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Enhanced compliance obligations on insurers, scheme agents and self-insurers within the NSW Workers Compensation Scheme, and the need for compliance review

The NSW Government has recently proposed the State Insurance and Care Legislation Amendment Bill 2022.

The Bill proposes to extend certain regulatory, investigative and enforcement powers of the State Insurance Regulatory Authority to oversee and control iCare, self‑insurers and claims agents appointed pursuant to the workers compensation legislation.

If passed, the Bill will heighten the need for iCare, self-insurers, and claims agents to ensure compliance with the regulatory licensing requirements, and to ensure that where a breach occurs, steps are taken to:

  • rectify the breach;
  • give an appropriate undertaking; and to
  • ensure that no further breaches occur.

The proposed amendments were made in line with the McDougall review recommendations with the goal of improving outcomes for all stakeholders


Case comment: Osei v P K Simpson Pty Ltd [2022] NSWCA13

In the 14 February 2022 decision in Osei v P K Simpson Pty Ltd [2022] NSWCA13, the Court of Appeal clarified an important issue regarding the cap on costs for personal injury damages matters, as set out in clause 2 of Schedule 1 to the Legal Profession Uniform Law Application Act (NSW) 2014.


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