The University of Adelaide INSURANCE HANDBOOK

Transcription

1 The University of Adelaide INSURANCE HANDBOOK

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3 DISCLAIMER The information contained in the following handbook is for guidance only. The University s insurance policies are subject to terms, conditions, exclusions and limitations as expressed in the respective policy wordings and nothing contained in this document affects their force. If you have any queries relating to this handbook or University insurance matters more generally, please contact the Legal and Risk Office. Joe Di Pinto (Manager Insurance) (08) / joseph.dipinto@adelaide.edu.au Tom Pontt (Insurance Officer) (08) thomas.pontt@adelaide.edu.au Legal and Risk Office (08) G07 Mitchell Building University of Adelaide Provision of Policy Documents Copies of insurance policies will not be provided to any third party unless instructed to do so by the courts as part of a discovery process, or by approval from the University s General Counsel, Celine McInerney. University of Adelaide, all rights reserved Page 1

4 CONTENTS PART A: General Information 1. Management of University Insurance organisational structure 4 2. Purpose of the Handbook 5 3. Overview of Insurance Policies 6 4. Role and Responsibilities 6 5. Policy Matrix 7 PART B: Insurance Policy Classes 6. Clinical Trials Insurance 8 7. Director s and Officer s Liability Insurance 9 8. Industrial Special Risk Insurance Marine Cargo Insurance Marine Hull Insurance Medical Malpractice Insurance Motor Vehicle Insurance Personal Accident Insurance 17 a. Student 18 b. Work Experience Student 18 c. Clubs Association 19 d. Sports Association 19 e. Volunteer Professional Indemnity Insurance Public and Product Liability Insurance Travel Insurance Vet School Insurance Scheme Workers Compensation Insurance (Excess of Loss) 31 PART C: Claim Procedures 19. General Claims Overview Industrial Special Risk (material damage, business interruption and property) Claims Marine Hull Claims Motor Vehicle Claims Personal Accident Claims (Student, Staff, Work Experience) 36 a. Clubs Association 37 b. Sports Association Travel Insurance Claims 39 University of Adelaide, all rights reserved Page 2

5 PART D: Reporting Procedures 25. Insurance Declaration Process Notifiable Event Reporting 41 PART E: Resources and Contact Information 27. When to Ask for Help Online Resources 43 University of Adelaide, all rights reserved Page 3

6 PART A: GENERAL INFORMATION 1. Roles and Responsibilities The insurance team is located within the Legal and Risk Branch in the Division of Services and Resources, and is supported in its activities by the University s brokers for 2014 A J Gallagher (Aust) Pty Ltd and major insurers. Executive Assistant Caroline Lauber General Counsel Celine McInerney Trusts Officer Jackie Morris Records Officer (Mon-Tues) Kinga Gasiorowski Associate Director Risk Services Anne Hill Associate Director Legal Services Geraldine Yam Manager, Compliance Sandra Lilburn Manager, Insurance Joe Di Pinto Senior Legal Counsel Kim Evans Senior Legal Counsel & Policy Officer Richard Duddy Project Officer, Legal and Risk Phillipa Schliebs Finance & Insurance Officer Tom Pontt Manager and/or Associate Director Staff As Named Executive Support and Administration The role of the insurance team is to: Ensure the University and its staff, students and controlled and affiliated entities (i.e. insured parties ) have appropriate levels of insurance coverage for the range of activities undertaken, and arrange additional coverage as required. Strategically design and administer the University s insurance renewal program Provide policy interpretation and advice to insured parties. Manage claims. Manage the annual declaration of activities (declaring the University s activities to underwriters) Ensure all notifiable events and circumstances are passed on from you to the University s brokers and insurers. University of Adelaide, all rights reserved Page 4

7 Joe Di Pinto, Manager Insurance (08) G12 Mitchell Building The University of Adelaide Tom Pontt, Insurance Officer (08) G12 Mitchell Building The University of Adelaide University of Adelaide, all rights reserved Page 5

8 2. Purpose of the Handbook Various people across the University give advice, support or direction on insurance, claims and notifications. Those people include Heads of School, Branch or Area, School and Business Managers, Finance Officers, WHS Representatives, as well as Legal and Risk team members. The purpose of this handbook is to give all of these staff an overview of the University s insurance program and to help them to understand what is involved. The handbook includes: An overview of the University s insurance policies Guidance on making a claim Information about the insurance declaration process The procedure for reporting notifiable events Resources and contact information The University is self-insured under South Australian WorkCover legislation and all workers compensation claims are managed through the Health, Safety and Wellbeing (HSW) unit in the Human Resources branch. This handbook does not address Workers Compensation, with the exception of a brief outline of the University s Excess of Loss cover. For further assistance on WorkCover and work-related injuries, please refer to the HSW team: University of Adelaide, all rights reserved Page 6

9 3. Overview of Insurance Policies The University manages the risk associated with its people, assets and activities in a variety of ways and one of them is to transfer risk, for a fee and on certain conditions, to a number of insurance companies, both onshore and offshore. The University s insurance program includes a number of different policies, which insure against risks associated with; staff and student travel research activities accident and injury of students and volunteers (not staff members) clinical trials damage to property, buildings and contents; and business interruption (interruption to research or learning and teaching activities through natural or man-made events) The policies include: Clinical Trials Contract Lecturers Corporate Travel Directors and Officers Liability Industrial Special Risks Material (Property Damage, Business Interruption and Contract Works) Marine Cargo Marine Hull Medical Malpractice Motor Vehicle Fleet Personal Accident for students, volunteers and members of the sports association and clubs association Professional Indemnity Public and Product Liability University Scheme for employed Veterinary practitioners Workers Compensation (Excess of Loss) The Insurance Program is renewed annually to ensure cover is appropriate to the changing needs, activities and infrastructure of the University. The renewal process requires a formal declaration to our insurers of all University property, people and activities, after which policy terms are negotiated with insurance brokers. For more information, refer to Part B of this handbook. The Insurance Program operates on a calendar year basis and all policies have an expiry date of 4:00pm on 31 December. University of Adelaide, all rights reserved Page 7

10 4. Policy Matrix INSURANCE POLICY DESCRIPTION CLAIMS PROCEDURE Clinical Trials Directors and Officers Liability Industrial Special Risks - Material Property Damage - Business Interruption - Contract Works Insurance cover for any participant who suffers bodily injury or damage during a clinical trial or study, sponsored and approved by the University. Insurance cover for losses incurred by external people or organisations as a result of actions of Directors and Officers of the University. Insurance cover for: - damage to University buildings, contents and contract works - loss of insurable income as a result of such damage Notify Legal and Risk Notify Legal and Risk Refer to section C Marine Cargo Marine Hull Medical Malpractice Motor Vehicle - Own Damage - Third Party Property Damage Personal Accident Professional Indemnity Public and Product Liability Travel Vet School Public and Product Liability Vet School Professional Indemnity Workers Compensation (Excess of Loss) Insurance cover for University of Adelaide goods shipped internationally within Australia. Insurance cover for damage to University-owned marine vessels and associated third-party damage or bodily injury. Insurance cover for third party claims against the University and/or any named insured within the program Insurance cover for physical damage to a University vehicle, a third-party vehicle or third-party property, as a result of a vehicle accident by authorised University drivers Insurance cover for accidental injury suffered by students, volunteers, registered members of the sports association and members of registered AUU Clubs, resulting during a University-approved activity. Insurance cover for financial damages and/or losses suffered by third parties, as a result of advice or actions of University of Adelaide staff or certain classes of students. Insurance cover for bodily injury and/or property damage arising out of University-approved or supplied products, services or activities. Insurance cover for losses experienced by staff or students while on authorised travel. Insurance cover for named veterinarians of the University of Adelaide Vet School and Vet Clinic(s), for bodily injury and/or property damage arising out of Universityapproved products, services or activities. Insurance cover for financial damages and/or losses suffered by third parties, as a result of advice or actions of named veterinarians of the University of Adelaide Vet School and Vet Clinic(s). Insurance cover required under our licence for workers compensation claims above the University s agreed level of self insurance retention. Notify Legal and Risk Refer to section C Notify Legal and Risk Refer to section C Notify Legal and Risk Refer to section C Refer to section C Notify Legal and Risk Notify Legal and Risk Notify Legal and Risk Human Resources to notify Legal and Risk Joe Di Pinto (Manager Insurance) (08) / joseph.dipinto@adelaide.edu.au Tom Pontt (Insurance Officer) (08) thomas.pontt@adelaide.edu.au University of Adelaide, all rights reserved Page 8

11 PART B: INSURANCE POLICY CLASSES 5. Clinical Trials Insurance Clinical Trials insurance is provided to staff and students who undertake human clinical trials or studies conducted by the University of Adelaide. The University provides No Fault Compensation Insurance for any participant who suffers a bodily injury during the course of a trial or study sponsored and approved by the University. No Fault Compensation indemnifies participants for any personal injury, sickness, disease, mental injury, anguish, shock or death, regardless of fault in the incident generating losses. Key Policy Points: All trials and studies undertaken by staff or students of the University must be undertaken in accordance with the Responsible Conduct of Research Policy and must be registered with and approved by either the University s Human Ethics Committee or a Committee approved by the University s Human Ethics Committee. Refer to ALERT: University Policy Requirements Unregistered and unauthorised (without approval) trials or studies are not covered. The limit of liability is $10M any one occurrence. In the Event of a Claim Do not admit liability. Notify Legal and Risk immediately. Please note: Local areas are required to pay the first $10k of the deductible or excess under this policy. For More Information Refer to the Clinical Trials and Human Studies insurance Policy Guide available on the Legal and Risk website: Information to be provided annually at Renewal and when requested to do so The University Human Research Ethics Committee must provide to Legal and Risk a complete list of all clinical trials and human studies for the renewal period. This information must be decribed by reference to the following categories of study or trials: Invasive - any study that is invasive to the human body and includes pharmaceutical studies Non-Invasive - any study that does not involve a participant receiving a form of treatment that places a device or substance into the body Phlebotomy - any study that involves drawing of a blood sample up to an amount of 10ml. (Note: Any volume greater than 10ml is to be treated as an invasive procedure) University of Adelaide, all rights reserved Page 9

12 6. Directors and Officers Liability Insurance Directors and Officers Liability insurance, is provided to Directors and Officers of the University (eg: Chancellor, Vice Chancellor and President, Council Members, Members of Boards, Members of Committees) who face personal liabilities for claims arising out of alleged errors in judgement, breach of duty or other Wrongful Acts related to their activities in these positions. Key Policy Points A Director is a person appointed to the position of Director or alternative Director of a company by the company shareholders. An Officer is a person who makes, or participates in making decisions that affect the whole or a substantial part of the business of the University. Although the University is not a company, Company Reimbursement Insurance is granted to the University to compensate for payments the University is legally entitled or obliged to make in indemnifying its Directors or Officers for claims made against them whilst acting in their capacity as Directors or Officers. Policy Exclusions Directors and Officers will not be indemnified for: Any appointment as a Director or Officer where it is for your own personal gain Any Director or Officer appointment to an external company that has not been authorised by the Vice Chancellor and President Any proven action taken against you for criminal intent In the Event of a Claim Do not admit liability. Notify Legal and Risk immediately. Information to be provided annually at Renewal and when requested to do so The Council Secretariat must provide to Legal and Risk a full list of internal Board appointments, and appointments of University Affiliates and Controlled Entities. Relevant areas (i.e. schools, branches, areas and Controlled Entities) are to provide details of any University-approved external board appointment. These appointments should also be provided to Human Resources throughout the year. University of Adelaide, all rights reserved Page 10

13 7. Industrial Special Risks Insurance Industrial Special Risks (Material Damage, Business Interruption and Contract Works) insurance covers physical loss or damage to buildings and contents across all campuses of the University as a result of: fire lightning flood or escape of water explosion earthquake breakage or accidental damage impact business interruption burglary or theft machinery breakdown Malicious Damage Impact by Vehicles The policy also covers the cost associated with any related business interruption to facilities or services. contingent upon an indemnifiable material damage loss. Key Policy Points The cover applies to most University assets, including items leased, hired, or borrowed by the University. Cover extends to: o agriculture products (e.g. wheat, hay and other grains) whilst stored on farm property; o specimens and animals bred and used in research; and o physical damage arising under a commercial, industrial or civil construction contract. Schools and areas may extend this cover for items, machinery and equipment that may fall outside the scope of this cover, such as high-value equipment housed off-site or in an unusual location (e.g. a river or field station). For more information contact Legal and Risk. There is a combined limit of liability of $1.6B any one claim. Policy Exclusions The policy does not provide cover for (among others): Watercraft (note: Boats are covered under the Marine Hull policy) Standing timber and growing crops Underground mines or mine shafts, with the exception of the Well Simulator Dams Contractor s and subcontractor s tools and equipment Farm animals (note: farms are responsible for obtaining insurance for animals if they deem it necessary) Contact Legal and Risk for the full list of exclusions. What Costs Can Be Claimed Damage to buildings or contents for reinstatement or replacement (e.g. furniture, equipment, plans, designs, records or manuscripts) Additional cost of working (e.g. removal costs, salaries of additional or overtime staff) Research and development costs (e.g. repeat experiment or study costs) Loss of revenue (e.g. loss of consultancy fees, sponsorship grants or hire fees) University of Adelaide, all rights reserved Page 11

14 Employee Personal Effects Declared personal property, such as extensive book or journal collections, used for the purpose of teaching and research, is covered under the University s ISR policy, provided that it has been declared to Legal and Risk. In the event of a claim, the local area will be responsible for the first $5,000. For more information, contact Legal and Risk. Reporting a Loss During working hours (8.30am-5pm Monday to Friday): immediately contact Legal and Risk. Joe Di Pinto, Manager Insurance (08) / Tom Pontt, Insurance Officer (08) Legal and Risk Office (08) Out of Hours Emergencies: Contact Security of the relevant campus, and the Manager Insurance. North Terrace Security (08) Roseworthy Security (08) Thebarton Security (08) Waite Security (08) Emergency (08) In the Event of a Claim Refer to the Industrial Special Risk Claim Procedure in Part C of this handbook. Information to be provided annually at Renewal and when requested to do so Relevant areas are required to provide to Legal and Risk, information about the following: Properties (owned and leased) Tenanted space Buildings and contents Art and Heritage collections and Special Collections Value of fixtures and fittings Rental income Type, number and value of research animals Number and detail of pressure vessels Plant and equipment Major projects University of Adelaide, all rights reserved Page 12

15 8. Marine Cargo Insurance Marine Cargo insurance provides for any loss or damage that occurs to University property, goods or merchandise that is in transit, including (but not limited to): Laboratory and scientific equipment Laboratory experiments Tissue samples Cultures Commercial and research animals Marine Cargo insurance generally applies to research material being transferred between institutions, but can also apply to new or secondhand equipment purchased. Note: Transit (i.e. imports, exports and sendings within Australia) may be by road, rail, sea, air, postal service or courier service. Key Policy Points Agriculture products e.g. wheat, hay and other grains and animals, are insured under this policy when being transported to a place of sale. Cover ceases when the product or animal is off loaded at the point of sale. There is a $500k limit of liability for any one loss. In the Event of a Claim Do not admit liability. Notify Legal and Risk immediately. Please note: Local areas are required to pay the first $1,000 of the deductible or excess under this policy except for claims of house hold personal equipment loss, in which case they are responsible for the first $250. All shipping documentation (cart notes etc.) and purchase invoices will be required which will dictate the responsibility for insurance protection Information to be provided annually at Renewal and when requested to do so Relevant areas are to provide Legal and Risk details of any shipment of significant value, transported to or from the University, including: Actual value of imports and exports Annual value of sending s University of Adelaide, all rights reserved Page 13

16 9. Marine Hull Insurance Marine Hull insurance provides cover for damage to the boats owned and used in marine research by Schools in the Faculty of Sciences while in Australian coastal and inland waters, and whilst in transit anywhere in Australia. The policy covers the loss or destruction of a vessel but does not cover testing or research equipment use on the boat, or in or under the water. Key Policy Points There is a declared value limit for physical damage to the boat. The policy includes a third-party bodily and /or property damage (known as protection and indemnity) component limited to $10M. In the Event of a Claim Refer to the Marine Hull Claim Procedure in Part C of this handbook. Information to be provided annually at Renewal and when requested to do so The School of Earth and Environmental Sciences is to provide the following details about all School vessels: Registration number Make and model Name of the boat Current Market value University of Adelaide, all rights reserved Page 14

17 10. Medical Malpractice Insurance Medical Malpractice insurance provides cover for third party claims of medical malpractice made against the University and those entities of the University employing medical practitioners (e.g Adelaide Unicare). Key Policy Points: All potential Medical Malpractice claims (i.e. notifiable events ) must be reported in the policy year that they first become known. Any staff member is considered, and is treated as an employee, of the Department of Health whilst working in a teaching hospital. Indemnity for these staff members is provided by the Department of Health. The territorial limit is worldwide. There is a $20M limit of liability per any one claim. Medical Defence Organisation The University s insurance underwriters require that all medical practitioners and Allied Health professionals individually obtain membership of a Medical Defence Organisation for liability cover arising out of any claim of medical negligence. In the Event of a Claim Do not admit liability. Notify Legal and Risk immediately. Please note: Local areas are required to pay the first $50k of the deductible or excess under this policy. Information to be provided annually at Renewal and when requested to do so Any area that engages a medical practitioner or allied health professional must make full disclosure when requested by Legal and Risk to do so. Failure to provide full disclosure within prescribed times may result in individuals and/or the University having insufficient or no cover. University of Adelaide, all rights reserved Page 15

18 11. Motor Vehicle Insurance There are three components to the University s Motor Vehicle insurance policy: 1. Comprehensive cover 2. Third party property damage 3. Driver liability Cover is provided for listed University motor vehicles and authorised University drivers, as long as preconditions are met (see Key Policy Points below). Other non-road vehicles such as tractors, quad-bikes and farm vehicles can also be covered under the policy if vehicles are declared. Compulsory Third Party insurance (CTP) provides compensation to crash victims where the owner or driver of a registered South Australian vehicle, or passenger in the vehicle is at fault. CTP is not included under the University s Motor Vehicle policy, but is automatically afforded when a vehicle is registered in South Australia. Key Policy Points The following pre-conditions apply: o All vehicles must be registered o All vehicles must be roadworthy o All drivers (i.e. University staff, students and volunteers) must be licensed In the case of a write-off accident, vehicles less than 12 months old will be replaced, otherwise they will be assessed at the market value of the vehicle at the time of the accident. There is a limit of liability of $30m per any one accident Policy Exclusions Any property (University or personal) taken from unattended or unlocked vehicles cannot be claimed under this policy. Unregistered vehicles are not covered. Insurance cover may be denied to drivers in unregisterd vehicles, or acting unlawfully or affected by drugs or alcohol. Local Area Responsibilities Local areas are responsible for ensuring University vehicles driven by their staff, students and volunteers for approved University travel are registered, maintained and roadworthy. Local areas are also responsible for ensuring approved drivers are licenced. This may involve citing a copy of individuals drivers licences. A decision as to whether a vehicle is purchased as a University Fleet Vehicle is a decision made and managed locally (i.e. within a school or branch). Once that decision has been made, the registration, maintenance and use of the vehicle is subject to the relevant insurance policy, the State Government s Compulsory Third Party Scheme, and State and Commonwealth laws generally. University of Adelaide, all rights reserved Page 16

19 Personal Liability If any of the policy exclusions above apply, University personnel who are at fault cannot expect the benefit of the University s insurance program and in some circumstances will be required to personally pay for personal or property damage, including fines, costs and penalties. In the Event of a Claim Refer to the Motor Vehicle Claim Procedure in Part C of this handbook. Information to be provided annually at Renewal and when requested to do so Relevant areas must provide to Legal and Risk, details of the motor vehicle fleet within their area, including: make of the vehicle model of the vehicle registration number University of Adelaide, all rights reserved Page 17

20 12. Personal Accident Insurance The Personal Accident policy provides a level of insurance cover for: Full and part time University of Adelaide Undergraduate students participating in activities forming part of their University experience Full and part time University of Adelaide Post Graduate students participating in activities forming part of their University experience University of Adelaide Students undertaking work experience Members of registered clubs of the AUU participating in authorised club sporting events Financial members of the University of Adelaide Sports Association participating in authorised club sporting events Volunteers (Personal Accident only) Policy Exclusions The policy will not provide an insurance payment for an injury or disability arising from: Illness Travelling in an unlicensed aircraft or flying or engaging in any aerial activity as part of the aircraft s crew Participating in or training for any professional sport Being exposed to radiation or radioactivity from any nuclear fuel or nuclear waste Pregnancy, undergoing childbirth or complications arising from childbirth Contracting any sexually transmitted disease Criminal or intentionally illegal acts Medicare-related expenses (including the Medicare gap) cannot be claimed under this policy. Information to be provided annually at Renewal and when requested to do so The Office of Planning and Performance Reporting (formally Strategy, Planning and Recruitment) must provide to Legal and Risk the following information: Turnover and payroll data Students by category (Post Graduate, Undergraduate, Full Time and Part Time) Number of students in the Study Abroad Program (outbound) Number of foreign students in the Study Abroad Program (inbound) Number of Staff (EFT) The Sports Association must provide the number of its financial members. The Clubs Association must provide the number of its registered members. The University Engagement branch must provide the number of volunteers at the University. University of Adelaide, all rights reserved Page 18

21 13a. Student Personal Accident This policy provides Personal Accident cover for: Full-time enrolled students of the University of Adelaide who suffer an injury during the period of their enrolment on a 24 hour, 7 day basis Part-time enrolled students of the University of Adelaide who suffer an injury while participating in a University approved activity. Key Policy Points: The purpose of providing limited cover to part-time students is to avoid insuring activities that could occur elsewhere, such as where a student is also studying at another institution, or is working as a volunteer at an external organisation. In the Event of a Claim Refer to the Claim Procedure in Part C of this handbook. For More Information Refer to the Student Personal Accident insurance Policy Guide available on the Legal and Risk website: 13b. Work Experience students This policy provides Personal Accident cover for students undertaking work experience or community placement as a component of their course of study. Occasionally, cover can be extended to students undertaking work experience that is not part of their course of study. However, the work experience must still be relevant to the students course of study and endorsed by the Head of School. A Student Placement Agreement must be completed. Key Policy Points: There are certain pre-conditions to this cover: Participation has been endorsed by the Head of School. The experience is relevant to or part of the conditions of the program of the student s course of study. A signed Student Placement Agreement is exchanged between the University and the host organisation The student is not to be employed by or receive remuneration from the host organisation where the workplace experience or community placement is being undertaken (limited exceptions apply). The University is not liable for any negligent act or omission on the part of the host organisation that results in injury to, or loss or damage of personal property of a student. In the Event of a Claim Refer to the Claim Procedure in Part C of this handbook University of Adelaide, all rights reserved Page 19

22 For More Information Refer to the following Work Experience Insurance Policy Guides available on the Legal and Risk website: Work Experience or Community Placement (General) Clinical Placement (Graduate Program in Counselling and Psychotherapy) Clinical Placement (MBBS) Clinical Placement (Undergraduate) Clinical Placement (Post Graduate) Dental Student Work Experience Dental Student (SADS) Work Experience Psychology Student (Masters of Psychology) Work Experience Nursing Student Work Experience Vet Science Student (Doctor of Veterinary Medicine) Work Experience Vet Science Student (International) 13c. Registered Clubs Personal Accident This policy provides Personal Accident cover to members of clubs registered with the AUU, where members suffer an injury whilst participating in an authorised club event. In the Event of a Claim Refer to the Registered Clubs Personal Accident Claim Procedure in Part C of this handbook. For More Information Refer to the Registered Clubs Personal Accident insurance Policy Guide available on the Legal and Risk website: 13d. Sports Association Personal Accident This policy provides Personal Accident cover for financial members of the University Sports Association, where members suffer an injury whilst participating in an authorised club event. In the Event of a Claim Refer to the Sports Association Personal Accident Claim Procedure in Part C of this handbook. For More Information Refer to the Sports Association Personal Accident insurance Policy Guide available on the Legal and Risk website: University of Adelaide, all rights reserved Page 20

23 13e. Volunteers Personal Accident This policy provides basic Personal Accident cover to volunteers of the University (i.e. people who are engaged in unpaid voluntary activities organised by, and authorised by the University, for the benefit of the University) who suffer an injury or death whilst acting in the capacity of a volunteer to the University. Volunteers are also provided with Public Liability insurance for actions or omissions on their part during activities associated with their University volunteer role, which results in a loss, damage or injury to a third party. This insurance policy has worldwide coverage and is available to; volunteers within Australia volunteers travelling outside Australia volunteers residing permanently offshore. Key Policy Points: There is an age limitation of 85 years. Volunteers will only be indemnified for acts, errors or omissions, where there is no criminal intent on their part. In the Event of a Claim Notify Legal and Risk immediately. For More Information Refer to the Volunteer Personal Accident insurance Policy Guide available on the Legal and Risk website: University of Adelaide, all rights reserved Page 21

24 13. Professional Indemnity Insurance The policy provides cover for claims of professional negligence (due to an actual or alleged negligent act, error or omission) by University staff or students who provide professional advice whilst engaged in University approved activities. Key Policy Points Cover extends to staff undertaking consultancy activities in their professional capacity. The contracts for these activities must be approved, registered and managed by ARI. Cover extends to certain classes of students who are undertaking work experience or clinical placement, provided they are supervised at all times. In limited circumstances, professional indemnity insurance is provided to volunteers providing professional advice to a third party as part of their University volunteer activities which results in a loss, damage or injury to that third party arising as a consequence of the advice provided. There is a $20M limit of liability. The policy provides $2.5M in cover for the USA jurisdiction. Policy Exclusions Numerous exclusions apply under this policy. Contact Legal and Risk for more information. Insurance for Contractors All contractors and consultants providing professional advice or recommendations to the University which the University will rely upon, (e.g. architects, engineers and analysts), must carry appropriate Professional Indemnity insurance. This covers the legal liability arising from professional negligence on the part of the contractor or consultant. Proof of insurance should be in the form of a Certificate of Currency or Memorandum of Insurance and must be obtained before any term of engagement. To account for various circumstances and risk profiles, the University will for time to time specify levels and classes of insurance from the other party. The decision on whether to enter into a contract without an indemnity and/or insurance requirement on the other party (or a reduced minimum amount of insurance), must be based upon a documented evaluation of the risk exposure and an assessment of the loss potential and approved by the Head of school. For more information, refer to the Contracts and Agreements Policy Guide available on the Legal and Risk website: In the Event of a Claim Do not admit liability. Notify Legal and Risk immediately of any claim or potential claim as soon as it becomes known. Please note: Local areas are required to pay the first $10k of the deductible or excess under this policy. ALERT: University Policy Requirements University of Adelaide, all rights reserved Page 22

25 Information to be provided annually at Renewal and when requested to do so Relevant areas must provide to Legal and Risk the following information: Any unreported Notifiable Events for the previous year (No insurance protection will apply) Revenue from research and consulting Revenue derived from USA activities Research agreements arranged through ARI Research agreements not arranged through ARI Licensed professional staff other than medical practitioners University of Adelaide, all rights reserved Page 23

26 14. Public and Products Liability Insurance Public and Products Liability insurance covers the University against costs associated with bodily injury or property damage claims that may result from University-approved activities, and third party property claims arising from the manufacture and/or sale of goods or products. Public and Products Liability insurance applies to all University of Adelaide employees, students (including those undertaking work experience in a host organisation or competing in University sporting events) members of affiliated and registered clubs and societies, volunteers and any person acting on instruction from or on behalf of the University. Key Policy Points: The policy extends to: o Research associated with Genetically Modified Organisms (but not any commercialisation) o Goods in care custody and control of the University o Clinical Trial cover (Refer to the Clinical Trial section of this handbook) The Policy provides additional insurance cover in the event of a major claim under the Travel Insurance or Motor Vehicle Policy. Academic staff on sabbatical leave are not covered by this policy unless it can be shown that the employee is directly working for the University during the period of leave. Cover extends to staff undertaking consultancy activities in their professional capacity. The contracts for these activities must be approved, registered and managed by ARI. Insurance for Contractors All contractors must carry appropriate Public and Product Liability insurance for the work they do for the University. This insurance covers the legal liability of a contractor to pay compensation and costs to the University in the event of loss or damage to property or injury to a person arising from an action or omission on the part of the contractor. Insurance must extend to University property in the care, custody or control of that party. Proof of insurance should be in the form of a Memorandum of Insurance. The University requires a minimum amount of insurance from the other party. Each contract must be evaluated to determine the risk and potential loss to the University. This assessment should form the basis of the decision on the limit of insurance required. The recommended limit (AUD$10M) may be increased where there is considered to be a high risk element in the contract or service being provided by the other party. Similarly, the amount may be decreased where there is considered to be a low risk element in the contract or service being provided. The decision on whether to enter into a contract without an indemnity and/or insurance requirement on the other party (or a reduced minimum amount of insurance) must be based upon a documented evaluation of the risk exposure and an assessment of the loss potential and approved by the Head of School. ALERT: University Policy Requirements For more information, refer to the Contracts and Agreements Policy and Guide available on the Legal and Risk website: University of Adelaide, all rights reserved Page 24

27 Policy Exclusions The policy does not cover any legal liability arising out of or in any way connected with the following: War, invasion, hostilities or warlike operations Radiation or contamination by radioactivity (aside from declared low-level non-destructive isotopes) Asbestos or materials containing asbestos Terrorism Fines and penalties In the Event of a Claim Do not admit liability. Notify Legal and Risk immediately of any claim or potential claim as soon as it becomes known. Please note: Local areas are required to pay the first $10k of the deductible or excess under this policy. Information to be provided annually at Renewal and when requested to do so Relevant areas must provide to Legal and Risk the following information: Number of staff and student numbers Registered medical practitioners, veterinarians and allied health professionals Current and forecasted advertising expenditure Revenue (research and consolidated) Payroll turnover Food and beverage turnover Products sold (not through ARI) Goods and Services provided by the University Goods and Services provided by ARI Plant and equipment University of Adelaide, all rights reserved Page 25

28 15. Travel Insurance Travel insurance is provided to University of Adelaide staff and students while they are undertaking University-approved travel. Cover extends to any incidental private travel, providing private travel does not exceed 50% of the total trip period or a maximum of 4 weeks, (whichever is greater). Indemnity and benefits are provided to staff and students who experience a loss resulting from (among others): medical and/or hospital expenses theft of personal property baggage lost for a specified period of time medical evacuation cancellation charges or loss of deposits hire car excess additional transport or accommodation costs due to the death of an immediate family member Key Policy Points: The policy provides increased benefits for senior executives of the University who undertake extensive travel as part of their duties. The policy provides cover for internationally based persons who travel from their home country to Australia for the purpose of being interviewed for appointment to a position within the University. The policy provides cover for Adelaide Study Abroad students for a period of up to 180 days. Should they choose to extend their trip beyond 180 days, students must be aware of the requirement to purchase top-up cover before they disembark from Australia. The policy provides up to 12 months of cover for PhD candidates who by the nature of their research are located overseas. Cover may be available for staff or students who are pregnant and/or have a pre-existing medical condition. It is only available by special arrangement and will only be approved if a treating medical practitioner certifies you as fit to travel. An or letter to the University Insurance Officer (thomas.pontt@adelaide.edu.au) briefly outlining your condition is usually sufficient notification. The insured person must be under 85 years of age. Additional protection may also be purchased for private travel in excess of the standard cover provided. University of Adelaide, all rights reserved Page 26

29 Travel to High-Risk Destinations The Department of Foreign Affairs and Trade (DFAT) routinely assesses the dangers of travelling overseas and may issue travellers a warning against visiting certain countries. A Level 4 warning advises travellers to "reconsider the need to travel". This level warning does not necessarily mean that staff cannot or should not travel, but final approval must be given by your Executive Dean or the Deputy Vice Chancellor or Vice President, as well as the Vice Chancellor. (Refer to the HSW handbook for the process for travel approval). If you do decide to travel to a high-risk country, it is advisable to register with DFAT prior to departure and to check with the Embassy of the country to be visited if there is anything else you should be concerned about. Policy Exclusions The policy will not provide an insurance payment for an injury or disability arising from: Travelling in an unlicensed aircraft or flying or engaging in any aerial activity as part of the aircraft s crew (unless declared and pre agreed) Participating in or training for any professional sport Being exposed to radiation or radioactivity from any nuclear fuel or nuclear waste Intentional self injury or suicide Contracting any sexually transmitted disease Engagement in any criminal act or intentional illegal act The policy will not provide an insurance payment for losses arising from: Thefts not reported to the local police or appropriate transport carrier so that a written report is not available at the time of making a claim. Pre-existing medical conditions (i.e. where a medical practitioner has advised against travel) that have not been declared prior to travel Electronic equipment stolen whilst such equipment is left unattended or in an unlocked vehicle In the Event of a Claim Refer to the Travel Insurance Claim Procedure in Part C of this handbook. For More Information Refer to the Staff and Student Travel Insurance Policy Guide and the Global Learning insurance Policy Guide available on the Legal and Risk website: Information to be provided annually at Renewal and when requested to do so Strategic Procurement (Financial Services) must provide Legal and Risk with the following information from the University s approved travel providers: Number of international trips Number of domestic trips (air) Number of domestic trips (road, for distances exceeding 50k and including an overnight stay) Destinations travelled (Note: A trip is defined as departing from and returning to Australia.) All areas must advise Legal and Risk of any travel that is not arranged through the Travel and Entertainment System. University of Adelaide, all rights reserved Page 27

30 16. Vet School Insurance Scheme Vets must comply with the relevant professional bodies prescribed registration requirements. To be registered, apart from anything else that the Board stipulates, vets must provide confirmation of minimum necessary insurance cover, unless the Board grants an exemption to an individual. The prescribed insurances cover professional indemnity, malpractice, and public and product liability. Ordinarily, employed vets would be required to obtain their own individual cover (often referred to as the primary layer) at their own cost and with an insurer of their choosing. To supplement that primary cover, the University would, ordinarily, provide the secondary layer of insurance covering the same kind of insurances but as a secondary cover. This is because the University s professional and general liability underwriters direct or mandate this as a necessary condition of the contracts of insurance provided to the University. The same position is applied, and is currently enforced, with general medical practitioners who are employed by the University. Since December 2011, the University has provided a University Scheme for all employed vets to participate in for the duration of their employment at the University and provided they also comply with their general terms of employment with the University. What cover will this scheme provide? Professional Indemnity Insurance, which includes; Breach of professional duty Defamation Breaches of the Competition and Consumer Act 2010 (Cth) and Fair Trading Act 1987 (SA) Malpractice and bodily injury to animals Legal defence costs Court attendance costs Cost of representation at official investigations and inquiries Unlimited retroactive cover Public and Product Liability Insurance, which includes; Accidental bodily injury or damage to property Bodily injury or damage to property resulting from the nature, condition or quality of goods sold or supplied, or advice given in the course of the sale or supply of goods Legal defence costs Goods in your care, custody and control General Terms of the available cover This University scheme will be available to employed vets for the duration of their employment. The scheme is conditional upon each individual vet completing a prescribed proposal form. A proposal form must be completed annually. Unlike other primary cover that vets may put in place themself, cover under the University Scheme will not follow a vet. It will cease to be available to a vet when their employment terminates or ceases for any reason. If a vet leaves the University s employment during any year, the cover provided under this Scheme will cease automatically at that time. University of Adelaide, all rights reserved Page 28

31 The cover is only available to vets while they are employed at the University, but applies to all lawful and clinically appropriate activities done or supervised outside their employment. Vets will need to be particularly vigilant to obtain cover immediately after their employment status changes. The policy will commence from when a vets completed insurance proposal form is received and accepted by the insurer. All forms must be returned to the Head of School who will then co-ordinate delivery to the Legal and Risk Office. The policy will expire in each year at 4pm on 31 December. Limits of the Policy Please note that there are limits to cover and if it is possible that the estimated value of an animal or the number of animals for nominated values will be exceeded, immediate arrangements must be made for cover to be obtained or you risk not having sufficient cover available. A School protocol is in place for this: please refer to Head of School for further directions. What to do in order to be covered under the scheme 1. Complete a proposal form Vets are required annually to complete a proposal form. The proposal form will initially be provided to the University s Legal and Risk Office directly from the underwriter and then passed onto you via the Head of School (or his/her delegate). As soon as the completed proposal form is provided and accepted, the cover will commence. 2. Complete an annual declaration form Vets are required annually to complete a declaration form usually in the period June to September. If this form is not completed and returned, cover will not be extended. 3. Report any Notifiable Events It is a condition of cover that vets provide notice of any notifiable event as and when it happens and with regular updates as necessary. Notifiable Event Reporting A notifiable event may be a consequence, fact, situation, omission, occurrence, activity or failure to do something that could result in a claim being made against you and/or the University. For example: Threat of legal action either verbally or in writing or via Injury of a member of the public or an animal on, or off, University grounds Accidental release of toxic vapour in a laboratory Administering incorrect or insufficient pain or other prescribed medication Death of an animal under your care Injury to a student during a clinical trial or class Vets must report events throughout the year as they occur, including those events which they ought reasonably anticipate may give rise to a claim against an individual or the University. Vets must also advise when there is any change or update in circumstances of a previously reported notifiable event. University of Adelaide, all rights reserved Page 29