Home Warranty Insurance Scheme Board: Overview

Transcription

1 Corporate Governance Manual and Charter New South Wales Home Warranty Insurance Scheme Board Home Warranty Insurance Scheme Board: Overview The Minister for Fair Trading is currently seeking nominations from suitably qualified persons for appointment to the Home Warranty Insurance Scheme Board. The Home Warranty Insurance Scheme Board is established under the Home Building Act 1989 and was formally established in 2005 to oversee the operation of the home warranty insurance scheme in NSW. The Scheme Board presently consists of six members being the Director-General of the Department of Finance and Services (or a nominee) and five people appointed by the Minister for Fair Trading. The Scheme Board has overseen the development of: conditions of approval for insurers market practice guidelines and claims handling guidelines an industry deed with the former private insurers arrangements for the reporting of data by insurers. As part of its ongoing scheme monitoring role, the Scheme Board examines how the scheme may be improved for the benefit of homeowners and builders. As part of these responsibilities, Fair Trading and the Scheme Board collect data on claims and policies from insurers in order to be able to monitor the operation of the scheme. This data is used to produce information to: inform stakeholders and the general public of the financial progress of the scheme; assess the affordability and viability of the scheme; advise the responsible Minister and the Government on the scheme, including investigation of policy matters (eg. possible changes to the scheme); and assist in the monitoring of an insurer s compliance with their conditions of approval including compliance with the market practice guidelines and claims handling guidelines. Interested candidates must be able to demonstrate knowledge or experience in insurance products or commerce, complete the attached application form and submit a CV outlining their relevant experience by COB Wed 31 st October Further Information Relevant legislation can be accessed from and includes: Home Building Act 1989 and Home Building Regulation The Self Insurance Corporation Home Warranty Insurance Fund website can be accessed at Reports on the operation and progress of the home warranty insurance scheme, are published on the Board s behalf on the Fair Trading website at: Page 1 of 1

2 New South Wales Home Warranty Insurance Scheme Board ~ Charter ~

3 Charter New South Wales Home Warranty Insurance Scheme Board Preamble Home Warranty Insurance is a mandatory consumer protection safety-net insurance product that protects consumers against losses that can arise from defective or incomplete residential building work. The Home warranty Insurance Scheme Board was established to oversee the operation of the home warranty insurance scheme in New South Wales. The establishment of a Scheme Board was a primary recommendation of the NSW Home Warranty Insurance Inquiry (September 2003). On 1 July 2010, the Self Insurance Corporation (SiCorp - a Division of NSW Treasury) commenced exclusive underwriting of home warranty insurance in New South Wales. These new arrangements replaced the privately operated scheme that had been running in New South Wales since Although SiCorp has taken over the underwriting of the scheme, insurers involved in the previous scheme are required to continue to operate in accordance with conditions of approval entered into with the NSW Government, including abiding by requirements contained in the Market Practice and Claim Handling Guidelines. In particular, given the long-tail nature of the scheme, insurers will continue to be exposed to claims until at least 2016 and perhaps beyond. The Scheme Board consists of six members being the Director-General of the Department of Finance and Services (or a nominee) and five people appointed by the Minister for Fair Trading with knowledge or experience in insurance products or commerce. Operational Role and Functions The Scheme Board is established under Part 6 of the Home Building Act The functions of the Scheme Board are to: 1. advise the Minister on guidelines for issue under section 91A 2. monitor the operation of the scheme established under this part with respect to home warranty insurance and to provide advice and to make recommendations with respect to the scheme 3. provide advice to the Minister with respect to any other matter referred to it by the Minister. In performance of function 2 above, the Scheme Board is required to monitor the operation of both the current and previous privately run home warranty schemes. 2

4 HISTORY OF HOME WARRANTY INSURANCE IN NEW SOUTH WALES 1972 Home Warranty Insurance first introduced as a first resort government-run scheme with a maximum cover of $40, Two insurance schemes commenced operating under the House Purchasers Agreement and Trade Indemnity Agreement. Both schemes initially provided cover of up to $40,000 for building and trade work respectively. March 1990 The Schemes were replaced with the Comprehensive Insurance Scheme and the Special Insurance Scheme. The Comprehensive Insurance Scheme provided a maximum cover for defective work of $100,000 and $25,000 for incomplete work. Major structural defects were covered for seven years, and general defects for three years, from the date of substantial commencement of the building work. The Special Insurance Scheme applied to other residential building work, being single trade or specialist trade work. The maximum level of cover was $10,000 for one year The Royal Commission into the Building Industry report released (Gyles report), and the Inquiry into the Building Services Corporation report (Dodd report), which recommended the disbanding of Building Services Corporation and a move toward private underwriting May 2007, the private Home Warranty Insurance scheme commenced, all defects were required to be covered for seven years. The minimum cover required was $200,000. This applied to both defective and incomplete work HIH Casualty and General Insurance Limited and FAI General Insurance Company Limited (with approximately 40% of the market) were placed into liquidation The Home Warranty Insurance market was affected by the withdrawal of certain reinsurers. Royal & Sun Alliance (now Vero) and Reward are the only insurers. The National Review of Home Builders Warranty Insurance and Consumer Protection (the Allan report) and the Joint Select Committee on the Quality of Buildings (the Campbell report) released. The home warranty scheme moves from a first resort to last resort scheme. Cover only for the death, insolvency or disappearance of the builder for six years for major structural defects and 2 years for all other defects Home Building Service within NSW Fair Trading commences providing early intervention dispute resolution service including on-site inspection and mediation services. Final report of the NSW Home Warranty Insurance Inquiry (Grellman Inquiry) released. The Inquiry found that home warranty insurance should continue to be provided by the private sector and made seven primary recommendations for reform of the scheme including removal of high rise from scheme. Page 1 of 2

5 2004 CGU Insurance Limited (part of the IAG Group) and Lumley General Insurance Limited become home warranty insurance providers. The Home Warranty Insurance Scheme Board established to monitor the scheme s operation and provide advice to the Minister QBE Insurance (Australia) Limited and Calliden Limited commence providing home warranty insurance Report of the Review of Home Building Licensing released. Government announces the Home Building Act is to be re-drafted taking into account the Report s recommendations. The minimum cover provided under the scheme increased from $200,000 to $300,000. Cover for incomplete work set at 20% of the contract price (including variations). The Legislative Council s General Purpose Standing Committee No. 2 tabled its report of its Inquiry into the Home Building Service. The Committee made 21 recommendations to improve the regulation of home building in New South Wales Home warranty insurance policies issued from 19 May 2009 onwards also enable home owners to be able to make a claim when the contractor s licence is suspended because the contractor failed to comply with a money (compensation) order in favour of the home owner made by a Court or the Consumer, Trader and Tenancy Tribunal. Wesfarmers General Insurance Limited (trading as Lumley General) announces its withdrawal from the market by 1 January CGU Insurance Limited advises it will withdraw from the home warranty insurance market at 30 November In November NSW Government announces it will underwrite the scheme, utilising an outsourced model managed by the NSW Self Insurance Corporation, from 1 July New Home Warranty Insurance arrangements commence on 1 July 2010 when the NSW Self Insurance Corporation took over as the sole provider of home warranty insurance within NSW. The NSW Self Insurance Corporation trades as the NSW Home Warranty Insurance Fund. Since 1 July 2010 certificates of insurance have been issued on behalf of the Home Warranty Insurance Fund by its insurance agents, Calliden Insurance Limited and QBE Insurance (Australia) Limited. Between 1 July and 30 September 2010 Vero Insurance Limited also issued certificates of insurance as an agent on behalf of the Home Warranty Insurance Fund. Home warranty insurance policies issued before the commencement of the new Government underwritten scheme remain in force, and the insurer that issued the policy remains on risk for the duration of the period of cover. Page 2 of 2