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Guidelines

The Emergency Services Levy Insurance Monitor (Insurance Monitor) has issued guidelines on prohibited conduct under the Emergency Services Levy Insurance Monitor Act 2016 (the Act).

Under section 21 of the  Act, the Insurance Monitor has the ability to issue guidelines to insurers about when conduct may be regarded as constituting prohibited conduct.

Two separate guidelines have been issued (on 14 July 2017):

  1. Guidelines on the prohibition against price exploitation, and
     
  2. Guidelines on the prohibition on engaging in false or misleading conduct in relation to the emergency services levy reform.  

 

Two additional draft guidelines have been released for consultation (on 16 November 2017).

  1. Guidelines on the use of enforceable undertakings
     
  2. Guidelines on over-collection of ESL (including refund undertakings)

Comments on the draft guidelines are to be sent to the Insurance Monitor at: industry@eslinsurancemonitor.nsw.gov.au by 4pm of 1 December 2017

The Guidelines provide advice on how to avoid contravening the Act. Substantial penalties exist for contravention of the Act, including penalties of up to $10 million for a body corporate and $500,000 for an individual.


Issued Guidelines effective:14 July 2017, and replace any previous Guidelines issued.

  • 16 November 2017
    Draft Guidelines on: 1. the use of Enforceable Undertakings and 2. Over-collection of ESL with comments due by 1 December 2017.
     
  • 14 July 2017
    New Guidelines issues on the prohibition against price exploitation and the prohibition on engaging in false or misleading conduct in relation to the emergency services levy reform. 
  • 28 April 2017
    Revised Guidelines on the prohibition against price exploitation issued.
  • 9 September 2016
    Guidelines on the prohibition against price exploitation and Guidelines on false or misleading conduct in relation to the emergency services levy reform (attached above) published in NSW Government Gazette.
     
  • 12 April 2016
    Guidance letter sent to insurance companies [PDF size: 84KB].  

    Response date: 6 May 2016

  • 5 July 201
    Draft guidelines issued: Guidelines on the prohibition against price exploitation and Guidelines on false or misleading conduct in relation to the emergency services levy reform (attached above).

    Response date: 2 August 2016.

  • 2 August 2016
    Deadline for the receipt of submissions on the draft guidelines.
     
  • 9 September 2016
    Finalised Guidelines issued.
     
  • 28 April 2017
    Revised Guidelines on the prohibition against price exploitation issued.

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