Bega Valley Shire CouncilBega Valley Shire Council

Public Liability Insurance

Community & Leisure / Local Facilities / Venues for hire

Public Liability Insurance

As Management Committees are appointed under the provisions of the Local Government Act, members of the Committee are automatically included in Council's Public Risk Insurance cover which extends to all properties owned or leased by Council.

Council has Public Liability Insurance cover in place that extends to non incorporated Committees.

Members of Committees should note that they are only covered by Public Liability Insurance when acting within the scope of their delegation.

The following general information applies to the Public Liability policy in the event of a claim being made:

  • The Public Liability policy covers council and the Committees against claims made by members of the public for personal injury or injury to personal property arising from a negligent act or omission of Council and/or the Management Committee.
  • When an accident occurs, members of the Committee are instructed that they are not empowered to admit liability. The following procedure is suggested.
  1. In the first instance any circumstances the Committee believes may lead to a claim should be notified to the Manager Corporate Services. From that point arrangements can be made to best deal with the circumstances. Committees are encouraged to document such circumstances in a diary or similar type system.
  2. Members of the public who wish to make a claim should be requested to state their claim in writing setting out full particulars of the accident (where, when and how) and the grounds on which they hold the Committee (or Council) responsible.
  3. When a Committee receives a claim from a member of the public, the Secretary of the Committee should question the member/s involved. It should be investigated as soon as possible and a report immediately provided to the Manager Corporate Services. A copy of the letter of claim should be provided with specific reference in the report to the points raised in the claimant's claim. Council's Corporate Services Manager is available to discuss any problems associated with this insurance.

Building Insurance

Council's Building Insurance cover is now included within a "Property Insurance Policy". All claims covered by this policy are subject to an excess of $10,000 per claim.

With regard to the fire insurance section of the Property Insurance policy, it should be noted that it is Council's policy to insure the building and those contents owned by the committee and Council. Contents owned by the user groups are not covered by this policy and should be insured by the owners.

It should be noted that in respect of a claim for malicious damage, claims must be reported to the Police and must be recorded by the Police on the appropriate Police form with full details of any claim and must be submitted to the General Manger in writing.

It should also be noted that the Property Insurance Policy include "Accidental Damage" such as actual damage to the building, (eg. the breakage of glass). Again, any claim is subject to an excess of $10,000.

Personal Accident Insurance

Council has arranged a Personal Accident Policy to cover voluntary casual workers who are not on the Committee as well as all members of Committee appointed under the provisions of Sections 355 and 377 of the Local Government Act, 1993. Personal Accident Insurance covers Committee Members and Volunteers for personal bodily injury which results in the persons’ disablement or death, and includes when a Committee member is on or travelling to or from a Council activity.

The following benefits relate to the Personal Accident Insurance Policy:-

  • Capital - $500,000.00 for Councillors and $300,000 for Committee members
  • Weekly - $3,000.00

Public Liability - Casual Hirers

Council has negotiated a policy that provides Public Liability cover to casual hirers of Council facilities for cover to the organiser of a function against claims made by members of the public for personal injury or injury to personal property arising from a negligent act or omission of that person. Cover is limited to ten times per annum for non profit organisations.

Cover is available under the policy for Public Liability as well as products liability, which refers to items that are sold or supplied by the hirer.

This cover does not extend to long term hirers, such as aerobics, yoga, self defence classes and specifically excludes incorporated bodies or sporting clubs or associations of any kind. In such cases, the Committee is requested to ensure that the operator/instructor has Public Liability cover in the amount of not less than $20,000,000.00 which specifically makes reference to the activity being conducted by that person.

In all cases, the Committee is requested to obtain full details of the hirer to be and held in a diary for at least seven years. Any known occurrence that may give rise to a claim should be referred to Council's Manager Corporate Services.

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