Compulsory Insurance: Proposed Changes to NSW Law

Members would be aware of proposed reforms to NSW laws requiring agencies to have insurance cover for child abuse.

These proposed changes were the subject of the NSW Government’s consultation paper on civil litigation recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse. Submissions for this first round of consultation closed in September.

ACWA is aware of the potential significance of this issue for agencies and, in particular, of concerns raised around the potential impact of access and costs relating to insurance premiums. These issues will impact on the ability of agencies to deliver services.

We understand that the NSW Government will be publishing its preliminary recommendations at the end of December 2017, after which they will hold further consultations with stakeholders.

In anticipation of this second round of consultations, ACWA is urging members to consider the proposed recommended changes in law, the requirement for compulsory insurance and, in particular, if those changes are implemented, how they may affect the services your agency is currently providing.

As a starting point, we encourage agencies to start collating information in respect of:

(i) Their current insurance coverage (scope of coverage and the cost of premiums and the deductible).

(ii) Any enquiries they have made in respect of molestation cover – and if so the feasibility of them being able to afford any molestation cover.

(iii) Information about the level of their current services for example, number of clients, level of funding etc.

ACWA is planning to host a session in the new year in relation to this issue, and will notify members accordingly. In the meantime, if you have any questions please email:


Wendy Foote