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Reference received: 22 February 2016
Pursuant to section 10 of the Law Reform Commission Act 1967, the NSW Law Reform Commission is asked to review and report on section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW), which provides a mechanism enabling third parties to assert and enforce a statutory charge over insurance moneys payable to an insured person in circumstances where the insured's solvency is in question.
The Commission is asked to consider whether the section should be repealed or amended, and in this context consider whether the policy objectives remain valid and, if so, whether those objectives could be better achieved.
In undertaking this review, the Commission should have regard to: