In QBE Insurance (Australia) Limited v NSW Self Insurance
Corporation [2013] NSWSC 1841, His Honour Justice Hammerschlag
has considered whether the Self Insurance Corporation
(SICorp) is an insurer. QBE argued that SICorp is
an insurer, and should have been equally liable to make
contributions, pursuant to the principles of double insurance,
where QBE indemnified the NSW Police Force for a workplace motor
vehicle accident.
His Honour found that SICorp is not an insurer, notwithstanding
that it administers a Treasury Managed Fund (TMF)
which is "replete with insurance terms". There is no
contract between any relevant agency and SICorp. His Honour found
that there was no or no sufficient community of interest between
QBE and SICorp to engage the principles of contribution. His Honour
noted that TMF has no separate legal existence, it is simply money
that belongs to the state and is managed by SICorp. The premiums
come out of and go back into consolidated revenue as
