Section 219 — Workers Compensation Act 1987 (NSW)

(1) A claims transfer agreement operates to transfer to the corporation concerned (the claim agent) the rights and liabilities of the Nominal Insurer in connection with a transferred claim, and for that purpose the following transitional arrangements have effect—
(a) a transferred claim is deemed to have been made against the claim agent,
(b) any act, matter or thing done or omitted to be done by the Nominal Insurer in connection with a transferred claim before the transfer is taken to have been done or omitted by the claim agent,
(c) the Nominal Insurer ceases to be the insurer in respect of the policy of insurance to which the transferred claim relates, but only for the purposes of the rights, obligations and liabilities of the insurer in connection with the transferred claim,
(d) the claim agent is deemed to be the insurer in respect of the policy of insurance to which the transferred claim relates, but only for the purposes of the rights, obligations and liabilities of the insurer in connection with the transferred claim,
(e) if the claim agent is not a licensed insurer, the claim agent is deemed to be a licensed insurer in respect of the policy of insurance to which the transferred claim relates,
(f) any proceedings commenced by or against the Nominal Insurer in connection with a transferred claim and pending immediately before the transfer are deemed to be proceedings by or against the claim agent,
(g) all records that are the property of the Nominal Insurer and that relate to a transferred claim (or a judgment or award made in respect of a transferred claim) become the property of and are to be transferred to the claim agent.
(2) The transitional arrangements are subject to the terms of the claims transfer agreement.
(3) The regulations may make provision for or with respect to the entering into and operation of claims transfer agreements, including by prescribing additional transitional arrangements for the operation of claims transfer agreements.

Related sections

• s 216A — Assignment of policies of former self-insurers
• s 217 — Definition
• s 218 — Agreements for transfer of claims to insurers
• s 220 — Conditions of claims transfer agreement
• s 224A — Definitions
• s 224B — Declaration of defaulting insurers

Research how courts apply s 219

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