Attachment 4 RISK MANAGEMENT QUARTERLY REPORT AS AT 31 st MARCH 2012

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1 Attachment 4 RISK MANAGEMENT QUARTERLY REPORT AS AT 31 st MARCH 2012 GENERAL INSURANCE JMAPP - ISR/PROPERTY DAMAGE CLAIMS JMAPP claim logged with Jardine Lloyd Thompson re vehicle impact damage totalling $10,160 to a ticket box machine at the South Melbourne Market on 11 th January The driver of the 4WD left the Market without reporting the damage. The incident was captured by CCTV footage which identified the number plate of the vehicle. The incident was reported to the Police and the offender has been charged. The driver will be required to reimburse the insurance company and the Council (for the policy excess) when the matter goes to Court. PUBLIC LIABILITY / PROFESSIONAL INDEMNITY CLAIMS Echelon Claims Management handle all under excess claims and investigate liability in liaison with the relevant Council Department. Claims with estimated liability exceeding the Council s excess of $10K are handled directly by the insurer, MAV Insurance (formerly known as Civic Mutual Plus). MAV Insurance Public Liability & Professional Indemnity Audit As outlined in the December Quarter Report MAV Insurance conducted a one day audit of the Council s risk management procedures and documents on 13 th December, The overall draft score awarded was 89% which was an improvement on the 2010 score of 87%. The audit recommendations have subsequently been reviewed and additional information has been forwarded to MAV resulting in a Final score of 92%. Outstanding Public Liability Claims Outlined below are all claims with potential estimated liability >$5K. File Ref Date of Location 50/05/760-30/03/2007 Tennyson St, 01/02 Elwood, 50/05/770 15/05/2007 Victoria Ave, Albert Park 50/06/ /11/ A Carlisle Street,, 3206 Description Claim Status Council Department Claim referred to MAV property Claim referred to MAV property Personal injury / Claimant was compensated by Vic Workcover claimant Workcover Authority. VWA sought fell on step-over while compensation from COPP. COPP has carrying plaster board been successful in its efforts of seeking sheets at Council reimbursement from contractor premises involved. Currently in the process of chasing monies paid to date plus defence costs. Remediation Tree root barrier installed. Tree root barriers installed in Contractor procedures reviewed

2 File Ref Date of Location 50/05/826 17/09/2008 Blessington Street, 50/06/ /10/2008 Cecil St, Sth Melbourne 50/06/ /09/2009 Clarendon St, South Melbourne, /05/869 27/10/2009 Ormond Esp, Elwood, /06/ /02/ Bay St, Port Melbourne 50/06/ /09/2010 Moore St, Elwood 50/05/884 01/12/2010 Raglan Street, 50/06/ /02/2011 South Melbourne Market Stall 153 Zamani Sports 50/05/890 25/03/2011 Queens Road, Melbourne 50/06/ /05/ Rd, Description Claim Status Council Department Remediation Claim referred to MAV independent sewerage pipes and expert appointed to inspect property. front veranda of property. Personal Injury Claimant tripped and fell on a Telstra pit lid and suffered a nonhealed C2 fracture in the neck. Personal injury claimant alleges he tripped on missing bluestone block in footpath/guttering. property Tripped on uneven pit lid covered by carpet as exiting restaurant at the Rose Hotel and fractured ankle. Property Damage Claim Flooding to property - blocked drains due to insufficient laneway cleaning driveway and fire service pipes Damage to Property due to flood store stock damaged Tree Root Property Damage to stormwater drains Loss of Business Claim - Shop Owner not informed of Roadworks Certificate of Assessment of Degree of Impairment and Prescribed Information pursuant to Wrongs Act (Part VBA Claims) Regs 2005 served against Council. MAV has referred claimant s solicitors to Telstra. Litigated claim - referred to MAV Claim referred to MAV Claim referred to MAV. The owners of the Hotel and City West Water were also joined in this claim. MAV have denied claim and referred the owners to the Rose Hotel. Echelon investigating. Claim referred to MAV. Claim referred to MAV. Claim referred to MAV.. Property N/a Telstra property Claim referred to Contractor. Root pruning. Inspection systems reviewed. Review stallholder s insurance

3 File Ref Date of Location 50/06/ /09/2011 Argyle St, 50/06/ /10/2011 White Street South Melbourne 50/06/ /11/2011 Robe St, 50/05/914 20/01/2012 Pine Ave, Elwood 50/06/ /02/2012 Kerford Place Albert Park Description Claim Status Council Department Remediation Property damage Claim referred to concrete blockage to Contractor. drainage pipes Motor Vehicle damage tree branch fell and damaged vehicle. Motor Vehicle damage tree branch fell and damaged vehicle. storm water drains and fence Motor Vehicle damage tree branch fell and damaged vehicle...

4 Settled Public Liability Claims >$5K during quarter (1 st January to 31 st March 2012) File Ref Date of Location Description Claim Status Council Department 50/06/ /04/2009 Dickens St, Elwood Tripped and fell on Claim settled at Mediation Conference alleged raised by MAV. $10,000 excess paid. bluestone edging and and suffered fracture to the left elbow. 50/05/903 02/08/2011 Clark St, Port Claim settled in full by MAV. Melbourne property and $10,000 excess paid. 50/05/909 09/11/2011 Penleigh Court, St Kilda East 50/05/899 14/04/2011 Page Street, Middle Park sewerage pipes court yard driveway and letterbox property house and paving Under excess claim settled via Echelon. Claim settled in full by MAV. $10,000 excess paid. Remediation Department Managers informed re liability issues to review with contractors. N/a A tree root deflector has previously been installed at this property. Tree root barriers installed. 50/05/902 02/03/2011 Irymple Ave, St Kilda Tree Root Damage to Property Under excess claim settled via Echelon Tree root barriers installed. 50/05/911 16/12/2011 Kerford Road, Albert Park Tree Root Damage to Property garage floor and driveway Under excess claim settled via Echelon N/A Outstanding Professional Indemnity Claims Outlined below are all claims with potential estimated liability >$5K. No outstanding claims to report.

5 Public Liability Claims Trends The graph below reflects the estimated cost of claims received/paid/denied over the period Jan-Mar 2012 split by claim type. The graph and pie chart highlight a high percentage of claims received over the quarter relating to trees falling and vehicle damage. This trend has been due to the inclement /stormy weather over the period resulting in one over excess claim and several minor claims involving tree branches falling onto vehicles. Amount Claimed & Amount Paid - Jan / Feb / March 2012 $60, $50, Amount Claimed Amount Paid Amount Denied $40, $30, $20, $10, $0.00 Facility Flood Motor Vehicle Mow er Other Professional Indemnity Tree Falling Tree Overhanging Tree Root Trip and Fall Vehicle Damage Vehicle Damage 25% No. of Claims Received Facility 7% Flood 4% Other 7% Tree Falling 21% Trip and Fall 18% Tree Root 18%

6 OCCUPATIONAL HEALTH & SAFETY - 1 Jan to 31 March 2011 Emergency Procedures: No Evacuation Drills were conducted for the period. Further drills are scheduled throughout the year. OH&S Audits: No OH&S Audits were conducted for the period as all audits are up to date. A number of sites are scheduled to be audited next quarter: Work Cover Claims lodged: Minor Standard 2 0 Jan-Mch11 Apr-June July-Sept Oct-Dec11 Jan-Mch12 Summary of Claims: 3 Minor claims were lodged: Community Care employee strained lower back while vacuuming. Parking Enforcement officer injured wrist / thumb as result of fall. Vocational Care employee fell from horse resulting in soft tissue injury to back. 1 Standard claims was lodged: Injury to knee as result of fall claim still pending.

7 Lost time (days) paid through WorkCover Claims: First 10 days Excess days Long Term 0 Jan- Mch11 Apr-June July-Sept Oct- Dec11 Jan- Mch days were paid as W/Cover for the quarter: 6 days were paid by CoPP as part of our First 10 Days Employer Liability; 20 days were paid as Excess Days - these days are reimbursed by GB. A further 153 days were paid for long term claims - these days are reimbursed by GB.