“Queensland Statute Reprints”

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“Queensland Statute Reprints”

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©State of Queensland

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QUEENSLAND

STATE GOVERNMENT INSURANCE OFFICE (QUEENSLAND) ACT 1960-1978

WITH

REGULATIONS

AND AN

INDEX

(Compiled to 31 March, 1980)

Prepared by direction of

The Honournbte Dr L. B.. EDWARDS, M.B., B.S., M.L.A., Treasurer

73Z30-By Authority: 8. R. ~-Government Printer, Queensland-1980

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STATE GOVERNMENT INSURANCE OFFICE (QUEENSLAND) ACT

196()-..1978

State Government Insurance Office (Queensland) Act of 1960, 9 Eliz. 2 No.2

As amended by

State Government Insurance Office (Queensland) Act and Another Act Amendment Act of 1965, No. 29, Part II

Stamp Acts and Another Act Amendment Act of 1966, No. 15, s. 15 (1) State Government Insurance Office (Queensland) Act Amendment Act

1970, No. 34

Commenced 11 March 1971 (Proc. pubd. Gaz. 13 March 1971, p. 999).

State Government Insurance Office (Queensland) Act Amendment Act 1978, No. 12

Commenced 1 July 1978 (Proc. pubd. Gaz. 24 June 1978, p. 971).

An Act to Provide for the Incorporation of the State Government Insurance Office of Queensland, to Authorise such Corporation to carry on the General Business of Insurance, and to Transfer to and Provide for the carrying on by such Corporation of all Business of Insurance being carried on by the Insurance Commissioner immediately prior to the commencement of this Act

[Assented to 10 March 1960]

BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-

1. (1) Short title. This Act may be cited as The State Government Insurance Office (Queensland) Act of 1960.

(2) Commencement of this Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Commenced 1 April 1960 (Proc. pubd. Gaz 19 March 1960, p. 1379).

Collective title conferred by Act of 1978, No. 12, s. 1 (3).

2. Transfer of insurance business of the Insurance Commissioner to the State Government Insurance Office (Queensland). (1) In this section

"insurance business of the Insurance Commissioner" means any insurance business, including accident insurance under The Workers' Compensation Acts, 1916 to 1959, transacted by or on behalf of the Insurance Commissioner under the powers and authorities conferred by The Insurance Acts, 1916 to 1940, or The Workers' Compensation Acts, 1916 to 1959.

(2) The several funds created under The Insurance Acts, 1916 to 1940, in respect of the classes respectively of the insurance business of the Insurance Commissioner and existing immediately prior to the

(5)

2 s.2 STtATB GOVERNMENT INSURANCE OiFFICE (QLD) Acr commencement of this Act, shall continue in existence as and under the same names be the funds established under and for the purposes of this Act, and the repeal of The Insurance Acts, 1916 to 1940, shall not affect the continuity or identity of those funds or any thereof.

(3) All moneys which, immediately before the commencement of this Act, were in credit in any of the funds referred to in subsection two of this section, together with all interest accrued and due thereon and all assets pertaining to the insurance business of the Insurance Commissioner at such commencement shall become vested in the Office (namely the State Government Insurance Office (Queensland) as deemed to be established and as incorporated under this Act), and shall be available for all purposes of the Office.

( 4) All moneys liquidated or unliquidated claims which immediately before the commencement of this Act were payable to or recoverable by the Insurance Commissioner in connection with the insurance business of the Insurance Commissioner shall be payable to and recoverable by the Office.

(5) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Insurance Commissioner in connection with the insurance business of the Insurance Commissioner and in force immediately before the commencement of this Act shall be deemed to be contracts, agreements and undertakings entered into with and securities given by or to the Office.

( 6) All suits, actions and proceedings pending immediately before the commencement of this Act at the suit of the Insurance Commissioner in connection with the insurance business of the Insurance Commissioner shall be suits, actions and proceedings pending at the suit of the Office.

(7) The Office may pursue the same remedies for the recovery of any such moneys and claims and for the prosecution of such suits, actions and proceedings as the Insurance Commissioner might have done but for this Act.

(8) The Office may enforce and realise any security or charge existing immediately prior to the commencement of this Act, in respect of such moneys and claims as if such security or charge were existing in favour of the Office.

(9) All debts due and moneys payable by and all claims liquidated and unliquidated recoverable against the Insurance Commissioner in connection with the insurance business of the Insurance Commissioner shall be debts due and payable by and claims recoverable against the Office.

(10) The regulations made under The Insurance Acts, 1916 to 1940, with respect to the carrying on of insurance business by the Insurance Commissioner within the meaning of those Acts and subsisting immediately prior to the repeal of those Acts shall, subject as hereinafter prescribed by this subsection and so far as is consistent with this Act, continue for the purposes of this Act:

Provided that every such regulation shall be read and construed subject to this Act and that any such regulation may be revoked or amended under this Act.

(11) Subject to this Act all persons appointed for the purposes of the State Government Insurance Office before and in office· immediately prior to the repeal of The Insurance Acts, 1916 to 1940, shall, without

(6)

STATE GOVERNMENT INSURANCE OFFICE (QLD) ACT ss.J-5 further or other appointment, be deemed appointed to their respective offices for the purposes of the State Government Insurance Office (Queensland) as deemed to be established and as incorporated under this Act.

(12) So far as relates to the carrying on of any class of insurance business by the Insurance Commissioner, a reference in any Act, or in any Proclamation, Order in Council, regulation, rule, by-law, ordinance made under any Act, or in any instrument or document to the Insurance Commissioner or the State Government Insurance Office shall, as from the commencement of this Act, be construed as a reference to the Office.

(13) On and from the commencement of this Act all property real or personal, movable or immovable, vested in or held in the name of the Insurance Commissioner in connection with the insurance business of the Insurance Commissioner shall, by virtue of this Act, be divested from or cease to be held in the name of the Insurance Commissioner and become and be vested in or held in the name of the State Government Insurance Office (Queensland) as deemed to be established and as incorporated under this Act.

3. Meaning of terms. (I) In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

" Board " means the State Government Insurance Office (Queensland) Board;

" Chairman " means the Chairman of the Board;

" Deputy General Manager "-The Deputy General Manager of the Office appointed under this Act: The term includes any person appointed to act temporarily as, or for the time being discharging the duties of, such office;

" General Manager "-The General Manager of the Office appointed under this Act: The term includes any person appointed to act temporarily in, or for the time being discharging the duties of, such office;

" Insurance "-,-Includes assurance, additional insurance, counter insurance, treaty and internal insurance, and re-insurance, guarantee and surety;

" Minister "-The Minister of the Crown for the time being charged with the administration of this Act: The term includes any person for the time being performing the duties of the Minister;

"Office "~The State Government Insurance Office (Queensland) as deemed to be established and as incorporated under this Act.

As amended by Act of 1965, No. 29 s. 4; Act of 1970, No. 34, s. 3.

4. (Repealed.)

Repealed by Act of 1970, No. 34, s. 4.

5. Establishment and incorporation of the State Government Insurance Office. (1) The State Government Insurance Office constituted under The Insurance Acts, 1916 to 1940, as subsisting immediately prior to the commencement of this Act shall be deemed for all purposes of this Act to be constituted hereunder, and shall continue in existence accordingly, and the continuity of the existence thereof shall not be affected by the repeal of The Insurance Acts, 1916 to 1940.

3

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4 iss. 6, 7 STATE GOVERNMBNT INSURANCE OFFICE (QLD) ACT (2} The State Government Insurance Office shall be a body corporate under the name and style of the " State Government Insurance Office (Queensland)" and by that name shall have perpetual succession and a common seal and shall be capable in law of suing and being sued and of having, taking, purchasing, holding, alienating, granting, demising, disposing of and otherwise dealing with real and personal, movable and immovable property within and outside the State of Queensland and of doing and suffering all such other acts and things as corporate bodies may by law do and suffer.

(3) All Courts, Judges, justices and persons acting judicially shall take judicial notice of the seal of the office or signature of the Chairman, General Manager or Deputy General Manager affixed to any document or other writing and, until the contrary is proved, shall presume that such seal or either such signature was duly affixed.

As amended by Act of 1970, No. 34, s. 5.

6. Branches and agencies. (I) The Office may from time to time establish branches in any part of the State and may establish agencies at any place in or outside the State.

The Office may at any time discontinue any branch or agency but such discontinuance shall not prejudice the power of the Office to again establish at any later time a branch or agency at the place in question.

(2) Subject to this subsection the Office may employ persons as its agents in or outside the State.

The Office shall not employ any person as its agent outside Queensland unless such person is duly licensed or otherwise authorised to act as the agent of an insurer by the law of the State or country wherein he is employed as such by the Office.

(3) For the purposes of the conduct of the business of the Office, the Office may, with the approval of the Minister and the Minister of the Department concerned, on such terms as may be arranged, make use of the services of any of the officers or employees of the Public Service or of any Department of the Government.

As amended by Act of 1978, No. 12, s. 3.

7. Powers and authorities of the Office. (1) The Office is hereby authorised and empowered-

( a) To undertake and carry on in Queensland or elsewhere the general business of insurance, including any class or form of insurance which is, at the commencment of this Act, being undertaken or carried on, whether in Queensland or elsewhere, by any person engaged in the business of insurance, or which may be considered necessary or desirable;

(b) To undertake and carry on in Queensland or elsewhere such general business of insurance, or any class or form of insurance, according to the practice, usage, form and procedure which is, for the time being, followed by other persons engaged in the like business or to undertake and carry on such business in such manner and form and according to such procedure as may be considered necessary or desirable;

(c) To do anything necessary or incidental to the powers and authorities conferred by this Act.

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STATE GOVERNMENT INSURANCE OFFICE (QLD) ACT ss. 8-SB 5 (2) The powers and authorities conferred by subsection one of this section shall be in addition to any other power or authority conferred on the Office by this or any other Act.

8. Office to represent the Crown. The Office shall represent the Crown and the due performance by the Office of all contracts entered into by it or on its behalf shall be deemed to be guaranteed by the Crown.

8A. Establishment of the State Government Insurance Office (Queensland) Board. There shall be a State Government Insurance Office (Queensland) Board which shall be constituted as provided in this Act.

Inserted by Act of 1970, No. 34, s. 6.

8B. Functions of Board. (1) Subject to this Act the functions of the Board are to make general determinations as to the policy of the Office in relation to-

( a) the investment activities of the Office; and (b) the insurance business of the Office, whether conducted under this or any other Act.

(2) In addition to its functions under subsection (1) of this section the Board has the following functions:-

(a) to fix from time to time-

(i) the total amount of the funds of the Office that may be invested;

(ii) the amount of the funds of the Office that may be invested in a particular investment;

(b) to lay down and to supervise policy for the investment of the funds of the Office with particular regard to the production of a reasonable yield on investment for the benefit of policy holders;

(c) to examine, and approve or reject, all contracts proposed to be entered into by the Office for the underwriting or sub-underwriting of the issue of shares in any body corporate or the raising of loans;

(d) to examine, and approve or reject, any particular investment proposed to be made by the Office of an amount in excess of the maximum amount fixed by the Board that the Chairman may, in his discretion, invest from the funds of the Office in any particular investment or in an investment of a particular class;

(e) to advise on and generally assist in the prudent investment of the funds of the Office;

(f) after considering recommendations by the General Manager, to determine the class or classes of insurance that may be written by the Office;

(g) after considering recommendations by the General Manager, to approve plans for the development and expansion of the business of the Office;

(h) to determine-

(i) inward and outward Treaties;

(ii) classes and limits of inward re-insurance;

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6 s.SC STATE GOVERNMENT JNSURANCE OFFICE (QLD) ACT (iii) internal re-insurance arrangements; and

(iv) special quotations involving insurance or re-insurance on major risks;

(i) to approve capital expenditure involving amounts in excess 01

the maximum amount fixed by the Board which the General Manager may, in his discretion, authorize;

(j) to report to the Minister as to the level of net surplus profits of the Office after allowing what it considers to be reasonable provisions for underwriting, premiums and outstanding claims reserves, and recommend to the Minister the distribution of any such profits;

(k) to prepare and submit to the Minister the Annual Report together with the Balance Sheet and Statement of Accounts;

(1) such other functions as are prescribed.

(3) The Board shall as and when required by the Minister furnish reports with respect to the policy that the Board is pursuing or proposes to pursue, and any action taken or proposed to be taken, in the exercise or discharge by the Board of its functions.

(4) The Minister may issue directions to the Board on matters of policy and the exercise of its powers and functions and the Board shall observe and carry out the directions so given.

Inserted by Act of 1970, No. 34, s: 6; as amended by Act of 1978, No. 12, s. 4.

8c. Membership of Board. (1) The State Government Insurance Office (Queensland) Board shall consist of-

(a) the Chairman;

(b) the General Manager, who shall be Deputy Chairman of the Board;

(c) the Under Treasurer of Queensland or an officer of the Treasury Department nominated by the Under Treasurer; and

(d) two other members, who shall be appointed by the Governor in Council in accordance with this section.

(2) The General Manager and the Under Treasurer of Queensland shall be ex officio members.

(2A) (a) Where the Chairman is absent from any cause the Deputy Chairman of the Board shall, during such absence, have and may exercise the powers and authorities and shall perform the functions and duties of the Chairman under this Act.

(b) Where both the Chairman and Deputy Chairman of the Board are absent from any cause, the Governor in Council may appoint another member of the Board to act as Chairman during such absence and that member, whilst so acting, shall have and may exercise the powers and authorities and shall perform the functions and duties of the Chairman.

(3) A member of the Board appointed under paragraph (d) of subsection (1) of this section-

( a) shall not be an officer of the Public Service of Queensland;

(b) shall be appointed for a period not exceeding three years but is eligible for re-appointment; and

(c) shall hold office subject to good behaviour and to his being qualified for appointment as such a member of the Board.

(10)

STATE GOVERNMENT JNSURAN<JE OFFICE (QLD) ACT ss. 8D-8G 7 ( 4) In the event of a member of the Board appointed under paragraph (d) of subsection (1) of this section ceasing to hold office before the termination of his period of office the period of appointment of a person appointed in his place shall be the remainder of the period of office of the member so ceasing to hold office.

(5) A member of the Board (other than the Chairman or an ex officio member) shall be paid by the Office such remuneration (if any) as the Governor in Council determines.

(6) On all occasions on which the General Manager is prevented by illness, absence, or otherwise howsoever from attending a meeting of the Board, the Deputy General Manager shall act as the deputy of the General Manager as member of the Board and whilst so acting the Deputy General Manager shall have all the powers and authority of such a member.

Inserted by Act of 1970, No. 34, s. 7; as amended by Act of 1978, No. 12, s. 5.

Sn. Declaration by members. A member of the Board shall, before entering upon his duties or exercising any power under this Act, make a declaration of secrecy in accordance with the prescribed form.

8E. Disqualification from membership. Save as section 8c of this Act otherwise prescribes, a person who is a director, officer or employee of a corporation the business of which is wholly or mainly that of insurance is not qualified for appointment as a member of the Board and a member of the Board who becomes so disqualified for appointment shall thereupon cease to hold office as a member of the Board.

SF. Vacation of office. If a member of the Board (other than the Chairman or an ex officio member):-

(a) becomes permanently incapable of performing his duties;

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;

(c) resigns his office by writing under his hand addressed to the Governor in Council;

(d) is absent, except on leave granted by the Minister, from all meetings of the Board held during two consecutive months or during any three months in any period of twelve months; or (e) fails to comply with his obligations under section 81 of this

Act,

the Governor in Council shall terminate his appointment.

8G. Meetings of Board. (1) Except as otherwise provided by this Act, the Board shall meet at such times and places as the Board determines and conduct its business in such manner as it deems fit.

(2) The Chairman shall preside at all meetings of the Board at which he is present and, in the absence of the Chairman, the Deputy Chairman shall preside.

(11)

8 !IS· 8H-8J STATE GOVER:NMENT INSURANCE OFFlCE (QLD) ACf {3) TJ:rree members, of whom the Chairman or the General Manager shall be one, form a quorum at a meeting of the Board.

( 4) Questions arising at a meeting of the Board shall be decided by a, majority of votes of the members present and voting.

(5) The member presiding at a meeting of the Board shall have a deliberative vote and, in the event of an equality of votes, ~hall also have a casting vote.

(6) The Board shall keep a record of its proceedings.

Inst)rted by Act of 1970, No. 34, s. 8; as amended by Act of 1978, No. 12, ~-6.

8H. Vacancies not to invalidate. The exercise of any power or function, or the performance of the duties, of the Board is not affected by reason only of there being a vacancy in the office of a member of the Board.

81. Disclosure of interest in contracts. (1) A member of the Board who is directly or indirectly interested in a contract made or proposed to be made by the Office otherwise than :;~-sa member, and in common with the other members, of an incorporated company consisting of not less than twenty-five persons, shall disclose the nature of his interest at the first meeting of the Board at which he is present after the relevant facts have come to his knowledge.

(2) A disclosure under this section to the Board shall be recorded in the minutes of the Board.

(3) After a member of the Board has, in pursuance of this section, disclosed the nature of his interest in a contract, the member-

(a) shall not take part in any deliberation or decision of the Board with respect to the contract; and

{b) shall be disregarded for the purposes of constituting a quorum of the Board for any such deliberation or decision.

8J. Chairman. (1) The Chairman of the Board-

(a) shall be appointed by the Governor in Council upon the recommendation of the Minister;

(b) shall be appointed for such period, not exceeding seven years, as the Governor in Council determines but is eligible for re-appointment; and

(c) holds office subject to good behaviour.

{lA) An appointment as Chairman pursuant to this section may be on a part-time basis and in that event- ·

(a) the appointee shall be a person other than an officer of the Public Service of Queensland; and

(b) the appointment shall be subject to such terms and conditions as the Governor in Council determines.

The Governor in Council, upon being satisfied that a Chairman appointed pursuant to this subsection has contravened or failed to comply with a term or condition to which his appointment is subject, shall terminate his appointment as Chairman.

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ST,ATJ3 GOVERNMENT :{NSURANCE OFFICE (QLD) ACT ss.SK, SL 9 Subsection (1) applies to appointments made pursuant to this subsection, subject to this subsection.

(2) The Chairman shall be paid by the Office such salary and allowances as the Governor in Council determines.

(3) A person holding office as Chairman shall retire from office on attaining the age of sixty-seven years notwithstanding that the then subsisting period of his appointment has not expired.

Inserted 'Qy Act of 1970, No. 34, s. 9; as amended by Act of 1978, No. 12, s. 7.

8K. Vacation of Office of Chairman. If the Chairman-

(a) becomes permanently incapable, in the opinion of the Governor in Council, of performing his duties;

(b) engages in any paid employment outside the duties of his office;

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his salary for their benefit;

(d) resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Governor in Council;

(e) is, except by reason of illness or physical incapacity or on leave granted by the Minister, absent from duty for twenty-eight days in all in any period of twelve months or for fourteen consecutive days;

(f) is convicted of an indictable offence; or

(g) is guilty of misconduct such as to warrant, in the opinion of the Governor in Council, removal from Office,

the Governor in Council shall terminate his appointment.

A Chairman appointed on a part-time basis pursuant to section 8J does not prejudice his appointment if he does any act specified in paragraph (b) or (e).

8L. Functions of Chairman. (1) In addition to his function as Chairman-

(a) subject to this Act and to the investment policy of the Office as determined by the Board, the Chairman is charged with the duty of determining and may determine the form of investment in which the funds of the Office shall be invested and the investment contracts into which the Office shall enter unless- (i) the amount proposed to be invested exceeds the maximum

amount fixed by the Board that the Chairman may, in his discretion, invest from the funds of the Office in a particular investment or an investment of a particular class; or

(ii) the proposed contract is a contract to underwrite or sub-underwrite an issue of shares in any body corporate or a raising of a loan;

(b) subject to any policy of the Office as determined by the Board, the Chairman may develop and conduct external contacts with corporations engaged in the business of insurance or re-insurance or both and with brokers and other persons or bodies (whether bodies corporate or unincorporate) associated with trade and industry;

(13)

10 ss.SM-10 STATE GOVERNMENT INSURANCE OFFICE (QLD) ACT (c) the Board may entrust to and confer on the Chairman such

powers and duties in relation to the exercise by the Board of its functions as it thinks fit and may from time to time revoke, withdraw, alter or vary all or any of those powers and duties.

(2) The powers, authorities and duties conferred or imposed upon the Chairman by this Act do not include any power, authority or duty in respect of the general administration or management of the Office.

(3) The power conferred by section 22 ofthis Act to make regulations includes power to make regulations in respect of the maximum that the Chairman may, in his discretion, invest from the funds of the Office in a particular investment, or an investment of a particular class.

8M. Staff of the Board. (1) Pursuant to section 9 of this Act, there shall be appointed a secretary to the Board and such other officers as are necessary to facilitate the exercise by the Board of its powers and functions.

(2) The secretary and other officers appointed in pursuance of this section shall be employees of the Office.

9. Governor in Council to appoint officers. (I) The Governor in Council-

( a) Shall, upon the recommendation of the Minister, appoint a General Manager and a Deputy General Manager of the Office; and

(b) May appoint such and so many actuaries, adjusters, inspectors, medical practitioners, supervisors and other officers and employees of the Office as he deems necessary for the purposes thereof.

(2) Officers, other than the General Manager and the Deputy General Manager, may be appointed under The Public Service Acts, 1922 to 1958, and if so appointed shall hold their respective offices under, subject to and in accordance with those Acts.

(3) Subject to any applicable award of any industrial court, tribunal or authority, the Governor in Council may determine the salaries or wages of the General Manager, the Deputy General Manager and of all other officers and employees of the Office.

( 4) This section does not apply to agents of the Office.

As amended by Act of 1970, No. 34, s. ll; Act of 1978, No. 12, s. 14 Sch.

10. General Manager, Deputy General Manager. (1) Subject to this Act, the General Manager and the Deputy General Manager shall be appointed and hold office for periods respectively fixed by the Governor in Council and be eligible for reappointment:

Provided that no such appointment or reappointment shall be for a period exceeding seven years and that any such appointee shall retire from office on attaining the age of sixty-seven years notwithstanding that the then subsisting period of his appointment has not expired.

Either or both such appointments may be made at any time after the passing of this Act.

(14)

STATE GOVERNMENT INSURANCE OFFICE (QLD) ACf ~ 11,12 11 (2) Save in so far as this Act otherwise expressly provides, the General Manager shall administer, conduct the business of and manage and control the Office. The limitation imposed by this subsection on the functions of the General Manager applies in relation to his functions whether under this or any other Act.

(3) Subject to the General Manager, the Deputy General Manager shall assist the General Manager in the administration of, the conduct of the business of, and the management and control of, the Office.

In particular he shall perform such duties as the General Manager directs.

( 4) The Deputy General Manager shall act in the office of the General Manager at any time when there is a vacancy in that office or when the General Manager is prevented by illness, absence or otherwise from performing the duties of that office, and the Deputy General Manager, whilst so acting, shall have and may exercise all of the powers, authorities and functions and shall perform all of the duties of the General Manager.

(5) The General Manager and the Deputy General Manager shall in relation to the conduct of the business, and the management and control, of the Office act in accordance with the policy of the Office and with any decisions of the Board in the discharge of its functions.

(6) Without limiting the generality of his powers or functions, the General Manager may develop and conduct such external contacts with other persons or bodies (whether bodies corporate or unincorporate) as he deems necessary or expedient.

As amended by Act of 1970, No. 34, s. 12; Act of 1978, No. 12, s. 14 Sch.

11. Delegation of his powers by the General Manager. (1) The General Manager may, in relation to any particular matter or class of matters, or to any particular place, delegate to the Deputy General Manager or any officer of the Office, such of his functions, powers, authorities or duties under this Act (other than this power of delegation) as he thinks fit so that any delegated such power, function, authority or duty may, subject to this Act, be exercised or performed by the Deputy General Manager or other such officer with respect to that particular matter or class of matters, or to the place, specified in the instrument of delegation.

(2) Where the exercise or performance of any power, function, authority or duty is dependent upon the opinion, belief or state of mind of the General Manager in relation to any matter, that power, function, authority or duty may be exercised or performed by the Deputy General Manager or officer to whom it is delegated, upon his opinion, belief or state of mind.

(3) Every delegation shall be revocable by the General Manager at his will, and no delegation shall prevent the exercise or performance of the delegated power, function, authority or duty by the General Manager.

As amended by Act of 1978, No. 12, s. 14 Sch.

12. Disqualifications from office of General Manager, Deputy General Manager or Assistant General Manager. The office of the General Manager or Deputy General Manager shall become vacant if he-

( a) Dies or becomes mentally sick;

(b) Becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;

(15)

12 ss.l3, 14 STATE GOVER!NMENI' INSURANCE OFFICE (QLD) ACf (c) Is, except by reason of illness or physical incapacity or on

leave granted, in the case of the General Manager, by the Minister or, in the case of the Deputy General Manager, by the General Manager (power to grant such leave being hereby authorised), absent from duty for twenty-eight days in all in any period of twelve months or for fourteen consecutive days;

(d) Is convicted of an indictable offence;

(e) Is removed from office by the Governor in Council for mis- behaviour or incapacity;

(f) Resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Governor in Council; or

(g) If (otherwise than as a party to a contract of insurance) he becomes a member of any body or association of persons which carries on any insurance business or if he becomes in any way concerned or interested in any contract (otherwise than as a party to a contract of insurance) made on behalf of the Office or in anywise participates or claims to participate in the profit thereof or in any benefit or emolument arising therefrom.

As amended by Act of 1978, No. 12, s. 14 Sch.

13. When Chairman, General Manager, Deputy General Manager may contribute to the Public Service Superannuation Fund. Where an officer within the meaning of The Public Service Superannuation Act of 1958, who is a contributor under that Act to the Public Service Superannuation Fund is appointed Chairman, General Manager or Deputy General Manager he shall in respect of, and while he continues to hold, the office of Chairman, General Manager, Deputy General Manager or any other of such offices be deemed to continue to be employed as, and to be, an officer within the meaning of The Public Service Superannuation Act of 1958.

As amended by Act of 1970, No. 34, s. 13; Act of 1978, No. 12, s. 14 Sch.

14. Execution of contracts. (1) Contracts on behalf of the Office may be made, varied or discharged as follows:-

(a) Any contract which, if made between private persons would be by law required to be in writing under seal, may be made, varied or discharged, in the name and on behalf of the Office, in writing under the seal of the Office;

(b) Any contract which, if made between private persons, would be by law required to be in writing and signed by the parties to be charged therewith, may be made, varied or discharged, in the name and on behalf of the Office, in writing signed by any person acting under the implied or express authority of the Office;

(c) Any contract which, if made between private persons, would by law be valid although made by parol only and not reduced into writing, may be made, varied or discharged by parol, in the name and on behalf of the Office, by any person acting under the express or implied authority of the Office.

(16)

STATE GOVERNMENT INSURANCE OFFICE (QLD) Acr ss. 15-17 (2) All contracts made according to the provisions of subsection one of this section shall be effectual in law, and shall be binding on the Office and all other parties thereto, their heirs, executors or administrators as the case may be:

Provided that nothing in subsection one of this section shall invalidate any contract executed on behalf of the Office by any duly appointed attorney of the Office if the contract would be valid if executed by the attorney on his own behalf.

15. Funds. (1) There shall be kept separate and distinct in the Office the following funds:-

(a) in respect of life assurance business, the Life Assurance Fund;

(b) in respect of all business of the Office other than life assurance business, the General Insurance Fund;

(c) the General Reserve Fund.

(2) All premiums and other moneys received by the Office in the conduct of its business shall be paid into the proper fund.

(3) All payments in respect of contracts of insurance made by the Office shall be paid out of the proper fund.

( 4) All payments in respect of salaries, allowances, remuneration and other outgoings expended or incurred in the general management of the Office and the conduct of its business shall be apportioned between and payable out of the several funds required by this Act to be kept in such proportions as the General Manager, with the approval of the Minister, from time to time declares.

Such payments shall include the recoupment to Consolidated Revenue of any payments made therefrom in respect of salaries, allowances or other remuneration payable to any officers or employees of the Public Service or of the Crown during and in relation to their employment by, and in relation to the business of, the Office.

As amended by Act of 1965, No. 29, s. 5; Act of 1978, No. 12, s. 10.

15A. (Repealed.)

16. Application of Life Assurance Companies Acts. The provisions of sections eighteen to twenty-six, both inclusive, and thirty-eight to forty- four, both inclusive, of The Life Assurance Companies Acts, 1901 to 1934, so far as the same are applicable, shall extend and apply with respect to all life insurance business within the meaning of those Acts undertaken or carried on by the Office, and to all contracts in respect of such life insurance business entered into or by this Act deemed entered into with the Office, as if the Office were a company within the meaning of those Acts.

17. Taxation. (1) The Stamp Act 1894-1976 applies to and with respect to the Office in relation to all insurance business conducted by the Office.

(2) The provisions of The Fire Brigades Acts, 1920 to 1959, apply to and in respect of the Office, which is here by declared to be an insurance company under and within the meaning of those Acts.

(17)

14 ss.lS-21 STATE GOVERNMENT INSURANCE OFFJ:CE (QLD) ACT (3) To the extent to which any Act of the State imposing taxation applies to and in respect of insurance business or any class thereof, such Act applies to the Office and insurance business undertaken or carried on by it.

As amended by Act of 1966, No. 15, s. 15 (1); Act of 1978, No. 12, s. 12.

18. Settlement of claims, reference to arbitration. (1) The General Manager shall allow or reject in the first instance all claims made to the Office under policies issued by the Office.

(2) A person aggrieved by the rejection of a claim by the General Manager may, by notice in writing given to the Office within one year after the date on which notification of the rejection is received by that person, require that the matter be referred to arbitration.

(3) A notice given in accordance with subsection (2) shall constitute an agreement to arbitrate within the meaning of the Arbitration Act 1973 that provides that the reference shall be to a single arbitrator and the provisions of that Act shall apply and extend accordingly.

Substituted by Act of 1978, No. 12, s. 13.

19. Investment of funds of Office. The assets of the funds of the Office required by this Act to be kept may be invested as determined by the Board or, as the case may be, the Chairman in accordance with this Act.

Substituted by Act of 1970, No. 34, s. 14.

19A, 19B. (Repealed.)

20. Annual balance sheet. (1) As soon as practicable after the completion of each financial year the Board shall prepare and transmit to the Minister a balance sheet and statements of accounts and shall therein set forth a true statement of the financial position of each fund required by this Act to be kept and of the transactions of the Office for the last preceding financial year certified by the Auditor-General.

A copy of such balance sheet and each statement of account shall be laid before the Legislative Assembly as soon as practicable.

(2) With respect to the audit and accounts of the Office the Auditor- General shall have all the powers and authorities conferred on him by The Audit Acts, 1874 to 1965.

Substituted by Act of 1965, No. 29, s. 9; as amended by Act of 1970, No. 34, s. 15.

21. Surplus profits. (1) As soon as conveniently may be after the thirtieth day of June in each year, the Board shall report to the Minister what, if any, in its opinion, are the net surplus profits of the Office. The Minister, if he thinks fit, may obtain an opinion from a competent actuary or other competent person as to such recommendations or any of them.

(2) Such report and opinion, if any, shall be laid before the Governor in Council, and any sum recommended for division in such report may be divided amongst holders of current policies in accordance with the scheme approved by the Governor in Council.

(18)

STATE GOVERNMENT JNSURANCE OFFICE (QLD) ACT ss. 22,23 15

(3) Report to be presented to Parliament. The aforesaid report of the Board and opinion, if any, of the actuary or other person shall be presented to Parliament.

(4) Subject to this Act, the net surplus profits of the Office retained by each fund required by this Act to be kept shall be credited to the reserve account or accounts of the department or departments in respect of the business of which such fund is kept.

When such profits are to be credited to more than one such reserve account they shall be apportioned in such proportions as the Minister, upon the recommendation of the Board, approves and shall be credited to the reserve accounts of such departments in accordance with such approval.

As amended by Act of 1965, No. 29, s. 10; Act of 1970, No. 34, s. 16.

22. Regulations. (1) The Governor in Council may from time to time make regulations, not inconsistent with this Act, prescribing all matters or things which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.

(2) Regulations may be made under this Act at any time after the passing hereof.

(3) Such of the regulations made under The Insurance Acts, 1916 to 1940, (repealed by The Insurance Act of 1960,) and subsisting immediately prior to such repeal as applied to the carrying on of business by the Insurance Commissioner and, so far as applicable to the business of the Insurance Commissioner, as applied generally for the purposes of the Acts so repealed, shall, subject as hereinafter provided by this subsection and so far as is consistent with this Act, continue for the purposes of this Act:

Provided that any such regulation shall be read subject to this Act and that the power to make regulations under this Act shall include power to make a regulation revoking or amending any such regulation.

23. Publication of Proclamations, etc. (1) Every Proclamation or regulation made under this Act shall-

(a) Be published in the Gazette;

(b) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

(c) Take effect· from the date of such publication unless, in the case of any regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; and

(d) Be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.

(2) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before Parliament disallowing the same or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation.

(19)

(20)

STATE GOVERNMENT INSURANCE OFFICE (QUEENSLAND) REGULATIONS OF 1960

17

[Published Gazette 5 November 1960, p. 1432; as amended by regulations published Gazette 9 October 1965, p. 616; 13 March 1971, p. 1003; 2 November 1974, p. 866; 20 January 1979, p. 206; 23 February 1980, p. 620]

The Treasury,

Brisbane, 3rd November, 1960.

THE Deputy Governor, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council, in pursuance of the powers and authorities conferred by The State Government Insurance Office (Queensland) Act of 1960, has been pleased to make the following Regulations, which he deems necessary and convenient, in order to give full effect to the provisions and intention of the said Act.

T. A. HILEY.

1. (I) These Regulations may be cited as "The State Government Insurance Office (Queensland) Regulations of 1960," and shall come into force immediately on the publication hereof in the Gazette.

(2) All Regulations included in Part I of" The Insurance Regulations of 1916" as heretofore amended from time to time and as in force immediately prior to the making of these Regulations, are hereby repealed.

INTERPRETATION

2. In these Regulations, unless the context otherwise indicates,

"Act" means The State Government Insurance Office (Queensland) Act of 1960.

REGULATIONS

LOCAL AGENTS

3. (a) Every application for an appointment as local agent for the State Government Insurance Office (Queensland) to be made under subsection 2 of section 6 of the Act shall be in the following form:-

1. Name:

(In the case of a partnership the full name of each partner must be given.)

2. Occupation:

3. Address:

4. State if already agent for any Insurance Company; if so, state name of company:

5. State the amount of business which you expect to be able to secure:

, the undersigned , hereby apply for appointment as local agent at for the State Government Insurance Office (Queensland) and agree to accept and hold the appointment subject to the Regulations and to any instructions at any time issued by the office.

Date:

73230-B

(Signature of Applicant)

(21)

18 regs. 4-7 REGULATIONS

(b) Local agents may receive applications for general insurance for transmission to the office, and may give valid and sufficient receipts for premiums or other payments received by them on behalf of the office, but, unless specially authorised so to do by the terms of their appointment, shall liave no authority to give cover or to enter into, vary, or discharge contracts or to bind the office in any way whatever. ·

(c) Every agent of the office shall at least once in each week transmit to the office, in the form supplied for that purpose, a list of the premiums collected by him up to the close of business on the previous business day, together with an amount equal to the total premiums collected or a duplicate bank deposit slip showing that an amount equal to the total premiums collected has been deposited with the local branch of such bank as . the office may from time to time indicate to the credit of the State Government Insurance Office (Queensland).

As amended by regulations published Gazette 20 January 1979, p. 206.

APPLICATIONS FOR POLICIES

4. (a) Applications for policies may be made to the office in writing in such form as the office may from time to time direct.

(b) Any such application may be delivered to the office or to any local agent or State officer for transmission to the office, but shall be subject to the office's approval, and may be accepted or declined by the office as it shall see fit.

(c) Every agent of the office, before completing or renewing any insurance with the office, shall furnish to the office such plans, schedules, and particulars as the office may require to enable it to form a correct judgment of such risk. ·

AccEPTANCES

5. On the acceptance of any risk by the office it shall issue to the applicant or to his agent a notice of acceptance, showing the amount payable, and, subject to payment of the said amount to the office or to its agent or to any State officer mentioned in the notice of acceptance within the period mentioned in such notice, the office shall hold the risk insured as from the date of the said acceptance.

COVER NOTES

6. The office may give immediate cover in respect of any risk at any time for any period at its absolute discretion, and may withdraw or cancel such covets. All such covers shall be in writing signed by an officer or agent specially authorised by the office, and unless previously withdrawn or cancelled by the office, shall be good and valid in case of loss, notwithstanding the fact that no consideration for the cover purporting to be granted thereby has actually been paid by the insured at the date on which the loss occurs; but in all cases in which cover is so granted and accepted the pro rata premium at the rate fixed in the rating notification shall be payable by the insured to the office for the ·period during which the office actually covers such risk, notwithstanding the fact that eventually the insurance is not completed by the applicant.

POLICIES

7. (a) On receipt of the amount named in the notice of acceptance, the office shall issue to the insured a policy in the form applicable to the particular contract, duly stamped in conformity with the provisions of The Stamp Acts, 1894 to 1959, or any Act amending the same or in substitution thereof.

(22)

REGULATIONS 19

(b) The office may add to the policy, by endorsement or otherwise, such provisions relating to any particular risk as it may consider.

appropriate to any individual case.

(c) When any risk is accepted subject to average or other restriction, a memorandum of such restriction shall be written or printed on every cover note, receipt, and policy issued by the office in respect of such insurance; and if there be several separate items insured under a policy, and only some one or more of such items are to be subject to such restriction, the memorandum shall specify the items to which such

restriction applies. ·

RENEWALS

8. The office shall not be bound to renew any policy nor to send a notice of expiry to any policyholder, but every notice inviting renewal of any policy shall specify the date upon which such policy expires, the amount of premium required for the renewal thereof, and the person to whom such amount may be paid; and, subject to the payment ofthe required amount to the person named on or before such expiry date, the risk shall be deemed to have been held covered by the office as from such expiry date.

CLAIMS

9. (a) Upon the happening of any event giving rise to a claim under any policy issued by the office, the insured shall give notice thereof to the office as soon as he conveniently can, and, in any case, within fourteen days of such event coming to his knowledge. When the amount of the loss is likely to exceed two hundred dollars, immediate notice thereof shall, if possible, be given by telegram.

(b) Within fifteen days after receipt of notice from the office in writing so to do, the claimant or his agent shall furnish to the office in such form as the office may require, a full statement of his claim, and, if required by the office, shall verify the same by statutory declaration.

(c) The office, within thirty days after the receipt of any claim, shall forward to the claimant or to his agent a notice stating whether it allows or rejects the claim or requires further evidence in support thereof.

As amended by regulations published Gazette 20 January 1979, p. 206.

10. (Repealed.)

Heading preceding regulation 10 repealed by regulations published Gazette 20 January 1979, p. 206.

Regulation 10 repealed by regulations published Gazette 20 January 1979, p. 206.

11, 12. (Repealed.)

Heading preceding regulation 11 repealed by regulations published Gazette 23 February 1980, p. 620.

Regulations 11, 12 repealed by regulations published Gazette 23 February 1980, p. 620.

13. (Repealed.)

Repealed by regulation published Gazette 13 March 1971, p. 1003.

(23)

20 reg, 14 REGULATIONS

14. The form of the declaration of secrecy required to be made pursuant to Section 8D of this Act shall be set out hereunder-

DECLARATION OF SECRECY

I, , of , in the State

of , do solemnly and sincerely declare that I will not at any time-

( a) make record of;

(b) divulge to any person; or (c) make use of,

any information acquired by me in the course of the performance of my duties as a member of the State Government Insurance Office (Queensland) Board other than for the proper performance of such duties.

Declared and signed at by the abovenamed

I

^{Before me-}

this

day of , 19 , A Justice of the Peace.

Inserted by regulations published Gazette 20 January 1979, p. 206.

(24)

INDEX

TO

STATE GOVERNMENT INSURANCE OFFICE (QUEENSLAND) ACT 1960-1978

AND

REGULATIONS THEREUNDER

A

Act-

repeal of previous Agencies-

applications for . . . . . . . . . . . . Office may employ persons as agents outside the State Office may establish and/or discontinue . . . . Annual Balance Sheet-

completion of . . . . . . . . to be laid before the Legislative Assembly Application for Policies-

how to be made . . . . may be accepted or declined ..

on acceptance Office to issue notice Attorney of the Office-

execution of contracts by duly appointed attorney Audit-

of accounts of the Office Average clause-

noting of, on policy, etc.

Board-

defined .. .. .. ..

disqualification from membership establishment of . . . . . . functions of ..

meetings, when held . . . . . .

B

member of, to disclose interest in contracts members to make declaration of secrecy membership, defined . . . . . . quorum, constitution of ..

remuneration of members staffof .. .. .. ..

terms of appointment of members to . . . . . . . . to furnish reports on policies it is pursuing or proposes to

pursue

to observe and carry out direction of Minister on matters of policy

to prepare and submit to Minister, Annual Report, Balance Sheet and Statement of Accounts

to report to Minister on net surplus profit when members to vacate office . . . . Body corporate-

Office to be Branches-

Office may establish and/or discontinue

Chairman-

appointment of term of, etc.

defined

functions of ..

c

vacation of office of .. .. .. .. .. ..

when Deputy Chairman to act in his stead . . . . . . when may contribute to Public Service Superannuation Fund

s. 2 (10) reg. 3

s. 6 (2i.

6 (I) 20 (I) 20 (I) reg. 4 (a) 4 (b) 5

s. 14 (2) 20 (2) reg. 7 (c)

s. 3 SE SA ..

S8 (!), (2) SG ..

Sc ..

81 ..

8D ..

8G (3) 8c (5)

SM.. ..

8c (3), (4) ..

88 (3) 88 (4) 88 (2) (k) 88 (2) (j) SF ..

5 (2) 6(1)

81 3 8L 8K ..

8c (2A) (a) 13

Page

2 16 4 4 14 14 17 17 17 13 14 18

3 7 5 6 7 6 8 7 8 7 10 6, 7 6 6 6 6 7 4 4

8 3 9 9 6 12

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