THE STATE GOVERNMENT INSURANCE OFFICE (QUEENSLAND) ACT of Eliz. 2 No.2

Transcription

1 797 THE STATE GOVERNMENT INSURANCE OFFICE (QUEENSLAND) ACT of Eliz. 2 No.2 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] 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; Proclamation, Gazette 19 March 1960, p 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 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.

2 798 INSURANCE Vol. 7 ( 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 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.

3 STATE GOVERNMENT INSURANCE (ETc.) ACT OF 1960 ss ( 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. Acts referred to: Workers' Compensation Acts, 1916 to 1965, title LABOUR. Insurance Acts, 1916 to 1940; see now Insurance Act of 1960, p. 737, ante. For the commencement date of this Act, see note to s 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:- "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; "Office"-The State Government Insurance Office (Queensland) as deemed to be established and as incorporated under this Act. 4. Administration of this Act. This Act shall be administered by the General Manager, Deputy General Manager, Assistant General Manager and other officers appointed hereunder. 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." (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, movaljle 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.

4 800 INSURANCE Vol. 7 (3) All Courts, Judges, justices and persons acting judicially shall take judicial notice of the seal of the office or signature of the 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. Insurance Acts, 1916 to 1940; see now Insurance Act of 1960, p. 737, ante. For the commencement date of this Act, see note to s. 1. As to powers and authorities of the Office, see s Branches and agencies. (1) 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 in Queensland unless such person is duly licensed as an agent under "The Insurance Act of 1960." 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. Insurance Act of 1960, p. 737, ante. As to licensing of insurance agents, see ibid., s. 14, p. 746, ante. 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 commencement 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 carryon 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.

5 STATE GOVERNMENT INSURANCE (ETC.) ACT OF 1960 ss (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. The Executive Government has no power in law to carryon an ordinary commercial or industrial enterprise without the authority of an Act of Parliament, Australian Alliance Assurance Co. Ltd. v. Goodwyn, [1916] St. R. Qd. 225; [1916] Q.W.N. 33. For the commencement date of this Act, see note to s. 1. As to funds established for different classes of insurance business, see s 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. As to the manner of execution of contracts, see s Governor in Council to appoint officers. (1) The Governor in Council (a) Shall appoint a General Manager, a Deputy General Manager and an Assistant 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, the Deputy General Manager and the Assistant 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 Goveror in Council may determine the salaries or wages of the General Manager, the Deputy General Manager, the Assistant General Manager and of all other officers and employees of the Office. ( 4) This section does not apply to agents of the Office. Public Service Acts, 1922 to 1965, title PUBLIC SERVICE. As to disqualifications from office of officers, see s General Manager, Deputy General Manager and Assistant General Manager. (1) SUbject to this Act, the General Manager, the Deputy General Manager and the Assistant 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. (2) The General Manager shall conduct the business of, and manage and control, the Office.

6 802 INSURANCE Vol. 7 (3) Subject to the General Manager, the Deputy General Manager and Assistant General Manager shall assist the General Manager in the conduct of the business of, and the management and control of, thc Office. In particular they shall respectively 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. As to delegation of General Manager's powers, see s. II. As to disqualification from office of General Manager, Deputy General Manager and Assistant General Manager, see s. 12. As to appeals against the decision of the General Manager, in relation to claims under policies, see s. J~. 11. Delegation of his powers by the General Manager. (1) The Gencral Manager may, in relation to any particular matter or class of matters, or to any particular place, delegate to the Deputy General Manager, the Assistant 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, Assistant 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, Assistant 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. 12. Disqualifications from office of General Manager, Deputy General Manager or Assistant General Manager. The office of the General Manager, Deputy General Manager or Assistant 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; (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 or Assistant 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;

7 STATE GOVERNMENT INSURANCE (ETC.) ACT OF 1960 ss (d) Is convicted of an indictable offence; (e) Is removed from office by the Governor in Council for misbehaviour 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 to laws relating to bankruptcy, see Bankruptcy Act (Commonwealth). As to indictable offences, ~ee Criminal Code, ss. 1, 3, title CRIMINAL LAW, Vol. 3; Acts Interpretation Acts, 1954 to 1962, s. 36, title ACTS OF PARLIAMENT, Vol. 1; Acts Interpretation Act , ss. 42, 43 (Commonwealth). As to contracts by the Office, see ss. 8, When General Manager, Deputy General Manager or Assistant General Manager may contribute to the Public Service Superannuation Fund. Where an oflicer 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 General Manager, Deputy General Manager or Assistant General Manager, he shall in respect of, and while he continues to hold, the office of General Manager, Deputy General Manager or, as the case may be, Assistant General Manager be deemed to continue to be employed as, and to be, an officer within the meaning of "The Public Service Superannuation Act of 1958." Public Service Superannuation Acts, 1958 to 1964, title PUBLIC SERVICE. 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.

8 804 INSURANCE Vol. 7 (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 on 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. Contracts required to be in writing, see Statute of Frauds and Limitations of 1867, s. 5, title FRAUDS, Vol. 6, p. 208; Sale of Goods Act of 1896, s. 7, title MERCANTILE LAW; Hire Purchase Act of 1959, s. 3 (2), title HIRE PURCHASE, p. 322, ante. Contracts entered into by the Office are deemed to be guaranteed by the Crown, s Funds. ( 1) There shall be separate and distinct funds for each and every class of insurance business undertaken and carried on by the Office, called- (a) In respect of fire insurance business, the "State Fire Insurance Fund"; (b) In respect of life insurance business, Insurance Fund"; and the "State Life (c) In respect of any other class of insurance business, the "State (name of class) Insurance Fund": Provided that a miscellaneous fund, called the "State Miscellaneous Insurance Fund" may be kept in respect of any class of insurance business which is of an individual or isolated character or which is such that only a nominal amount of business is transacted. (2) All premiums and other moneys received by the Office under this Act shall be paid into the proper fund. (3) All payments in respect of contracts of insurance made or deemed by this Act to have been 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 and in the administration of this Act shall be apportioned between and payable out of the several funds created under this Act and the State Accident ]nsurance Fund created under "The Workers' Compensation Acts, 1916 to 1960," 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. Workers' Compensation Acts, 1916 to 1965, title LABOUR. As to investment of funds, see s. 19.

9 STATE GOVERNMENT INSURANCE (ETC.) ACT OF Application of Life Assurance Companies Acts. The provisions of sections eighteen to twenty-six, both inclusive, and thirty-eight to fortyfour, 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. Life Assurance Companies Acts, 1901 to 1962, p. 755, ante. 17. Taxation. (1) The provisions of "The Stamp Acts, 1894 to 1959," apply to and in respect of the Office and all insurance business, other than accident insurance under "The Workers' Compensation Acts, 1916 to 1960," undertaken or carried on by it. (2) The provisions of "The Fire Brigades Acts, 1920 to 1959," apply to and in respect of the Office, which is hereby declared to be an insurance company under and within the meaning of those Acts. (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. Acts referred to: Stamp Acts, 1894 to 1964, title STAMP DUTIES. Workers' Compensation Acts, 1916 to 1964, title LABOUR. Fire Brigades Acts, 1920 to 1962; see now Fire Brigades Act of 1964, No Statutes Volume. As to stamp duty on insurance policies, see Stamp Acts, 1894 to 1964, ss. 46 et seq., First Schedule, title STAMP DUTIES. For relevant provisions of Fire Brigades Act of 1964, see ibid., ss. 3, 32, et seq., First Schedule Part I, 1964 Statutes Volume. 18. Settlement of claims. ( 1) Claims under policies issued by the Office shall be allowed or rejected in the first instance by the General Manager; but the General Manager on receipt of any such claim may, or any person claiming thereunder who objects to the ruling thereon of the General Manager may, by notice in writing, require the matter to be heard and determined by a referee, and the application shall in such case be heard and determined by such referee in accordance with the regulations. The Office may in any case, if the General Manager thinks fit, before any dispute is submitted to a referee, require a deposit of money as security for the costs of the reference, to such amount and upon such terms as may be prescribed. The decision of the referee shall, subject to the next succeeding subsection, be final and, subject as may be prescribed, the costs of the proceedings shall be in his discretion. (2) Either party to the proceedings before such referee may appeal from his decision on the ground of error or mistake in law on his part by way of order to review as if such decision were an order made by justices sitting as a court of petty sessions, and Part IX of "The Justices Acts, 1886 to 1958," shall, with and subject to all necessary adaptations, apply and extend accordingly. Justices Acts, 1886 to 1964, title JUSTICES.

10 806 INSURANCE Vol Investments. The Office may invest the assets of the funds established under and for the purposes of this Act as it thinks fit. As to funds established for different classes of insurance business, see s Annual balance-sheets. ( 1) The General Manager shall, as soon as conveniently may be after the end of every financial year, prepare and transmit to the Minister balance-sheets and statements of accounts, setting forth a true statement of the financial position and the transactions of the Office in its divers departments for such financial year, audited by the Auditor-General; and a copy of such balance-sheets and statements shall be laid before the Legislative Assembly as soon as practicable. The Auditor-General shall have, in respect of such balance-sheets and statements, all the powers conferred upon him by any Act relating to the auditing of the public accounts. (2) Each such balance-sheet and statement shall (a) Show a profit and loss account; (b) Be in the form prescribed by the Auditor-General; (c) Show separately what sums (if any) have been paid or set aside for or towards interest, reserves, outstanding claims and unearned premiums. 21. Surplus profits. (1) As soon as conveniently may be after the thirtieth day of June in each year, the General Manager shall report to the Minister what, if any, in his opinion, are the net surplus profits of the Office. The Minister, if he thinks fit, may obtain an opinion from a compctent actuary 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. (3) Report to be presented to Parliament. The aforesaid rcport of the General Manager and opinion, if any, of the actuary shall be presented to Parliament. 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

11 STATE GOVERNMENT INSURANCE (ETC.) ACT OF 1960 s 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. Insurance Acts, 1916 to see now Insurance Act of p. 737, an/e. For regulations, see Table of Contents. p. 733, ante. As to validity of regulations generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. 1, p Publication of Proclamations, etc. ( I) 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. By Authority: S. G. REID, Government Printer. Brisbane

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