Emergency Services Levy Insurance Monitor Act 2024 (NSW)

Emergency Services Levy Insurance Monitor Act 2024 No 33

An Act to provide for the Independent Pricing and Regulatory Tribunal to be appointed as the Emergency Services Levy Insurance Monitor and for the functions of the Monitor; for protection from certain practices in connection with emergency services funding reform; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Emergency Services Levy Insurance Monitor Act 2024.

2 Commencement This Act commences on the date of assent to this Act.

3 Definitions The dictionary in Schedule 2 defines words used in this Act.

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

4 Act to bind Crown This Act binds— (a) the Crown in right of New South Wales, and (b) to the extent the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

Part 2 Emergency Services Levy Insurance Monitor

Division 1 Appointment of Monitor

5 Emergency Services Levy Insurance Monitor (1) There is an Emergency Services Levy Insurance Monitor (the Monitor). (2) IPART is appointed as the Monitor.

6 Independence of Monitor (1) The Monitor is not subject to the control or direction of a Minister in relation to the exercise of the Monitor's functions under this Act. (2) In particular, the Monitor is not subject to the control or direction of a Minister in relation to the exercise of the Monitor's functions in relation to a specific matter or complaint.

Division 2 Functions of Monitor

7 General functions The Monitor has the following functions— (a) to provide information, advice and guidance in relation to the emergency services funding reform and prohibited conduct, (b) to monitor prohibited conduct and compliance with this Act and the regulations, (c) to monitor prices for the issue of regulated contracts of insurance, (d) to monitor the impact of the emergency services funding reform on the insurance industry and levels of insurance coverage, (e) to prepare and publish guidelines relating to the operation and enforcement of this Act and the regulations, (f) to receive complaints about prohibited conduct and to deal with them in accordance with this Act, (g) to investigate and institute proceedings in relation to prohibited conduct or contraventions of this Act or the regulations, (h) other functions conferred or imposed on the Monitor by or under this Act or another Act.