In this issue:
Sign up to members-only website
Returning member policy
Insurance coverage for local community/not for profit groups
Coroner’s investigation – illegal building work and fire safety
Wrongs Act amendment – Organisational responsibilities to prevent child abuse
Recent Court decision – tree root damage
Latest guidance under development: Off-Road Multi-Use Trails
LMI Help Desk
Events
Sign up to members-only website
To access members-only information, you'll need to sign up to the MAV's members-only website. Existing members can login immediately.
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Returning member policy
The MAV Insurance Board has developed a returning member policy.
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Insurance coverage for local community/not for profit groups
MAV Insurance staff frequently receive queries directly from residents and local community groups about access to public liability insurance associated with their activities. These commonly relate to one-off events such as residents wanting to arrange street parties or a local community group planning a fete, etc.
Quite often callers will say they have been advised by their council that MAV Insurance provides such cover. This in fact is not correct. MAV Insurance under its deed of establishment is only able to offer insurance cover to councils in Victoria and Tasmania and other public bodies specifically approved by the Minister.
To assist members when fielding similar enquiries from residents or local community groups, Local Community Insurance Services (LCIS, a division of JLT) was established specifically to meet the insurance needs of community groups/NFPs. LCIS has a range of tailored insurance products available - Public Liability, Property and Volunteer Workers Personal Accident Insurance and Event Coverage to name a few.
To find out more about LCIS there is a 24 hour access via 1300 853 800 or visit their website.
Coroner’s investigation – illegal building work and fire safety
The MAV was provided with a copy of the Victorian Coroner’s investigation into the death of Robert J Anstice. The investigation highlights concerns about illegal building work and fire safety and is of relevance to both the planning and building enforcement functions of councils.
To assist members a summary of the report and its implications for councils has been prepared.
The full Coroner’s report is available online.
If you have any queries in relation to this matter please contact Kristine Minghella on (03) 9667 5539.
Wrongs Act amendment – Organisational responsibilities to prevent child abuse
The Victorian Government has introduced a Bill to amend the Wrongs Act 1958 to ensure organisations are held accountable and have a legal duty to take reasonable care to prevent criminal child abuse committed by employees and members of their organisation. These amendments deal with an organisations' civil liability exposure to pay damages. The amendments are proposed to come into force on 1 July 2017.
One key element is to address the issue of the level of authority that an individual associated with the relevant organisation derives from that individual's association with the relevant organisation. It includes circumstances where a perpetrator uses his or her status and position to facilitate the commission of child abuse.
New section 91 deals with “Liability of Organisations” and some of the key elements are:
- The duty is owed by relevant organisations to take the care that in all the circumstances of the case is reasonable to prevent the abuse of a child by an individual associated with the relevant organisation while the child is under the care, supervision or authority of the relevant organisation.
- The duty persists even if the organisation delegates the role to another organisation.
- Significantly section 91(3) provides that if child abuse within the scope of the duty of care is proven to have occurred, this duty will be presumed to have been breached unless the relevant organisation proves it took reasonable precautions to prevent the abuse in question (a "reverse onus").
All members should acquaint themselves with these amendments and factor them into your policies around ensuring the safety of children, staff training and awareness, supervisory and reporting processes.
Recent court decision – tree root damage
The County Court of Victoria recently decided the case of Owners Corporation SP020030 v Keyt [2016] VCC 1656 being a tree root property damage claim.
The proceedings related to a privately owned tree and a dispute between neighbours and as such did not involve a council tree, nevertheless the decision provides a good summary of the relevant law that hopefully members will find helpful. The key comes down to a reasonable, timely response to reports of damage.
Latest guidance under development: Off-Road Multi-Use Trails
The use and management of off-road multi-use trails can be particularly challenging for land managers, particularly in the case of local councils. Increased usage both in overall numbers and the variety of user types/interest influences the respective risks.
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LMI Help Desk
The LMI Help Desk is a free service for members wanting information or advice on risk management, policy coverage, potential or current claims as well as general insurance matters. All insurance members’ staff can access this service; it is not restricted to your risk/insurance officer/s.
To find out more about how the Help Desk might be able to assist you and some of the common and not so common queries we receive, visit the members section of our website.
If you have any queries for MAV Insurance, please contact:
Risk Management
Underwriting/Coverage:
Frank Loschiavo
Legal:
Kristine Minghella
Claims:
Ivan Ciardullo,
Jonathan Edge, or
John Smith
Events
Save the date: 2017 MAV Insurance & Risk Conference (Tasmania)
Date: 16-17 March 2017
Venue: Country Club Tasmania
Address: Country Club Avenue, Prospect Vale
2017 Best Practice Forums (Victoria)
The first round of the 2017 Best Practice Forums commences in April. For dates and venues, visit the MAV Insurance events page.
To book, or for more information, contact MAV Insurance.
Members are encouraged to contact MAV Insurance with any comments they may like to contribute to the event planning process. More information will be provided over the coming months.
