Test an NSW workers or motor scheme against Insurance Contracts Act section 9

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the policy and the scheme the lawyer names, set out which section 9 exception is in play, including workers compensation, motor-accident compensation and State insurance. Do not decide whether the Insurance Contracts Act applies.
What the lawyer must review
  • Decide whether section 9 takes the contract, or only some provisions, outside the Act.
  • A workers compensation law and a common-law damages cover written for that law are treated together.
  • Do not call icare or a licensed insurer State insurance unless the subsection says so.
  • Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test.
Written for / version
New South Wales versionNSWQLDUS

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Insurance Contracts Act 1984 (Cth) section 9, applied to a New South Wales workers compensation or motor-accident scheme

Produce. A section 9 table for the policy the lawyer names, with no decision on whether the Act applies.

Have ready. Policy wording and schedule; The New South Wales scheme the lawyer names; Any proposal or notice.

Example of the limit. Illustrative example: The schedule is a compulsory third-party policy. The tool sets out section 9(1)(e)(ii) and stops. It does not decide that the Act is excluded, and it does not use section 54 on that policy.

Stop and hand it back when

  • The lawyer has not identified the law the contract was entered for.
  • The policy mixes scheme cover and other cover and the groups of provisions have not been marked.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 9(1)(e) covers a contract entered for a State law on workers compensation, or on compensation for death or injury arising out of the use of a motor vehicle.
  2. Section 9(1)(f) covers a contract entered for a workers compensation law that also insures the employer's common-law damages liability. Subsection (1B) treats those two groups as one excluded contract.
  3. Subsections (1A) and (1C) split mixed contracts and pull related provisions into the excluded group. Apply them only to the clauses the lawyer marks.
  4. Section 9(2) excludes contracts entered in the course of State insurance, including some joint insurance with the State. Do not apply that label without the lawyer's decision.

Sources

The section uses the words workers' compensation. The New South Wales short title is the Workers Compensation Act 1987, with no apostrophe. A life, total and permanent disablement or income-protection policy is not placed under paragraph (e) or (f) unless the lawyer says it was entered for one of those laws.

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