Western Australia: State Government Insurance Commission Act 1986 (WA)

Western Australia Insurance Commission of Western Australia Act 1986 Western Australia Insurance Commission of Western Australia Act 1986 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Eligible community organisations 1 Part II — Insurance Commission of Western Australia Division 1 — The Commission and the board of commissioners 4. Insurance Commission of Western Australia: corporate identity and status 1 4A. Agent of Crown 1 5. Board of commissioners 1 Division 2 — Functions and powers of the Commission 6. Functions 1 7. Powers 1 8. Commission to act efficiently and economically 1 9. Delegation 1 10. Directions by Minister 1 10A. Minister to have access to information 1 10B. Confidential information 1 Division 3 — Staff of the Commission 11. Managing director 1 12. Appointment of staff and consultants 1 12A. Status of managing director and officers and employees of Commission 1 13. Use of staff and facilities of departments and instrumentalities 1 13A. Use of staff and facilities of insurer 1 14. Superannuation 1 Division 3A — Strategic development plan and statement of corporate intent 14A. Duty to observe policy instruments 1 14B. Strategic development plan and statement of corporate intent 1 14C. Laying directions about strategic development plan or statement of corporate intent before Parliament 1 Division 4 — Financial provisions relating to the Commission Subdivision A — Income, expenditure and property of the Commission 15. Moneys available to Commission 1 16. Establishment and composition of Funds 1 17. Apportionment of income, expenditure and assets 1 18. Transfer between Funds 1 Subdivision Aa — Investment and property management 19. Arrangements for appointment of investment managers 1 19A. Investment policy 1 Subdivision B — Financial administration, audit and reporting 20. Application of Financial Management Act 2006 and Auditor General Act 2006 to Commission 1 21. Provisions and reserves 1 22. Accounts 1 23. Annual reports, financial statements 1 Subdivision C — Borrowing and financial accommodation 24. Power to borrow etc., generally 1 25. Power to make provision to pay off loans 1 26. Borrowing power, from Treasury sources 1 27. Specific State guarantees 1 Subdivision D — Dividends to State 28. Interim dividend 1 29. Annual dividend 1 30. Provisions for s. 28 and 29 1 31. Transitional provisions for Insurance Commission of Western Australia Amendment Act 2013: interim dividends 1 32. Transitional provisions for Insurance Commission of Western Australia Amendment Act 2013: annual dividends 1 Part IV — General 42. Secrecy 1 43. Execution of documents and entry into contracts 1 45. Regulations 1 Part V — Repeal, amendments, saving, validation and transitional 46. Repeal and amendments 1 47. Saving, validation and transitional provisions 1 48. Oversight by Public Accounts Committee 1 49. Transitional 1 Schedule 1 — Provisions as to commissioners 1. Terms used 1 2. Commissioners — terms and vacation of office 1 3. Alternate commissioners 1 4. Chairman and deputy chairman — term and vacation of office 1 5. Disclosure of pecuniary interests 1 6. Meetings 1 6A. Telephone and video meetings 1 7. Committees 1 8. Resolution may be passed without meeting 1 8A. Minutes of meetings etc. 1 9. Leave of absence 1 10. Board to determine own procedures 1 11. Protection of commissioners 1 Schedule 4 — Saving, validation and transitional provisions 1. Terms used 1 2. Transfer of assets, liabilities and records of MVIT 1 3. MVIT insurance policies 1 4. Agreements, instruments, determinations and proceedings generally 1 5. Final reports on operations of MVIT 1 6. Assessment as to sufficiency of income 1 7. Employment of current officers 1 8. References to MVIT in laws 1 9. Transfer of assets, liabilities and records of SGIO 1 10. SGIO insurance policies and re‑insurance 1 11. Agents and brokers 1 12. Agreements, instruments and proceedings generally 1 13. Final reports on operations of SGIO 1 14. Certain outstanding obligations to be met by Commission 1 15. Saving of presumption and protection 1 16. Employment of staff of SGIO 1 17. References to the SGIO in laws 1 18. Apportionment of assets and liabilities 1 19. Interpretation Act to apply 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Insurance Commission of Western Australia Act 1986 An Act to provide for the constitution and functions of the Insurance Commission of Western Australia, and for related purposes. [Long title inserted: No. 45 of 1996 s. 4.] Part I — Preliminary 1. Short title This Act may be cited as the Insurance Commission of Western Australia Act 1986. [Section 1 amended: No. 45 of 1996 s. 5.] 2. Commencement The provisions of this Act shall come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Terms used In this Act, unless the contrary intention appears — board of commissioners means the governing body of the Commission provided for by section 5(1); borrow includes — (a) reborrow; and (b) obtain credit; and (c) arrange for financial accommodation; business undertaking includes any person, corporation, trust, joint venture, government agency or other entity engaging or intending to engage in economic activity; Commission means the body continued by section 4 under the corporate name "Insurance Commission of Western Australia"; Commission account means a Fund, a fund established under section 7(4)(a) or a trust of which the Commission is a trustee under section 7(4)(c); commissioner means — (a) a person appointed to the board of commissioners under section 5(1)(a), including the chairman and the deputy chairman of the board of commissioners; or (b) the managing director; community organisation means — (a) an association incorporated, or taken to be incorporated, under the Associations Incorporation Act 2015; or (b) a company limited by guarantee that is registered under section 150 of the Corporations Act 2001 of the Commonwealth; or (c) a company holding a licence that continues in force under section 151 of the Corporations Act 2001 of the Commonwealth; eligible community organisation has the meaning given in section 3A; Fund means a fund established under section 16; insurance includes assurance, co‑insurance, re‑insurance, guarantee and surety; insurer means a corporation carrying on business under the Insurance Act 1973 or the Life Insurance Act 1945 1 of the Commonwealth or under each of those Acts; managing director means the chief executive officer of the Commission appointed under section 11; policy includes contract; public authority means — (a) a department of the Public Service; or (b) an agency, authority or instrumentality of the Crown in right of the State; or (c) a body, whether corporate or unincorporate, that is established or continued for a public purpose under a written law, other than a body, or a body of a class, that is excluded by regulation from the operation of this definition; risk management does not include the management of risks associated with an investment; Treasurer means the Treasurer of the State. [Section 3 amended: No. 45 of 1996 s. 6; No. 34 of 2002 s. 4; No. 30 of 2015 s. 219.] 3A. Eligible community organisations (1) A community organisation is an eligible community organisation for the purposes of this Act if the Treasurer has made a determination under subsection (2) in respect of the organisation or a class of organisations of which it is a member. (2) The Treasurer may determine that an organisation, or all organisations of a particular class, is or are eligible to participate in an arrangement managed and administered by the Commission for the insurance and risk management of eligible community organisations. [Section 3A inserted: No. 34 of 2002 s. 5.] Part II — Insurance Commission of Western Australia [Heading inserted: No. 45 of 1996 s. 7.] Division 1 — The Commission and the board of commissioners [Heading inserted: No. 45 of 1996 s. 7.] 4. Insurance Commission of Western Australia: corporate identity and status (1) The body corporate established under this section as enacted before the commencement of section 8 of the Acts Amendment (ICWA) Act 1996 is continued under the corporate name "Insurance Commission of Western Australia" without affecting its corporate identity or its rights and obligations. (2) The Commission is a body corporate with perpetual succession and a common seal. (3) Proceedings may be taken by or against the Commission in its corporate name. (4) The Commission may use and operate under one or more trading names approved by the Minister being — (a) an abbreviation or adaptation of its corporate name; or (b) a name other than its corporate name. [Section 4 inserted: No. 45 of 1996 s. 8.] 4A. Agent of Crown The Commission is an agent of the Crown in right of the State and has the status, immunities and privileges of the Crown except as otherwise prescribed. [Section 4A inserted: No. 45 of 1996 s. 8.] 5. Board of commissioners (1) The Commission shall have a board of commissioners comprising — (a) not less than 3 or more than 6 persons appointed as commissioners by the Governor on the nomination of the Minister; and (b) the managing director who shall be a commissioner ex officio. (2) One of the commissioners referred to in subsection (1)(a) shall be appointed by the Governor on the nomination of the Minister to be chairman of the board of commissioners and another of those commissioners shall be so appointed to be deputy chairman of the board of commissioners. (3) The board of commissioners is the governing body of the Commission with authority, in the name of the Commission, to exercise and perform the powers, functions and duties conferred or imposed on the Commission under this Act. (4) Schedule 1 shall have effect with respect to the board of commissioners and the commissioners and with respect to the acts, proceedings and determinations of the board of commissioners. (5) A commissioner referred to in subsection (1)(a) shall be paid out of the funds of the Commission such remuneration and travelling and other allowances as are determined in the case of that commissioner by the Minister on the recommendation of the Public Sector Commissioner. [Section 5 amended: No. 45 of 1996 s. 9; No. 39 of 2010 s. 89.] Division 2 — Functions and powers of the Commission 6. Functions The functions of the Commission are — (a) to issue, or cause to be issued, and undertake liability under policies of insurance as required by the Motor Vehicle (Third Party Insurance) Act 1943; and (aa) to manage and administer, and monitor the operation of, the catastrophic injuries support scheme as defined in the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Act 2016 section 3(1); and (b) to undertake liability under policies of insurance issued by the Commission as required by the Workers' Compensation and Injury Management Act 1981 section 163, being liabilities arising in respect of employment before the Workers Compensation and Injury Management Act 2023 section 615 comes into operation; and (c) to manage and administer insurance and risk management arrangements on behalf of public authorities; and (ca) to manage and administer insurance and risk management arrangements on behalf of eligible community organisations; and (d) to provide services, facilities and advice to public authorities in respect of the management of claims against them or against funds maintained or administered by them under any written law; and (e) to initiate, or participate in, and promote programmes and schemes for — (i) research into the treatment of personal injury; and (ii) research into, education for, and promotion of public awareness relating to, the prevention of personal injury and accidental death, being programmes and schemes relevant to risks in respect of which the Commission is to provide insurance under paragraph (a) or manage and administer arrangements under paragraph (c) or (ca); and (f) to provide advice to the Government on matters relating to insurance and risk management; and (g) to invest and manage moneys and other property under its control; and (h) to do such other acts and things or engage in such other activities as it is authorised or required to do or engage in under any written law. [Section 6 amended: No. 49 of 1992 s. 28; No. 45 of 1996 s. 10; No. 34 of 2002 s. 6; No. 42 of 2004 s. 174; No. 8 of 2009 s. 79(2); No. 8 of 2016 s. 40; No. 21 of 2023 s. 642.] 7. Powers (1) The Commission has power to do, in the State or elsewhere, all things necessary or convenient to be done for or in connection with the performance of its functions. (2) Without limiting the generality of subsection (1), the powers of the Commission referred to in that subsection include power — (a) with the approval of the Treasurer, to borrow moneys in accordance with this Act and give or arrange security for such borrowings; and (aa) to fix and collect such fees, charges or other payments as it considers appropriate for or in respect of services it provides; and (b) to lend moneys and provide credit; and (c) with the approval of the Treasurer and subject to such terms and conditions as the Treasurer may approve, to open, maintain and operate accounts in the name of the Commission with such bank or banks as the Treasurer may approve for the purposes of section 16(7) and for such other purposes as the Treasurer may approve; and (d) to issue, draw, make, accept, endorse, and discount bills of exchange and promissory notes; and (e) to acquire, hold, lease, sublease, license, exploit, encumber, deal in, dispose of, divide, subdivide, improve, develop or alter property or do anything else that a natural person could do in respect of property; and (f) to form or establish, or participate in the formation or establishment of, any business undertaking; and (g) to subscribe for, invest in or otherwise acquire any investment and to deal in or dispose of any investment; and (h) to enter into a partnership or an arrangement for sharing of profits; and (i) to underwrite issues of shares in, or debentures or other securities of, any business undertaking; and (j) to appoint or engage agents, custodians, brokers and attorneys; and (k) to exercise any right conferred upon the Commission to appoint a director of, or hold office in, a business undertaking; and (l) to establish advisory groups and act on the advice of such groups; and (m) to act as agent for other persons or public authorities; and (n) to do and suffer in relation to insurance policies that it has issued or caused to be issued, all such acts and things as an insurer may do and suffer in the course of carrying on business; and [(o) deleted] (p) to do anything incidental to any of its powers. (3) For the purposes of section 6(b), the Commission is taken to be a licensed insurer under the Workers Compensation and Injury Management Act 2023. (4) Without limiting subsection (1) or (2), the Commission has power to arrange reinsurance of risks and, in relation to its functions under section 6(c) or (ca), has power — (a) to establish, manage and maintain any fund or funds (in addition to the Funds) for the management of insurance arrangements of, or for risk management for, public authorities or eligible community organisations; and (b) to arrange insurance of risks for public authorities or eligible community organisations; and (c) to act as trustee of any trust. (5) The Commission's powers of investment include — (a) power to invest in real or personal property of any kind; and (b) power to be a party to any financial instrument or arrangement that relates to any investment and is, in the opinion of the board of commissioners, for the purpose of managing, limiting or reducing perceived risks or anticipated costs associated with the investment. [Section 7 amended: No. 49 of 1992 s. 28; No. 45 of 1996 s. 11; No. 34 of 2002 s. 7; No. 42 of 2004 s. 174; No. 21 of 2023 s. 643.] 8. Commission to act efficiently and economically The Commission shall perform its functions and exercise its powers in an efficient and economic manner and shall use its best endeavours to ensure that its revenue is sufficient to meet its expenditure. 9. Delegation The board of commissioners, in the name and on behalf of the Commission, may, by instrument in writing approved by resolution, delegate to a commissioner, to a committee of the board of commissioners, or to an officer or employee of the Commission all or any of the powers or duties of the Commission, except this power of delegation. [Section 9 amended: No. 49 of 1992 s. 28.] 10. Directions by Minister (1) The Minister may give directions in writing to the Commission with respect to its functions, powers and duties, either generally or with respect to a particular matter, and the Commission shall give effect to those directions. (2) The text of any direction received by the Commission under subsection (1) shall be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. (3) Subsection (1) has effect subject to the Statutory Corporations (Liability of Directors) Act 1996. [Section 10 amended: No. 5 of 1989 s. 16; No. 41 of 1996 s. 3; No. 77 of 2006 Sch. 1 cl. 91(1).] 10A. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Commission; and (b) where the information is in or on a document, to have, and make and retain copies of, that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Commission to furnish information to the Minister; (b) request the Commission to give the Minister access to information; (c) for the purposes of paragraph (b) make use of the staff and facilities of the Commission to obtain the information and furnish it to the Minister. (3) The Commission is to comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Commission; staff includes persons whose services are used under section 13. [Section 10A inserted: No. 45 of 1996 s. 12.] 10B. Confidential information (1) Nothing in this Act entitles the Minister to have information in the possession of the Commission concerning the affairs of the Commission in a form that — (a) discloses the identity and affairs of any person who is or has been a customer of the Commission in the person's capacity as such a customer; or (b) might enable the identity and affairs of any such person in that capacity to be ascertained. (2) Subsection (1) does not apply where disclosure of the information — (a) is required by some other written law; or (b) is authorised by the customer. (3) In this section — Commission includes the State Government Insurance Office established by the State Government Insurance Office Act 1938 2 and the Motor Vehicle Insurance Trust constituted by the Motor Vehicle (Third Party Insurance) Act 1943; customer means a person who is or may become a current or former insured party of, or a claimant against, the Commission and an agent, broker or attorney appointed or engaged by the Commission. [Section 10B inserted: No. 45 of 1996 s. 12.] Division 3 — Staff of the Commission 11. Managing director (1) There shall be an office of managing director of the Commission. (2) The managing director shall be the chief executive officer of the Commission and shall, subject to the control of the board, administer the day to day operations of the Commission. (3) The managing director shall be appointed by the Governor on the nomination of the Minister. (4) Subject to subsections (6) and (7) the managing director shall hold office for such period, not exceeding 5 years, as is specified in the instrument appointing him and is eligible for reappointment. (5) Subject to the Salaries and Allowances Act 1975, the remuneration and allowances payable to, and the conditions of service of, the managing director shall be such as are determined by the Minister on the recommendation of the Public Sector Commissioner. (6) The managing director may resign his office by notice in writing delivered to the Minister. (7) The managing director may be removed from office by the Governor for any reason mentioned in clause 2(4) of Schedule 1. (8) The Minister may appoint a person to act in place of the managing director during any period when he is absent or unable to carry out his duties. [Section 11 amended: No. 39 of 2010 s. 89.] 12. Appointment of staff and consultants (1) The Commission may appoint such officers and employees, either full‑time or part‑time, as the board considers necessary to enable the Commission to carry out its functions. (2) Subject to any relevant order, award or agreement under the Industrial Relations Act 1979, the Commission may determine the remuneration and other terms and conditions of service of its officers and employees. (3) The Commission may from time to time classify the positions to be held by officers and employees of the Commission and define the duties to be performed by the respective holders of those positions. (4) The Commission may engage under contract for services such professional and technical or other assistance as the board considers necessary to enable the Commission to carry out its functions. [Section 12 amended: No. 45 of 1996 s. 13.] 12A. Status of managing director and officers and employees of Commission Notwithstanding anything in this Division, to the extent that there is in the case of a person who is appointed under — (a) section 11 to be the managing director; or (b) section 12 to be an officer or employee of the Commission, and who is a member of the Senior Executive Service within the meaning of the Public Sector Management Act 1994 3 an inconsistency between this Act and that Act that Act shall prevail. [Section 12A inserted: No. 113 of 1987 s. 32.] 13. Use of staff and facilities of departments and instrumentalities (1) The Commission may, by arrangement made between the board of commissioners and the Minister concerned, and on such terms and conditions as may be mutually arranged with that Minister and, if appropriate, with the relevant employing authority within the meaning of the Public Sector Management Act 1994, make use, either full‑time or part‑time, of — (a) the services of any officer or employee employed in the Public Service of the State or in a State instrumentality or otherwise in the service of the Crown in the right of the State; or (b) any facilities of a department of the Public Service of the State or of a State instrumentality. (2) Any such arrangement shall provide for an agreed amount by way of payment for the use of the services or facilities. [Section 13 amended: No. 32 of 1994 s. 19.] 13A. Use of staff and facilities of insurer The Commission may arrange to make use, either full‑time or part‑time, of — (a) the services of any employee of an insurer; or (b) any services or facilities of an insurer, on such terms and conditions (including payment) as may be mutually arranged by the board of commissioners with that insurer. [Section 13A inserted: No. 49 of 1992 s. 28.] 14. Superannuation (1) The Commission may grant, or make provision for the grant of, pensions, gratuities and retirement benefits to its officers and employees and, for that purpose may establish, manage and control, or enter into an arrangement with an insurer or other person for the establishment, management and control by that insurer or other person either alone or jointly with the Commission of, any fund or scheme for the purpose of providing for such pensions, gratuities and benefits. (2) The Commission may make contributions to any fund or scheme referred to in subsection (1). (3) In subsection (1) officers and employees includes — (a) dependants of officers and employees; and (b) former officers and employees and their dependants. [Section 14 amended: No. 49 of 1992 s. 28.] Division 3A — Strategic development plan and statement of corporate intent [Heading inserted: No. 28 of 2006 s. 425.] 14A. Duty to observe policy instruments The Commission is to perform its functions in accordance with its strategic development plan and its statement of corporate intent as existing from time to time. [Section 14A inserted: No. 28 of 2006 s. 425.] 14B. Strategic development plan and statement of corporate intent (1) The board of commissioners must, at the prescribed times, prepare and submit to the Minister — (a) a strategic development plan for the Commission; and (b) a statement of corporate intent for the Commission. (2) The regulations may make provision for the following — (a) the manner and form in which the board of commissioners is to prepare, submit, revise or modify a strategic development plan or statement of corporate intent; (b) the period a strategic development plan or statement of corporate intent is to cover; (c) the matters to be set out in a strategic development plan or statement of corporate intent; (d) the functions of the board of commissioners, the Minister and the Treasurer in relation to the development, approval or modification of a strategic development plan or statement of corporate intent; (e) the operation of a strategic development plan or statement of corporate intent. (3) If a regulation referred to in subsection (2) enables the Minister to give directions to the board of commissioners, the Minister must cause a copy of a direction given under the regulation to be laid before each House of Parliament or be dealt with in accordance with section 14C — (a) within 14 days after the direction is given; or (b) if the direction is the subject of a notice under section 17 of the Statutory Corporations (Liability of Directors) Act 1996, within 14 days after it is confirmed under that section. (4) Regulations referred to in subsection (2) are not to be made except with the Treasurer's concurrence. [Section 14B inserted: No. 28 of 2006 s. 425.] 14C. Laying directions about strategic development plan or statement of corporate intent before Parliament (1) If — (a) a House of Parliament is not sitting at the commencement of the applicable period referred to in section 14B(3) in respect of a direction; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (2) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (3) The laying of a copy of a direction that is regarded as having occurred under subsection (2) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. (4) The text of a direction referred to in section 14B(3) is to be included in the annual report submitted by the accountable authority of the Commission under Part 5 of the Financial Management Act 2006. [Section 14C inserted: No. 28 of 2006 s. 425; amended: No. 77 of 2006 Sch. 1 cl. 91(2).] Division 4 — Financial provisions relating to the Commission Subdivision A — Income, expenditure and property of the Commission 15. Moneys available to Commission (1) Subject to this Act the Commission shall be responsible for managing its own finances. (2) The moneys available to the Commission for the purposes of this Act are — (a) moneys from time to time appropriated by Parliament for the purpose; and (b) moneys received by the Commission, pursuant to any written law, by way of premiums, charges, fees, interest or payment for services; and (ba) contributions credited to the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund as required under the Workers Compensation and Injury Management Act 2023 Part 5 Division 11; and (bb) any amount credited to the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund under the Workers Compensation and Injury Management Act 2023 section 301; and (c) moneys derived from the disposal of or dealing with real or personal property vested in or acquired by the Commission, or derived as the income of investment by the Commission or otherwise in the exercise of its functions; and [(d) deleted] (e) moneys borrowed under this Act, or lent to the Commission under any other written law, or derived from financial accommodation entered into under and subject to this Act; and (f) such moneys as may be advanced by the Treasurer in any case where the moneys otherwise standing to the credit of any of the Funds would be insufficient; and (g) any other moneys lawfully received by the Commission. [Section 15 amended: No. 45 of 1996 s. 14; No. 21 of 2023 s. 644.] 16. Establishment and composition of Funds (1) The Commission shall establish, maintain and administer the following funds, namely — (a) a fund to be called the "Third Party Insurance Fund"; and (b) a fund to be called the "Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund"; and (c) a fund to be called the "Compensation (Industrial Diseases) Fund"; and (d) a fund to be called the "Government Insurance Fund"; and (e) a fund to be called the "Insurance Commission General Fund". (1a) The Commission may establish, maintain and administer a fund for the purposes of an arrangement managed and administered by the Commission for the insurance and risk management of eligible community organisations. (2) The Third Party Insurance Fund shall consist of — (a) moneys appropriated for, or derived from or in connection with, the Commission's functions under section 6(a) or its functions under section 6(e) in so far as they relate to personal injury and accidental death; and (b) other property received or acquired by the Commission in connection with the Commission's functions referred to in paragraph (a); and (c) moneys or other property credited, apportioned or transferred to that Fund under section 17 or 18, and, subject to section 18, may be applied for the purpose of carrying out the Commission's functions referred to in paragraph (a) and for that purpose only. (3) The Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund shall consist of — (a) moneys appropriated for, or derived from or in connection with, the Commission's functions under section 6(aa) or its functions under section 6(e) in so far as they relate to personal injury; and (b) other property received or acquired by the Commission in connection with the Commission's functions referred to in paragraph (a); and (c) moneys or other property credited, apportioned or transferred to that Fund under section 17 or 18, and, subject to section 18, may be applied for the purpose of carrying out the Commission's functions referred to in paragraph (a) and for that purpose only. (4) The Compensation (Industrial Diseases) Fund shall consist of — (a) moneys appropriated for, or derived from or in connection with, the Commission's functions under section 6(b) or its functions under section 6(e) in so far as they relate to industrial diseases; and (b) other property received or acquired by the Commission in connection with the Commission's functions referred to in paragraph (a); and (c) moneys or other property credited, apportioned or transferred to that Fund under section 17 or 18, and, subject to section 18, may be applied for the purpose of carrying out the Commission's functions referred to in paragraph (a) and for that purpose only. (5) The Government Insurance Fund shall consist of — (a) moneys appropriated for, or derived from or in connection with, the Commission's functions under section 6(c) other than moneys in a fund established under section 7(4)(a) or the subject of a trust of which the Commission is a trustee under section 7(4)(c); and (b) other property received or acquired by the Commission in connection with the Commission's functions under section 6(c); and (c) moneys or other property credited, apportioned or transferred to that Fund by the Commission under section 17 or 18, and, subject to section 18, may be applied for the purpose of carrying out the Commission's functions under section 6(c) and for that purpose only. (5a) A fund established under subsection (1a) shall consist of — (a) moneys appropriated for, or derived from or in connection with, the Commission's functions under section 6(ca), other than moneys that are the subject of a trust of which the Commission is a trustee under section 7(4)(c); and (b) other property received or acquired by the Commission in connection with the Commission's functions under section 6(ca); and (c) moneys or other property credited, apportioned or transferred to the fund by the Commission under section 17 or 18. (6) The Insurance Commission General Fund shall consist of — (a) moneys available to the Commission that are not required to be credited to any other Commission account; and (b) other property of the Commission that does not form part of any other Commission account; and (c) any moneys or other property credited, apportioned or transferred to that Fund under section 17 or 18, and, subject to section 18 may be applied for the purpose of carrying out the functions of the Commission under section 6(d), (f) and (h), and for the general administration of this Act, and for those purposes only. (7) One or more accounts are to be established in respect of each Fund — (a) as agency special purpose accounts under section 16 of the Financial Management Act 2006; or (b) with the approval of the Treasurer under section 7(2)(c), at a bank (as defined in section 3 of the Financial Management Act 2006) or banks. (8) One account may be established under subsection (7) in respect of 2 or more Funds. [Section 16 amended: No. 45 of 1996 s. 15; No. 49 of 1996 s. 64; No. 34 of 2002 s. 8; No. 77 of 2006 Sch. 1 cl. 91(3) and (4); No. 8 of 2009 s. 79(3); No. 8 of 2016 s. 41; No. 21 of 2023 s. 645.] 17. Apportionment of income, expenditure and assets (1) Where money received or receivable or expenditure incurred by the Commission relates to the Commission's operations in relation to 2 or more Funds the receipts or payments in respect of that income or expenditure shall be apportioned by the Commission to the relevant Funds in such proportions as the board of commissioners thinks fit. (2) Where property (other than money) received or acquired by the Commission relates to the Commission's operations in relation to 2 or more Funds the value of that property shall be apportioned by the Commission to the relevant Funds in such proportions as the board of commissioners thinks fit. (3) Where moneys are appropriated by Parliament for the purposes of functions of the Commission, those moneys shall, subject to the terms of the appropriation Act, be credited by the Commission — (a) to such Commission account; or (b) to such Commission accounts in such proportions, as the board of commissioners thinks fit. [Section 17 amended: No. 45 of 1996 s. 16.] 18. Transfer between Funds (1) The Commission may temporarily transfer moneys or other property from one Fund to another Fund subject to appropriate adjustments being made at intervals not exceeding 12 months. (2) Where the financial statements prepared under the Financial Management Act 2006 in respect of the Third Party Insurance Fund, the Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund, the Government Insurance Fund, the Insurance Commission General Fund or a fund established under section 16(1a) indicate that there is a surplus in that Fund the Commission, with the approval of the Treasurer, may transfer the amount, or a portion of the amount, of that surplus to — (a) another of the Funds; or (b) the Consolidated Account; or (c) any other fund or account. [(3) deleted] (4) Subject to this section no moneys or other property shall be transferred from a Fund to another Fund. (5) In this section surplus means any amount standing to the credit of a Fund which, in the opinion of the Treasurer, is in excess of that required as adequate provision for actual and contingent liabilities and the operating and other expenses of the Fund. [Section 18 amended: No. 6 of 1993 s. 11; No. 34 of 2002 s. 9; No. 77 of 2006 s. 4 and Sch. 1 cl. 91(5); No. 47 of 2011 s. 6; No. 8 of 2016 s. 42; No. 21 of 2023 s. 646.] Subdivision Aa — Investment and property management [Heading inserted: No. 45 of 1996 s. 17.] 19. Arrangements for appointment of investment managers (1) The Commission may, with the written approval of the Treasurer, arrange for a person to invest or manage moneys or other property under the control of the Commission on such terms and conditions (including payment) as may be mutually arranged by the board of commissioners with that person. (2) The Commission is not to make an arrangement with a person under subsection (1) unless the board of commissioners considers that the person is suitably qualified to perform the functions required under the arrangement. (3) The Commission is to ensure that expressions of interest are invited from persons who are believed by the board of commissioners to be suitably qualified before an arrangement is made under subsection (1). [Section 19 inserted: No. 45 of 1996 s. 17.] 19A. Investment policy (1) A person performing a function relating to the investment or management of moneys or other property under the control of the Commission shall observe such prudential requirements as to investment policy as the Treasurer may impose. (2) Subsection (1) applies to — (a) the Commission performing its functions under section 6(g); and (b) a person performing a function under an arrangement under section 19(1). [Section 19A inserted: No. 45 of 1996 s. 17.] Subdivision B — Financial administration, audit and reporting 20. Application of Financial Management Act 2006 and Auditor General Act 2006 to Commission The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Commission and its operations. [Section 20 amended: No. 77 of 2006 Sch. 1 cl. 91(6).] 21. Provisions and reserves The Commission may, in its accounting records, establish and operate provisions for actual and contingent liabilities, reserve accounts and reserve funds for such purposes and within such limits as the Treasurer approves. 22. Accounts The Commission shall cause separate and distinct accounts to be kept and maintained under the Financial Management Act 2006 in respect of each Commission account. [Section 22 amended: No. 45 of 1996 s. 18; No. 77 of 2006 Sch. 1 cl. 91(7).] 23. Annual reports, financial statements The Commission shall, if so directed by the Treasurer — (a) cause a separate and distinct annual report to be prepared and submitted under Part 5 of the Financial Management Act 2006, in respect of a Commission account; or (b) cause separate and distinct financial statements referred to in section 61(1)(a) of the Financial Management Act 2006 to be prepared in respect of a Commission account for inclusion in the Commission's annual report under Part 5 of that Act. [Section 23 inserted: No. 45 of 1996 s. 19; amended: No. 77 of 2006 Sch. 1 cl. 91(8) and (9).] Subdivision C — Borrowing and financial accommodation 24. Power to borrow etc., generally (1) Subject to this Act, the Commission may, with the approval of the Treasurer — (a) borrow, or re‑borrow, moneys; or (b) obtain credit; or (c) arrange for financial accommodation to be extended to the Commission in ways additional to or other than borrowing moneys or obtaining credit, for the purpose of performing its functions. (2) Any moneys borrowed by, credit obtained by, or financial accommodation extended to the Commission under this section may be raised or entered into, either in Australia or elsewhere, as one loan or transaction or as several loans or transactions. 25. Power to make provision to pay off loans For the purpose of making provision to pay off either the whole or any part of the moneys comprised in a loan raised by the Commission, the Commission may, with the approval of the Treasurer, convert or re‑negotiate that loan or otherwise borrow moneys in accordance with this Act before the loan or that part of it becomes repayable. 26. Borrowing power, from Treasury sources The Commission may borrow from the Treasurer such amounts as the Treasurer approves, on such conditions as to repayment, payment of interest or any other matter, as the Treasurer imposes. 27. Specific State guarantees (1) The Treasurer on behalf of the State may guarantee the performance by the Commission, in the State or elsewhere, of any obligation of the Commission, however or wherever arising, entered into or to be entered into by the Commission. (2) An instrument of guarantee given pursuant to subsection (1) shall be executed by — (a) the Treasurer; or (b) a person authorised — (i) by the Treasurer in writing; or (ii) by operation of law. (3) The liability of the State pursuant to a guarantee under this section shall not be affected or discharged by the granting to the Commission of any time or other indulgence or consideration, or by reason of any transaction that may take place between the Commission and any person having the benefit of the guarantee, or by any other act or omission of the person having the benefit of the guarantee, whereby the liability of the State as guarantor would but for this provision have been affected or discharged. (4) The due performance of a guarantee given by the Treasurer on behalf of the State under the authority of this Act is hereby authorised, and the due payment of moneys payable thereunder with all interest thereon shall be charged to the Consolidated Account which is hereby to the extent necessary appropriated accordingly, and any sums received or recovered by the Treasurer from the Commission or otherwise in respect of payment so charged shall be credited to the Consolidated Account. (5) By virtue of this subsection any sum paid by the Treasurer under any guarantee given by him on behalf of the State under this Act, and any obligation of the Commission arising pursuant to an advance made under section 26 constitutes a floating charge upon the revenue and assets of the Commission, and such revenue and those assets are charged with the performance and observance by the Commission of the terms and the conditions which the Treasurer may have imposed or approved in relation to that guarantee or that advance. [Section 27 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 77 of 2006 s. 4.] Subdivision D — Dividends to State [Heading inserted: No. 7 of 2013 s. 4.] 28. Interim dividend (1) Not later than the last day of February in each financial year, the Commission must give the Minister a written report that — (a) sets out a forecast of the Commission's net profits for that financial year, prepared in accordance with generally accepted accounting practice; and (b) states any factors or circumstances that the Commission has taken into account in accordance with subsection (2) in preparing the forecast and the report's recommendation; and (c) recommends — (i) whether the Commission should pay the State an interim dividend for that financial year; and (ii) the amount of the interim dividend (if any). (2) The profit forecast and recommendation may take into account any factors or circumstances that in the Commission's opinion may have a material effect on the Commission's financial position (either positively or negatively) as at the end of that financial year. (3) On receiving a report under subsection (1), the Minister must — (a) with the Treasurer's concurrence, either — (i) accept the report's recommendation on the amount of the interim dividend; or (ii) after consulting the Commission, reject the report's recommendation and fix a different amount (which may be a nil amount) as the amount of the interim dividend; and (b) notify the Commission of the Minister's decision and the amount of the interim dividend (if any) payable by the Commission. (4) On receiving a notice under subsection (3)(b), the Commission must pay to the State the amount of the interim dividend (if any) notified to the Commission — (a) as soon as practicable; but (b) in any event before the end of the financial year concerned. [Section 28 inserted: No. 7 of 2013 s. 4.] 29. Annual dividend (1) A dividend under this section must be calculated with respect to the Commission's net profits for a financial year, after first taking into account — (a) any amount paid or payable to the Treasurer under the State Enterprises (Commonwealth Tax Equivalents) Act 1996 for the year; and (b) the amount of any interim dividend for the year paid or payable under section 28. (2) As soon as practicable after the end of each financial year, the Commission must give the Minister a written report that recommends — (a) whether the Commission should pay the State a dividend for that financial year; and (b) the amount of the dividend (if any). (3) On receiving a report under subsection (2), the Minister must — (a) with the Treasurer's concurrence, either — (i) accept the report's recommendation on the amount of the dividend; or (ii) after consulting the Commission, reject the report's recommendation and fix a different amount (which may be a nil amount) as the amount of the dividend; and (b) notify the Commission of the Minister's decision and the amount of the dividend (if any) payable by the Commission. (4) On receiving a notice under subsection (3)(b), the Commission must pay to the State the amount of the dividend (if any) notified to the Commission — (a) as soon as practicable; but (b) in any event not later than — (i) 6 months after the end of the financial year concerned; or (ii) any later time agreed on by the Treasurer and the Commission. [Section 29 inserted: No. 7 of 2013 s. 4.] 30. Provisions for s. 28 and 29 (1) The accountable authority of the Commission under the Financial Management Act 2006 must include the text of each notice given under section 28(3)(b) or 29(3)(b) in relation to a financial year in the annual report for that year submitted under Part 5 of that Act. (2) If under section 28(3)(b) or 29(3)(b) the Minister notifies the Commission that the Minister rejects a report's recommendation and fixes a different amount (other than a nil amount) as the amount of the interim dividend or dividend payable by the Commission, that notification is to be taken to be a direction by the Minister to the Commission for the purposes of the Statutory Corporations (Liability of Directors) Act 1996, and that Act applies accordingly. (3) Any interim dividend or dividend paid under section 28 or 29 must be credited to the Consolidated Account. [Section 30 inserted: No. 7 of 2013 s. 4.] 31. Transitional provisions for Insurance Commission of Western Australia Amendment Act 2013: interim dividends (1) Section 28 applies in respect of the financial year in which the Insurance Commission of Western Australia Amendment Act 2013 section 4 comes into operation and subsequent financial years, subject to subsections (2) and (3). (2) If the Insurance Commission of Western Australia Amendment Act 2013 section 4 comes into operation on or after 1 March and before the close of 30 June in a financial year, section 28 applies in respect of that financial year with the following modifications — (a) the Commission must give the Minister the report referred to in section 28(1) not later than 14 days after section 4 of that Act comes into operation; (b) the Minister must notify the Commission in accordance with section 28(3)(b) as soon as practicable after receiving that report; (c) the Commission must pay to the State the amount of the interim dividend (if any) notified to the Commission in accordance with section 28(3)(b) — (i) as soon as practicable; but (ii) in any event not later than a date determined by the Treasurer and notified to the Commission. (3) If the Insurance Commission of Western Australia Amendment Act 2013 section 4 comes into operation on or after 1 July and before 1 September in a financial year, section 28 also applies in respect of the previous financial year with the following modifications — (a) the Commission must give the Minister the report referred to in section 28(1) not later than 14 days after section 4 of that Act comes into operation; (b) the Minister must notify the Commission in accordance with section 28(3)(b) as soon as practicable after receiving that report; (c) the Commission must pay to the State the amount of the interim dividend (if any) notified to the Commission in accordance with section 28(3)(b) — (i) as soon as practicable; but (ii) in any event not later than a date determined by the Treasurer and notified to the Commission. [Section 31 inserted: No. 7 of 2013 s. 4.] 32. Transitional provisions for Insurance Commission of Western Australia Amendment Act 2013: annual dividends (1) Section 29 applies in respect of the financial year immediately before the financial year in which the Insurance Commission of Western Australia Amendment Act 2013 section 4 comes into operation, the financial year in which section 4 of that Act comes into operation, and subsequent financial years, subject to subsections (2) and (3). (2) If the Insurance Commission of Western Australia Amendment Act 2013 section 4 comes into operation on or after 1 September and before the close of 30 June in a financial year (the current financial year), sections 29 and 30(1) apply in respect of the previous financial year with the following modifications — (a) the Commission must give the Minister the report referred to in section 29(2) as soon as practicable after section 4 of that Act comes into operation; (b) on receiving a notice under section 29(3)(b) in respect of that report, the Commission must pay to the State the amount of the dividend (if any) notified to the Commission — (i) as soon as practicable; but (ii) in any event not later than a date determined by the Treasurer and notified to the Commission; (c) the accountable authority of the Commission under the Financial Management Act 2006 must include the text of the notice referred to in paragraph (b) in the annual report for the current financial year submitted under Part 5 of that Act. (3) If the Insurance Commission of Western Australia Amendment Act 2013 section 4 comes into operation before 1 July 2013, section 29 applies only in respect of the financial year ending on 30 June 2013 and subsequent financial years. [Section 32 inserted: No. 7 of 2013 s. 4.] [Part III: s. 33 deleted: No. 49 of 1992 s. 28; s. 34‑41 deleted: No. 45 of 1996 s. 20.] Part IV — General 42. Secrecy (1) A person to whom this section applies shall not, either directly or indirectly, except in the performance of a function or duty under or in connection with this or any other written law or as required by any other legal duty — (a) make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by him by reason of his office or employment under or for the purposes of this Act; or (b) produce to any person any document relating to the affairs of another person furnished for the purposes of this Act. Penalty: $2 500. (2) This section applies to every person who is or has been a commissioner or alternate commissioner, is or has been an officer or employee of the Commission, or is rendering, or has rendered services to the Commission under section 12, 13 or 13A. [Section 42 amended: No. 49 of 1992 s. 28; No. 45 of 1996 s. 21.] 43. Execution of documents and entry into contracts (1) A document is duly executed by the Commission if — (a) it is sealed with the seal of the Commission in accordance with the regulations; or (b) it is executed on behalf of the commission by a person empowered to do so under subsection (4). (2) A document purporting to be executed in accordance with this section shall be presumed to be duly executed until the contrary is shown. (3) Where a document is produced bearing a seal purporting to be the common seal of the Commission it shall be presumed that the seal is the common seal of the Commission until the contrary is shown. (4) The Commission may, by writing under its common seal, empower a commissioner, officer, employee or other person, either generally or in respect of a specified matter, or specified matters, to execute deeds on its behalf, and a deed executed by such a person on behalf of the Commission binds the Commission and has the same effect as if it were under the common seal of the Commission. (5) The authority of a person empowered by the Commission under subsection (4) shall be deemed as between the Commission and a person dealing with him, to have continued during the period (if any) specified in the instrument conferring his authority or, if no period is so specified, until notice of the revocation or termination of his authority was given to the person dealing with him. (6) Insofar as the formalities of making, varying or discharging a contract are concerned a person acting under the express or implied authority of the Commission may make, vary or discharge a contract in the name of or on behalf of the Commission in the same manner as if the Commission were a natural person. (7) The making, varying or discharging of a contract in accordance with subsection (6) is effectual in law and binds the Commission and other parties to the contract. (8) Subsection (6) does not prevent the Commission from making, varying or discharging a contract under its common seal. [Section 43 amended: No. 45 of 1996 s. 22; correction to reprint in Gazette 4 Aug 2015 p. 3135.] [44. Deleted: No. 21 of 2023 s. 647.] 45. Regulations (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) Without limiting subsection (1), regulations may provide for the use of the common seal of the Commission in Western Australia and elsewhere. [Section 45 amended: No. 45 of 1996 s. 24.] Part V — Repeal, amendments, saving, validation and transitional 46. Repeal and amendments (1) The State Government Insurance Office Act 1938 is hereby repealed. [(2) Omitted under the Reprints Act 1984 s. 7(4)(e).] 47. Saving, validation and transitional provisions Schedule 4 shall have effect. 48. Oversight by Public Accounts Committee (1) The Public Accounts Committee, for the time being, of the Legislative Assembly shall oversee the conduct and management of the affairs of the Commission and the Corporation to the extent necessary to determine and report whether the Commission and the Corporation receive any improper or unfair advantage or preference over their competitors in the insurance industry. (2) The Terms of Reference of the Public Accounts Committee in relation to its function under subsection (1) shall be as agreed to by both Houses of Parliament. 49. Transitional The Motor Vehicle and Workplace Accidents (Catastrophic Injuries) Fund is a continuation of the Motor Vehicle (Catastrophic Injuries) Fund established and maintained under section 16(1)(b) before the day on which the Workers Compensation and Injury Management Act 2023 section 648 comes into operation. [Section 49 inserted: No. 21 of 2023 s. 648.] Schedule 1 — Provisions as to commissioners [s. 5(4)] [Heading amended: No. 19 of 2010 s. 4.] 1. Terms used In this Schedule — board means the board of commissioners of the Commission; ordinary commissioner means a commissioner other than the managing director, and includes the chairman and the deputy chairman of the board of commissioners. 2. Commissioners — terms and vacation of office (1) Subject to subclauses (2), (3) and (4), an ordinary commissioner shall hold office for such period, not exceeding 3 years, as is specified in the instrument appointing him as a commissioner, and is eligible for reappointment. (2) An ordinary commissioner, unless he sooner resigns or is removed from office, shall continue in office until his successor comes into office, notwithstanding that the period for which he was appointed may have expired. (3) An ordinary commissioner may resign his office by notice in writing delivered to the Minister. (4) An ordinary commissioner may be removed from office by the Governor — (a) for mental or physical disability, incompetence, neglect of duty or misconduct proved to the satisfaction of the Governor; or (b) if he is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or (c) if he is absent without leave of the board from 3 consecutive meetings of the board of which he has had notice. (5) An ordinary commissioner shall carry out his duties on a part‑time basis unless there is any requirement to the contrary in the instrument appointing him as a commissioner or as chairman or deputy chairman of the board. [Clause 2 amended: No. 18 of 2009 s. 47(2).] 3. Alternate commissioners (1) Where an ordinary commissioner, is unable to act by reason of sickness, absence or other cause, the Minister may appoint another person to act temporarily in his place, and while so acting according to the tenor of his appointment that other person is deemed to be a commissioner. (2) Except where there is a person acting in his place pursuant to section 11(8), the managing director may, in writing delivered to the chairman of the board, nominate a senior officer of the Commission to represent him at any meeting of the board which he is unable to attend by reason of sickness, absence or other cause, and while so attending the person so nominated is deemed to be a commissioner. (3) No act or omission of a person acting in place of another under this clause shall be questioned on the ground that the occasion for his appointment or acting had not arisen or had ceased. 4. Chairman and deputy chairman — term and vacation of office (1) Subject to subclauses (2) and (3) the chairman or deputy chairman of the board shall hold office as chairman or deputy chairman for such period not exceeding 3 years as is specified in the instrument appointing him as chairman or deputy chairman, as the case may be, and is eligible for reappointment. (2) The office of the chairman or deputy chairman of the board becomes vacant if he ceases to be a commissioner. (3) The chairman or deputy chairman of the board may resign his office as chairman or deputy chairman by notice in writing delivered to the Minister. 5. Disclosure of pecuniary interests (1) A commissioner who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the board. (2) A disclosure under subclause (1) shall be recorded in the minutes of the meeting of the board and the commissioner shall not, unless the board otherwise determines — (a) be present during any deliberation of the board with respect to that matter; or (b) take part in any decision of the board with respect to that matter. (3) For the purpose of the making of a determination by the board under subclause (2) in relation to a commissioner who has made a disclosure under subclause (1), a commissioner who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not — (a) be present during any deliberation of the board for the purpose of making the determination; or (b) take part in the making by the board of the determination. 6. Meetings (1) The first meeting of the board shall be convened by the chairman of the board and thereafter, subject to subclause (2), meetings shall be held at such times and places as the board determines. (2) A special meeting of the board may at any time be convened by the chairman of the board. (3) The chairman of the board shall preside at all meetings of the board at which he is present. (4) If the chairman of the board is absent from a meeting the deputy chairman of the board shall, if present, preside at the meeting. (5) If the chairman and the deputy chairman of the board are both absent from a meeting the commissioners present shall appoint one of their number to preside. (6) At any meeting of the board 3 commissioners constitute a quorum. (7) At any meeting of the board the person presiding shall have a deliberative vote, and in the case of an equality of votes, shall also have a casting vote. [Clause 6 amended: No. 45 of 1996 s. 26(a).] 6A. Telephone and video meetings Despite anything in this Schedule, a communication between commissioners constituting a quorum under clause 6(6) by telephone or audio‑visual means is a valid meeting of the board, but only if each participating commissioner is capable of communicating with every other participating commissioner instantaneously at all times during the proceedings. [Clause 6A amended: No. 45 of 1996 s. 26(b).] 7. Committees (1) The board may from time to time, by resolution, appoint committees of such commissioners, or such commissioners and other persons, as it thinks fit and may discharge, alter, continue or reconstitute any committee so appointed. (2) Subject to the directions of the board and to the terms of any delegation under section 9, each committee may determine its own procedures. (3) Clause 6A applies, with such modifications as are necessary, in relation to a committee. [Clause 7 amended: No. 45 of 1996 s. 26(c).] 8. Resolution may be passed without meeting (1) If a document containing a statement to the effect that an act, matter or thing has been done or resolution has been passed is sent or given to all commissioners and is assented to by not less than 3 commissioners that act, matter, thing or resolution is to be taken as having been done at or passed by a meeting of the board. (2) For the purposes of subclause (1) — (a) the meeting is to be taken as having been held — (i) if the commissioners assented to the document on the same day, on the day on which the document was assented to and at the time at which the document was last assented to by a commissioner; or (ii) if the commissioners assented to the document on different days, on the day on which, and at the time at which, the document was last assented to by a commissioner; and (b) 2 or more separate documents in identical terms each of which is assented to by one or more commissioners are to be taken to constitute one document; and (c) a commissioner may signify assent to a document by signing the document or by notifying the Commission of the commissioner's assent in person or by post, facsimile transmission, telephone or other method of written, audio or audio‑visual communication. (3) Where a commissioner signifies assent to a document otherwise than by signing the document, the commissioner must by way of confirmation sign the document at the next meeting of the board attended by that commissioner, but failure to do so does not invalidate the act, matter, thing or resolution to which the document relates. (4) Where a document is assented to in accordance with subclause (1), the document is to be taken as a minute of a meeting of the board. [Clause 8 amended: No. 45 of 1996 s. 26(d).] 8A. Minutes of meetings etc. The board is to ensure that an accurate record is kept and preserved of the proceedings at each meeting of the board and of each resolution passed under clause 8. [Clause 8A amended: No. 45 of 1996 s. 26(d).] 9. Leave of absence The board may grant leave of absence to a commissioner on such terms and conditions as it thinks fit. 10. Board to determine own procedures Subject to this Act, the board shall determine its own procedures. 11. Protection of commissioners (1) A commissioner is not personally liable for any act done or omitted to be done in good faith by the Commission, the board, a committee of the board or a delegate of the Commission or by him acting as a commissioner. (2) Subclause (1) has effect subject to the Statutory Corporations (Liability of Directors) Act 1996. [Clause 11 amended: No. 41 of 1996 s. 3.] [Schedule 2 deleted: No. 45 of 1996 s. 27.] [Schedule 3 omitted under the Reprints Act 1984 s. 7(4)(e).] Schedule 4 — Saving, validation and trans