Insurance -Workplace Learning - 16/3/2011

1. Insurance -Workplace Learning - 16/3/2011 Prepared by: Bob Fragomeni, State Manager WA

2. Occupational Safety & Health • The Occupational Safety and Health Act 1984 aims to:- • promote and secure the safety and health of people at work, • protect people at work from hazards, • assist in securing a safe and hygienic working environment, • eliminate, reduce and control hazards,

3. Occupational Safety & Health • encourage co-operation and consultation between employers and employees, • Provide for the formulation of policies and for the coordination of the administration of laws relating to occupational safety and health; and • Promote education and awareness of occupational safety and health. Source: section 5, Occupational Safety and Health Act 1984

4. Occupational Safety & Health • Duty of care owed to every student to ensure that a safe learning environment is provided at all times. • If we fail in our duty of care responsibilities, serious consequences may arise. • Schools have insurances in place to deal with some of the consequences.

5. Public Liability insurance SchoolCare i.e. Students Accidental Injury & death Statutory Liability Insurance (optional – check with your school) Standard Policies

6. Why do you need Liability Insurance? • To provide protection against being sued by third parties who feel that they have suffered a loss as a result of your organisation’s negligence

7. What does the policy cover? • The public and products liability policy indemnifies the Insured for its legal liability for claims for Personal Injury, Property Damage and Advertising Liability arising out of an Occurrence caused in connection with the Business.

8. What are some policy benefits? • The definition of ‘the insured’ extends to Bishops, principals, teachers, work experience students & authorised volunteers • The definition of ‘business’ extends to include authorised school activities, including work experience programs • Automatic cover for all authorised school activities – no need to specify events, dates, or locations

9. Exclusions under the policy?The policy contains a number of exclusions, including:- • Libel and slander except from advertising, incidental commentaries or newsletters • Liability assumed under contract • Damage to property owned by the insured • Internet liabilities • Property damage to computer data, programs or storage media • Claims associated with Asbestos • Acts of Terrorism (as defined in the policy)

10. What is not covered under the policy? • This policy does not cover claims arising from a contractual liability – Check agreements before signing • Contractual agreements between the insured and another party bind the insured to the terms of the agreement not the insurance company • It is important to check and understand your responsibilities and exposures to indemnity and insurance clauses

11. How you can minimise your risk • Identify your exposures, assess your risk and take action to manage those risks • Supervision and safety procedures and policies • Education and enforcement of procedures and policies • Keep comprehensive records • Advise your insurer as soon as possible of every occurrence

12. Specified benefits are payable when students are accidentally injured whilst participating in authorised work experience Lump sum benefits are payable for a range of events including death, disability and specific injuries (e.g. fractures) SchoolCare Policy

13. Provides cover for accidental bodily injury or death and resultant non-medicare costs arising therefrom as defined in policy. Federal Health Legislation prohibits general insurers from paying any Medicare expenses, including the gap. No cover applies for illness or related claims. SchoolCare

14. Other benefits include:- Non-Medicare medical fees Emergency transport Home tuition fees School fee relief Professional counselling SchoolCare

15. Medical expenses that cannot be paid due to Legislation Claims associated with aerial flight other than as a passenger in a fully licensed standard type aircraft Claims associated with motor cycling Claims whilst under the influence of alcohol or drugs Acts of Terrorism (as defined in the policy) SchoolCareThe policy contains a number of exclusions, including:-

16. The Statutory Liability Insurance policy indemnifies Insureds for pecuniary (monetary) Penalties payable to Regulatory Authorities for Wrongful Acts. The policy also covers costs payable to the Regulatory Authority and Defence Costs. This is a brief summary and should not be used as a substitute for the policy. Statutory Liability Insurance

17. Pecuniary penalties may be imposed under a range of legislation including: Occupational health & safety legislation. Corporations Act 2001 (Cth) Australian Securities and Investments Commission Act 2001 Trade Practices Act 1974 (Cth) Environment protection legislation, such as the Environment Protection Act 1970 (Vic) and the Protection of the Environment Operations Act 1997 Statutory Liability Insurance

18. Statutory Liability Insurance • The policy does not indemnify the Insured for amounts CCI is legally prohibited from paying. • A Wrongful Act is defined in the policy as: • “any actual or alleged act, error or omission of the Insured which: • (a) occurs in connection with the Business, within the Territorial Limits and after the Retroactive Date; and • (b) whereby the Insured: • (i) actually or allegedly contravenes, or is involved in the contravention of, an Act including the commission of an offence; and • (ii) is liable for the imposition of a Penalty.”

19. Thank you for your attention • Product Information Sheets and details of Risk Management support can be accessed by visiting our website:- www.ccinsurances.com.au

20. Questions? • This presentation is provided to vocational education trainers for workplace learning for informational purposes only and should not be used or considered as a comprehensive coverage of the topic discussed. As this information is of a general nature, you should consider obtaining professional advice to ensure that your own circumstances are properly considered. Summary only. For full details of the terms, conditions and exclusions of insurance cover, refer to the policy document.