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Public Liability Protection

Information on Public Liability Protection, Building Insurance, Personal Accident Insurance for hiring and use of Council facilities.

As Management Committees are appointed under the provisions of the Local Government Act, members of the Committee are covered under Council's Public Risk cover. 

Members of these Committees should note that they are only covered when acting within the scope of their delegation.

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

The Public Liability protection policy covers Council and the Committees against claims made by members of the public for personal injury to personal property arising from a negligent act or omission of Council and/or the Management Committee.

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 Property Protection

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

With regard to the fire section of the Property Protection policy, it should be noted that it is Council's policy to include 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, burglary or theft, 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.

The Property Protection Policy also includes damage to the building arising from weather events such as storms, hail, wind etc. Again, any claim is subject to an excess of $10,000.

Personal Accident Insurance

Council has arranged a Personal Accident Policy to cover voluntary workers performing duties for and on behalf of Council, 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 where the injury or death has arisen in the performance of their duties as a volunteer. Cover extends to 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 Public Liability protection cover that extends to casual hirers of Council facilities. Cover is provided to the hirer 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 during the period of hire of the facility.

This cover does not extend to incorporated bodies or sporting clubs or associations of any kind. In such cases, the Committee is requested to ensure these groups have 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.

© Bega Valley Shire Council 2024

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