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Home building compensation disputes

If you’re a builder not satisfied with the decision regarding your eligibility outcome, or a home owner not satisfied with the decision regarding your claim outcome, you have a right to request a review.

For builders

Under the market practice guidelines icare hbcf and its scheme agents are required to have internal complaints and dispute handling procedures in place.

If you are not satisfied with a decision about your eligibility, you can ask your broker to arrange a review by the scheme agent (i.e. QBE or Residential Builders Underwriting Agency) through their internal underwriting committee.

If you are still not satisfied with the decision of the scheme agent’s underwriting committee, you can ask your broker to escalate a dispute to the icare hbcf’s underwriting committee.

The underwriting committee will consider your submissions and make a recommendation to icare hbcf’s General Manager. Your broker will inform you of the decision.

The decision of icare hbcf is final, however, you have an option to lodge a complaint with us if your matter was not handled in accordance with the market practice guidelines

For home owners

Insurers are required to have an effective internal complaint handling process in place.

If you are not satisfied with a decision on a claim by your insurance agent, you are entitled to request a review of the decision by the insurance agent.

If the matter is not resolved, you can then request that it be escalated to the insurance agent’s claims committee and potentially to the icare claims committee.

You also have a right of appeal to the NSW Civil & Administrative Tribunal (NCAT) (or the District Court where the amount involved exceeds the tribunal’s $500,000 jurisdictional limit).

We can only investigate a complaint against an insurer approved under the Home Building Act 1989 to provide insurance under the Home Building Compensation Fund in NSW, if they fail to comply with legal requirements or conditions of approval to operate in the market of insurance under the fund (including the market practice guidelines, claims handling guidelines (or any other condition imposed by the Minister).