Insurance Toolkit for Landcare Groups in NSW P a g e 1

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1 Insurance Tlkit fr Landcare Grups in NSW P a g e 1

2 FOREWARD This tlkit has been prepared t prvide guidance n insurance issues relating t Landcare grups in New Suth Wales. This kit is nt regarded as legal advice. It is the respnsibility f individual Landcare Grups t make their wn infrmed decisins regarding their chice f insurance. AUTHOR Landcare NSW Incrprated TARGET AUDIENCE Landcare staff, Bards, Cmmittees + Vlunteers DATE OF PUBLICATION 31 January 2013 A prject f the NSW Gvernment s Landcare Supprt Prgram This dcument is als available n the fllwing link Insurance Tlkit fr Landcare Grups in NSW P a g e 2

3 TABLE OF CONTENTS Public Liability Insurance 4 Prduct Liability Insurance 5 Vlunteer Persnal Accident Insurance 6 Wrkers Cmpensatin Insurance 7 Assciatin Liability Insurance 8 Prfessinal Indemnity Insurance 9 Private Landwners & Insurance Risk Assessment 10 Landcare Netwrks + Umbrella Insurance 11 Insert: Current Insurance Prices Insurance Tlkit fr Landcare Grups in NSW P a g e 3

4 PUBLIC LIABILITY INSURANCE Public Liability Insurance is an essential insurance fr any cmmunity rganisatin t prtect the grup if it is successfully sued fr negligence. The plicy is usually cmbined with prduct liability insurance. What it cvers: Public liability insurance cvers a grup s legal liability t the general public fr bdily injury and prperty damage caused by a negligent act by the members f yur grup. It is especially imprtant fr field days and events. Insured persns include the Landcare grup s Management Cmmittee, full r part time staff, members, vlunteers, vluntary wrkers. The plicy can be extended t cver use f herbicides, pesticides (including trailer munted units), fx shts, use f watercraft (nt exceeding 8m in length), animal baiting, snrkelling and scuba diving, use f chemicals and the use f dangerus machinery. Grup activities n private and public land Extensins can include member t member cver which cvers ne member suing anther. Other extensins can include the hiring ut f equipment t ther peple / grups and the waiver f subrgatin rights fr members wh are als the prperty wners (subrgatin is the right fr an insurer t pursue a third party that caused an insurance lss t the insured). Limit is usually $10 t $20 millin fr any ne ccurrence. Many funding bdies require $20 millin. There can be an excess fr this cver eg $250 fr each admitted lss fr prperty damage claim. Insurance Tlkit fr Landcare Grups in NSW P a g e 4

5 PRODUCT LIABILITY INSURANCE Prduct Liability Insurance is usually cmbined with Public Liability Insurance. What it cvers: Cvers damage and legal csts that are incurred by a maker r seller f a prduct that injures smene r damages smene s prperty. Insured persns include the Landcare grup s Management Cmmittee, full r part time staff, members, vlunteers, vluntary wrkers. Cvers grups wh may prduce varius prmtinal prducts t be sld r handed ut t the general public. Prduct Liability Insurance is particularly relevant if the grup sells fd r prducts either as part f the day-t-day activities r as fundraising. There can be an excess fr this cver eg. $250 fr each admitted lss fr prperty damage claim. Insurance Tlkit fr Landcare Grups in NSW P a g e 5

6 VOLUNTEER PERSONAL ACCIDENT INSURANCE Als knwn as Vlunteer Wrkers Insurance r Vluntary Wrkers Insurance r Persnal Accident Insurance. What it cvers: Vlunteers, grup members and participants fr nn-recmpensable expenses fllwing an accidental injury, disability r death whilst engaged in activities rganised by a Landcare grup. Benefits are paid n an ut-fpcket basis after ther entitlements have been used (eg. Medicare, private health cver, etc.). There may be an age restrictin t the insurance eg. nly cvers thse aged 4-85 years. Other plicies may stipulate n age restrictin but may state that vlunteers must be able t take directin. Cver may be extended t include accidents resulting frm the use f equipment such as brush cutters, chainsaws, underwater breathing equipment r mtrcycles. Cver can als extend t cver vlunteers travelling t and frm any Landcare grup rganised event. This cver is nt a Wrker Cmpensatin Insurance The level f cver is yur chice, therefre, examine the benefits and details. Mst grups have at least $10 millin wrth f cver. There can be an excess fr each / every claim fr incidental expenses. Insurance Tlkit fr Landcare Grups in NSW P a g e 6

7 WORKERS COMPENSATION INSURANCE Landcare Grups and individuals have legal bligatins t prvide Wrkers Cmpensatin Insurance. Wrkers Cmpensatin Insurance is required by law fr any Landcare grup that emplys a wrker n any basis, n matter hw casual. The term wrker includes anyne paid by wages r salary, including piece rates and payment in-kind. Grups that are participating in vlunteer activities that d nt emply wrkers d nt require Wrkers Cmpensatin Insurance. Failure t cmply with Wrkers Cmpensatin requirements means yur grup may be liable fr the full cst f cmpensatin, including cmmn law csts if ne r mre f yur wrkers is injured. Fr wrk undertaken by cntractrs, sub-cntractrs, cnsultants, Landcare grups shuld ensure that cntractrs carry the apprpriate insurances. Insurance Tlkit fr Landcare Grups in NSW P a g e 7

8 ASSOCIATION LIABILITY INSURANCE What it cvers: This insurance cvers the Landcare grup s Directrs and Officers fr any wrng ding, statutry fines and emplyment practice liability and fidelity (theft by emplyees) which may be brught against its members, cmmittee members r fficers f the grup. Prtects the abve individuals against lsses (including legal csts) in the curse f carrying ut their duties n behalf f the grup. This insurance usually excludes cver fr an individual wh cmmits any deliberately r intentinally dishnest r fraudulent act. Cver varies cnsiderably. Fr mst small grups, $1 millin wuld be mst apprpriate. Fr larger grups (eg members), it is preferable t increase cver t $5 millin r $10 millin. Only cvers grups which are incrprated hence this insurance is nt needed by smaller sub-catchment sub-grups which are nt incrprated. Insurance Tlkit fr Landcare Grups in NSW P a g e 8

9 PROFESSIONAL INDEMNITY INSURANCE This insurance is relevant t Landcare grups that emply fficers such as Prject Officers. Prfessinal indemnity (PI) insurance prtects prfessinals against claims made against them by their past r present client. What it cvers: PI insurance cvers legal defence csts, as well as any damages payable. This insurance generally indemnifies the insured fr a claim that is first made while the plicy is in frce as a result f a breach f prfessinal duty in respect f the cnduct f the prfessinal business. Prvides prtectin t member grups, ffice bearers and emplyees fr claims that arise frm any advice given t third parties and members. PI Insurance can be included in the Assciatin Liability Insurance. Prfessinal Indemnity Insurance cvers individuals emplyed by cmmunity grups. PI insurance shuld be cnsidered fr all emplyees. Any prfessinal persn prviding services is regarded by their client as an expert and is therefre pen t a claim being made against them. Only applies t incrprated rganisatins. Cver varies. Fr mst small grups, $1 millin wuld be mst apprpriate. Fr larger grups, cnsider increasing limit f liability t $5 millin r $10 millin. Insurance Tlkit fr Landcare Grups in NSW P a g e 9

10 PRIVATE PROPERTY OWNERS AND INSURANCE Prperty wners n whse land a grup s activities are t take place shuld carry cmprehensive liability insurance. Public liability insurance is necessary t prtect landwners against ptential liability when lss r damage t persns r prperty is sustained as a result f the prperty wner s alleged negligence. The cst f this insurance lies with the land wner. Landcare grups shuld advise landhlders f the type f activity and number f vlunteers invlved in carrying ut prjects n private land. Prperty wners shuld check with their insurers as t whether r nt current liability plicies they may already carry will extend t cver them against any ptential liabilities arising frm grup activities n their prperty. RISK ASSESSMENT Risk Assessment is imprtant t minimise r eliminate risk frm yur Landcare grup s activities. Cnducting a risk assessment f Landcare field days, events and activities is a systematic means f identifying ptential risks, prblems r incidents befre they happen and taking actin t mitigate their impact. While insurance will cver yur grup legally frm being sued, risk assessment is designed t prevent legal actin frm prceeding in the first place. When t cnduct a Risk Assessment A risk assessment is recmmended when yur Landcare grup activities invlve: Event participants including members f the public, grup members, cntractrs r vlunteers. The use f herbicides, pesticides and ther hazardus chemicals, vehicles and heavy machinery, excavatrs and / r chainsaws. Wrking in clse prximity t water, fire, extended sun expsure, and / r animals. The prvisin f fd and drink. A Risk Assessment template and Checklist is available at Insurance Tlkit fr Landcare Grups in NSW P a g e 10

11 NETWORKS + UMBRELLA ORGANISATIONS When des a Landcare Grup need their wn insurance? Many larger, incrprated Landcare netwrks act as an umbrella insured rganisatin fr smaller sub-grups under their banner. This means the netwrk takes ut a plicy with an insurance cmpany, while the grups under their umbrella d nt. In sme instances, these Landcare netwrks are acting as an insurance umbrella netwrk t up t 20 sub-grups. Advice frm Austcver s Phil Dwns is prvided belw regarding when a subgrup requires their wn insurance plicy. Sub-grups shuld have their wn plicy with Austcver if any f the belw factrs apply: They wn equipment (tls, machinery, bats), r They have mre than 10 members, r They meet n a regular basis, r They run their wn Landcare prjects and / r events. Small grups with less than 10 members, wh meet nly n an ad hc basis, are able t be cvered by an umbrella Landcare netwrk by Austcver. Hwever, each sub grup MUST be listed n the insurance plicy, eg. Friends f Macintyre Park, Mt Sullivan Landcare Grup, etc. There may als be a small increase t Austcver premiums if Netwrks want t cver a number f smaller sub-grups. Netwrks Urged t Check Their Plicy It is vital yur Landcare rganisatin is adequately insured. Landcare rganisatins are strngly urged t check with their chsen insurer the requirements with regard t sub-grups under their plicy. Failure t d s may mean yur members, vlunteers and staff are nt cvered in the event f accident r injury. Insurance Tlkit fr Landcare Grups in NSW P a g e 11

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