the authority of the SGIO before the commencement day that thing may, unless an order under subclause (5) applies, be carried on and completed by or under the authority of the Commission.

        (3)         Without limiting the generality of subclause (2), any proceedings pending immediately before the commencement day to which the SGIO was a party may, unless an order under subclause (5) applies, be continued on or after that day as if the Commission were a party thereto in lieu of the SGIO.

        (4)         Except where clause 10 or 11 applies, the Minister may, by order published in the Gazette , declare that an agreement or instrument mentioned in subclause (1) shall have effect on and after the day specified in the order as if — 

            (a)         the Corporation were substituted for the SGIO as a party to the agreement or instrument; and

            (b)         any reference in the agreement or instrument to the SGIO were (unless the context otherwise requires) a reference to the Corporation.

        (5)         The Minister may, by order published in the Gazette , declare that a thing mentioned in subclause (2) may be carried on and completed by or under the Authority of the Corporation on and after the day specified in the order.

        (6)         An order under subclause (4) or (5) shall operate according to its tenor and the operation of subclause (1) or (2), as the case may be, shall be modified accordingly.

13 .         Final reports on operations of SGIO

        (1)         If sections 21(1), (2) and (3) and 22 of the State Trading Concerns Act 1916 (as applied by section 7(7) of the State Government Insurance Office Act 1938 3 and section 4 of the Acts Amendment (Financial Administration and Audit) Act 1985 ) have not been complied with before the commencement day in respect of the year ending on 30 June 1986, the SGIO and the Auditor General shall comply with those provisions (as so applied) in respect of that year as soon as practicable after the commencement day.

        (2)         As soon as practicable after the commencement day the SGIO shall cause sections 66, 67 and 68 of the Financial Administration and Audit Act 1985  8 to be complied with in relation to the SGIO in respect of the prescribed period, and a report prepared under this subclause shall be deemed to be an annual report for the purposes of section 69 of that Act.

        (3)         Notwithstanding section 46(1) the SGIO as constituted immediately before the commencement day shall continue in existence for the purposes of subclauses (1) and (2).

        (4)         The Commission shall provide such clerical and other assistance as is reasonably required for the purposes of subclauses (1) and (2).

        (5)         The Corporation shall incorporate in, or attach to, the first accounts and statements that it supplies under section 33(a) such accounts and statements as the SGIO would have been required to supply under section 7A(8) of the State Government Insurance Office Act 1938 3 in respect of the prescribed period if that Act had not been repealed by section 46(1).

14 .         Certain outstanding obligations to be met by Commission

        (1)         The first return submitted by the Commission under section 25(1) of the Employers’ Indemnity Supplementation Fund Act 1980 shall consist of or contain, as the case may require, the payments made, and expenses incurred by the SGIO under that Act during the month to which the statement relates and, without limiting the generality of clause 9(a), those payments and expenses shall be deemed to be payments and expenses to which the Commission is entitled to reimbursement under section 25(2) of that Act.

        (2)         Before 1 January 1988 the Commission shall pay to the Treasurer the amount (if any) that the SGIO would have been required to pay under section 7B(1) of the State Government Insurance Office Act 1938 3 in respect of the prescribed period if that Act had not been repealed by section 46(1).

15 .         Saving of presumption and protection

                Notwithstanding section 46(2) and Schedule 3 — 

            (a)         section 26 of the Employers’ Indemnity Supplementation Fund Act 1980 shall continue to have effect in relation to documents created before the commencement day;

            (b)         the protection afforded by section 39 of the Employers’ Indemnity Supplementation Fund Act 1980 extends to acts of things done by the SGIO before the commencement day.

16 .         Employment of staff of SGIO

        (1)         A person who was, immediately before the commencement day an officer within the meaning of the Public Service Act 1978 11 employed in the SGIO shall be entitled to be employed pursuant to this Act with remuneration corresponding with or higher than that which he received immediately before the commencement day.

        (2)         A person who becomes an officer or employee of the Commission pursuant to subclause (1) is entitled to retain all his existing and accruing rights (including, if he is a contributor under the Superannuation and Family Benefits Act 1938   12 , his rights under that Act) as if his service as an officer or employee of the Commission were a continuation of his service as an officer of the Public Service.

        (3)         A person who becomes an officer or employee of the Commission pursuant to subclause (1) shall, subject to a suitable vacancy being available, be entitled to be reappointed by the Public Service Board  13 at the termination of his employment with the Commission, to an office in the Public Service with a classification and remuneration corresponding with that of the office which he last held in the Public Service.

        (4)         Subclause (3) does not apply to a person whose employment as an officer or employee of the Commission is terminated for mental or physical disability, incompetence, neglect of duty or misconduct.

17 .         References to the SGIO in laws

                References to the SGIO in a written law, other than this Act or an Act amended by section 46(2) and Schedule 3, shall, unless because of the context it would be inappropriate so to do, be read and construed as references to the Commission.

18 .         Apportionment of assets and liabilities

                Assets vested in the Commission under clauses 2(a) and 9(a) and liabilities taken over by the Commission under clauses 2(b) and 9(b) shall, in the first instance, be held to the credit of or against the Insurance Commission General Fund but the Commission may, on or after the commencement day, apportion those assets and liabilities or their value to that Fund and the other Funds in such proportions as the board of commissioners thinks most conducive to the efficient performance of the various functions conferred on the Commission by section 6.

19 .         Interpretation Act to apply

                With respect to the repeals and amendments effected by section 46 and Schedule 3, this Schedule is supplementary to, and does not displace the operation of, the Interpretation Act 1984 .




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