Home Building Amendment (Insurance Exemption) Regulation 2015 (NSW)

New South Wales

Home Building Amendment (Insurance

Exemption) Regulation 2015

under the

Home Building Act 1989

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Home Building Act 1989.

VICTOR DOMINELLO, MP

Minister for Innovation and Better Regulation

Explanatory note
The object of this Regulation is to provide exemptions from the requirements of Part 6 of the Home Building Act 1989 (which requires residential building work done under a contract to be insured under the Home Building Compensation Fund). This Regulation exempts from Part 6 a holder of a contractor licence who does, or enters into a contract to do, residential building work funded by the NSW Community Care Supports Program or by the Commonwealth Home and Community Care Program (in relation to home modification work commenced before 1 January 2016). The proposed amendment does not affect the operation of any insurance contract issued before the commencement of the amendment.

This Regulation is made under the Home Building Act 1989, including section 140 (2) (k) (the power to make regulations for or with respect to exemptions from that Act).

Home Building Amendment (Insurance Exemption) Regulation 2015 [NSW]

Home Building Amendment (Insurance Exemption) Regulation

2015

under the

Home Building Act 1989

1      Name of Regulation

This Regulation is the Home Building Amendment (Insurance Exemption)
Regulation 2015.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3 Amendment of Home Building Regulation 2014

Clause 59 Exemptions from insurance for certain community care work funded by

State or Commonwealth Government

Insert at the end of the clause:

(2)

A holder of a contractor licence who does, or enters into a contract to do, any of the following residential building work is exempt from the requirements of Part 6 of the Act in respect of the work:

(a)	work funded by the NSW Community Care Supports Program,
(b)	work funded by the Commonwealth Home and Community Care Program, in relation to home modification work commenced before 1 January 2016.

(3)

Subclause (2) does not affect the operation of any insurance contract issued under Part 6 of the Act before the commencement of the subclause.