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ACCC Public Liability and Professional Indemnity Insurance Monitoring Report Series 2005 ACCC’s Fifth Monitoring report: Public Liability and Professional Indemnity Insurance (July 2005) This is the fifth and most recent ACCC monitoring report examining costs and premiums and the effect of reforms on insurers. This report covers the full year 2004 and supersedes the fourth report dated January 2005. Fourth Monitoring Repot (15 Feb 2005) 2004 Third Monitoring Report (12 August 2004) ACCC welcomes issue of second monitoring report (news release Feb 2004) The report is the second in a series of four reports monitoring costs and premiums in public liability and professional indemnity insurance to assess the impact on premiums of measures taken by governments to reduce and contain legal and claims costs. For public liability, information from insurers shows that in the first half of 2003, there was a four per cent increase in premiums and a decrease in the average size of claims by 10 per cent. For professional indemnity, the ACCC report indicates that premiums and the average size of claims continued to rise in 2003, by five per cent and 19 per cent respectively. 2003 The ACCC has been requested by the Federal Government to monitor the cost of insurance premiums and whether the legislative reforms do reduce premiums. The full report is available on the ACCC website (July 2003) Extracts (PDF, 33kB) have been collated by the CPNS and can be downloaded. JPMorgan Deloitte 2005 General Insurance Industry Survey In 2005 and 2006 the Australian insurance industry expects claims to return to 'normal' and so drive a move from the ’exceptional’ growth of the last few years. The 13th annual JPMorgan Deloitte General Insurance Industry Survey released in November 2005 which surveys 90% of Australia’s leading underwriters, brokers and re-insurers indicates that in commercial classes premiums have edged off their peaks.  Competition ahead will be stiff with cost reduction and improved underwriting processes the shape of things to come. For personal insurance on the other hand the expectation is for a slight increase in claims and so growth be matched or come in just below inflation.   In real terms this will mean an average increase of 2-3%. Download the 2005 General Insurance Industry Survey. From Australians Living on the Edge, ACOSS Community Sector Confidence Survey 2003 "15. Difficulties in obtaining insurance Over a quarter of respondent agencies (218 agencies) indicated that they had experienced difficulties in obtaining insurance cover in the 2002-03 financial year. Of these: 119 indicated that the difficulty was due to the increased cost of cover (53%) 99 indicated that the difficulty was due to being refused cover by an insurer (42%) 8 indicated that the difficulty was due to both the increased cost of cover and refusal of cover by an insurer (4%). 16. Cost of insurance The data received from respondent agencies shows that the collective cost of insurance cover for these agencies was $21.4 million in 2002-03, while the cost of cover in 2003/04 was $25.6 million. This represents a $4.2 million (or 19%) increase between 2002/03 and 2003/04. Of the 566 agencies that completed this part of the survey: 77% are paying more for insurance in 2003/04 than they did in 2002/03 14% are paying the same 9% are paying less." Liability Insurance Taskforce Report The Queensland Government has implemented a five-phase action plan to assist community groups seeking to obtain public liability insurance. Information on the liability insurance scheme for not-for-profit organisations, law reform initiatives, stamp duty relief, risk management support, and the Liability Insurance Taskforce Report can be found on the Queensland Treasury website.  See the Public Liability insurance page. CPNS Papers, Information Sheets, Resources relevant to liability and risk management CPNS Working Papers relevant to liability and risk management: Civil Liability Reform and Volunteer Protection in Queensland. David Muir, John Devereux, Paul Telford and Myles McGregor–Lowndes. CPNS Working Paper 18. Recent Developments in the Liability of Directors and Committee Members of Nonprofit Associations. Sievers, A.S. (revised to 1995) PONC Working Paper 7 Facing up to the Liabilities of Nonprofit Enterprise. McGregor–Lowndes, Myles. Nonprofit Directors’ and Officers' Insurance (1995). Waller, Mark.PONC Working Paper 12. A Strategy to Minimise and Finance Liabilities (1992). McGregor–Lowndes, Myles. PONC Working Paper 11 CPNS Current Issues Information Sheets South Australian Volunteer Protection Legislation (PDF, 47kB) Queensland Volunteer Protection Legislation (PDF, 53kB) The Insurance Crisis (PDF, 48kB) CPNS Risk Management Bibliography of Resources (Word, 89kB) – a bibliography of risk management publications relevant to nonprofit organisations. CPNS article: "Cutting the Risks" (PDF, 13kB) by Myles McGregor–Lowndes, Courier Mail, 22 January 2002. Our one day seminar Civil Liability Solutions for Nonprofits on 12 May 2003 featured discussion of risk management, volunteer protection and other civil liability issues. Our Key Note speaker was Melanie Herman from the Nonprofit Risk Management Centre in Washington, D.C. Download presentations from some of our speakers: Melanie Herman: ’Lessons from America: How nonprofits have dealt with the Civil Liability Crisis’ (PowerPoint, 12,372kB) Myles McGregor-Lowndes: ’Civil Liability Act Volunteer Protection Provisions’ (PowerPoint, 59kB) Paul Telford: ’Civil Liability Act 2003 (Qld) and The Changing Law of Negligence’ (PowerPoint, 594kB) Inquiry into the impact of public liability and professional indemnity insurance cost insurances (22 October 2002) This is the report of the Federal Parliament’s Economics Committee. It includes references to the insurance and civil liability difficulties of nonprofit organisations. Our Community The Our Community website has fact sheets about risk management and insurance. It has details on the Australian Community Group Insurance Scheme and other bulk buying insurance schemes in each State and Territory. Also see... National Safety Council Volunteering Australia’s guide book: ’Running the Risk: Risk Management Tool for Volunteer Involving Organisations’’. Arthur J. Gallagher & Co brokers and risk managers. Queensland Government Risk Management website. David Muir’s article on Golfing and Civil Liability Act 2003 (PDF, 93kB) NCOSS (Council of Social Service of NSW) Insurance Project Brisbane City Council ’Our Brisbane’ risk resources for community groups Treasury Board of Canada ’Integrated Risk Management Manual’ Summary of Volunteer Protection Legislation and resources for nonprofit organisations by jurisdiction Australian - Commonwealth - ACT - New South Wales - Northern Territory - Queensland - South Australia - Tasmania - Victoria - Western Australia International - UK - USA Australian Commonwealth The Review of the Law of Negligence (the Ipp Report) was announced by the Minister for Revenue and Assistant Treasurer on 2 July 2002. The panel was jointly established with the States and Territories - http://revofneg.treasury.gov.au/content/review2.asp At the second Ministerial Meeting on Public Liability Insurance on 30 May 2002, Ministers agreed, among other issues, to consider state legislation for the protection of volunteers and not-for-profit organisations. Federal Parliament has passed the Commonwealth Volunteers Protection Act 2003, which protects volunteers working for the Commonwealth from civil liability. For further information on Commonwealth initiatives refer to the Minister for Revenue, Senator Mal Brough’s website: http://assistant.treasurer.gov.au. The Federal Parliament is considering the Workplace Relations Amendment (Protection for Emerging Management Volunteers) Bill 2003 to make it unlawful to dismiss an employee who is temporarily absent from work on voluntary emergency management duty. http://www.aph.gov.au top Australian Capital Territory The Civil Law (Wrongs) Act 2002 provides protection for volunteers and "Good Samaritans". The ACT is establishing a risk advisory service directed at the community, non-profit, sporting and small business sectors. A number of options are being considered for group buying. Legislation: http://www.legislation.act.gov.au/ New South Wales New South Wales Parliament enacted the Civil Act 2002 on 20 March 2002. Stage Two of the NSW Tort Reform took form in the Civil Liability Amendment (Personal Responsibility) Act 2002, which covers protection for volunteers under "Good Samaritan" legislation. New South Wales has halved the stamp duty on insurance to 5% for premiums paid on or after 4 June 2002 for contracts of insurance or renewals of contracts of insurance that take effect on or after 1 August 2002. New South Wales has provided funding to establish a group–buying and risk management facility for not–for–profit bodies. Legislation: http://www.legislation.nsw.gov.au/. Northern Territory The Personal Injuries (Liabilities and Damages) Act includes exempting volunteers from being sued when undertaking work for their volunteer organisation and protection for "Good Samaritans". The Northern Territory also is facilitating participation of Northern Territory not–for–profit community groups in the Queensland Group Insurance Scheme and has amended the standard insurance requirements in Government contracts. Legislation: http://notes.nt.gov.au/dcm/legislat/legislat.nsf?OpenDatabase Queensland Stage one of Queensland’s tort reform was embodied in the Queensland Personal Injuries Proceedings Act 2002 and was followed by the Civil Liabilities Act 2003. The latter Act includes a level of protection for volunteers from personal civil liability. Queensland has announced a reduction in stamp duty on public liability insurance premiums for not-for-profit organisations. Queensland has established a group insurance scheme for not-for-profit organisations. The group insurance scheme commenced operations on 1 September 2002. Queensland Legislation The Personal Injuries Proceedings Act 2002 The Civil Liability Act 2003 Legislation: http://www.legislation.qld.gov.au Queensland Government Insurance Crisis for Community Organisations website Queensland Government Insurance Task Group Report Queensland Government Community Organisations Group Insurance Scheme See: http://www.treasury.qld.gov.au/subsites/groupinsurance/need_ins_now.htm Queensland Government Risk Management website Assists in basic risk management with an interactive tutorial See: http://www.riskmanagement.qld.gov.au/ Sport and Recreation – Queensland Government Links to sports insurance reports Links to sports insurance management See: http://www.srq.qld.gov.au/ Queensland Government Public Liability Insurance Stamp Duty Concession for Community Organisations Fact sheet on insurance stamp duty waiver (PDF 54kb) Application form for waiver of stamp duty (PDF 92 kb) See:http://www.osr.qld.gov.au/taxes/duties/stamp.shtml The Queensland Government Department of Emergency Services has released its "Review of the State Counter-Disaster Organisation Act 1975 – Discussion Paper". A significant part of the paper deals with volunteer liability issues, see sections 2.4 and 2.5. See: http://www.emergency.qld.gov.au South Australia The Wrongs (Liability and Damages for Personal Injury) Amendment Act (which received assent on 12 September 2002 includes the protection of "Good Samaritans". The Volunteer Protection Act 2001 seeks to protect volunteers of government and incorporated bodies from liability for claims. The related Good Samaritans (Limitation of Liability) Act 2002 protects those who come to the aid of a victim in an emergency. South Australia has conducted risk awareness raising and advisory sessions for volunteer and community groups. Legislation: http://www.legislation.sa.gov.au/index.aspx CPNS website information sheet (PDF, )on SA Volunteer Protection Tasmania In an April 2003, a press release from the Treasurer and Minister for Employment indicated that legislation to protect volunteers from being sued would be introduced in the 2003 budget session of Parliament. The Civil Liability Amendment Act 2003 has been enacted and is available for viewing on the Tasmanian legislation website. Victoria The Victorian Parliament passed the Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 which received assent on 22 October 2002 and includes protection of volunteers, "Good Samaritans" and donators of free food. Victoria has acted on a sector–by–sector basis to assist groups most severely disadvantaged by the lack of availability and increased prices of insurance. Action includes: the creation of a group insurance scheme for community organisations providing a grant of $330,000 to the Municipal Association of Victoria (MAV) for the development of risk mitigation activities that are linked to the community group insurance scheme. Legislation: http://www.dms.dpc.vic.gov.au/ Western Australia Western Australia passed the Civil Liability Act 2002. The Insurance Commission of WA Amendment Act 2002 enables the government’s insurance arm to provide insurance cover to eligible not–for–profit and community organisations who are unable to find relevant, affordable or any cover at all. More details at: http://www.icwa.wa.gov.au/cifund/cif_cif.shtml The Volunteer (Protection from Liability) Act 2002, provides many volunteers with qualified immunity from personal liability when doing community work. The legislation is not available on the web, but information about the Act is available on the Department of Sport and Recreation website. Legislation: http://www.dsr.wa.gov.au/programs/volunteers/volunteers%20protection%20bill.asp International UK Volunteering England: Risk, risk management and volunteering. Getting a Grip: Risk, risk management and volunteering. A review of the literature. By Katharine Gaskin. Available as a word document or a pdf. Reasonable Care: Risk, risk management and volunteering in England - Results of surveys of organisations and individuals.  By Katharine Gaskin. Available as a word document or a pdf. The Charity Commission The Charity Commission is the prime regulator of nonprofit organisations in England and Wales and its web site has rich materials on many operational issues for charities and community organisations. Two publications are useful for Australian community organisations to consider: Charities and Insurance http://www.charity-commission.gov.uk/publications/cc49.asp Charities and Risk Management http://www.charity-commission.gov.uk/investigations/charrisk.asp USA Nonprofit Risk Management Centre one of the richest sites of reliable information for risk management and insurance of nonprofit organisations. Risk management on line tutorials Large range of publications http://www.nonprofitrisk.org Public Entity Risk Institute (PERI) http://www.riskinstitute.org

 

Commonwealth Government Minister welcomes approval for not-for-profit insurance pool. Press release by the Minister for Revenue and Assistant Treasurer, Senator Hon Helen Coonan, 28 November 2002. Professional indemnity for advisers: impact of proportionate liability and capping. Report prepared by Trowbridge Delotte 13 November 2002. Meeting gives tick to national negligence package. Press release by the Minister for Revenue and Assistant Treasurer, Senator Hon Helen Coonan, 15 November 2002. Minister welcomes Final Negligence Review Report. Press release by the Minister for Revenue and Assistant Treasurer, Senator Hon Helen Coonan, 2 October 2002. Minister welcomes First Negligence Review Report. Press release by the Minister for Revenue and Assistant Treasurer, Senator Hon Helen Coonan, 2 September 2002. Government introduces structured settlements legislation Press release by Senator the Hon Helen Coonan, 6 June 2002. Liability meeting makes significant progress Press release by Senator the Hon Helen Coonan, 30 May 2002. Public liability insurance : practical proposals for reform: Report to the Insurance Issues Working Group of Heads of Treasuries, 30 May 2002. The Assistant Treasurer - Joint Communique - Ministerial meeting on public liability [28/03/2002]. Released by Senator the Hon Helen Coonan. Public Liability Insurance : Analysis for Meeting of Ministers Report prepared by Trowbridge, 26 March 2002. ACCC Insurance Industry Market Pricing Review Joint media release by Senator the Hon Helen Coonan and Senator the Hon Ian Campbell, 26 March 2002. Joint communique Ministerial meeting on insurance issues [Attachment A contains a list of relevant Commonwealth and State legislation] Released by Senator the Hon Helen Coonan, 4 April 2003 State Government Responses NSW Community insurance to fill liability void for not-for-profits. Joint press release by Hon Bob Carr, Premier of NSW, and the Insurance Council of Australia, 5 September 2002. Public liability insurance Press release by Michael Egan, NSW Treasurer, outlining a seven point plan, 26 March 2002. Public liability insurance Press release by Hon Bob Carr, Premier of NSW, 20 March 2002. NSW leads Australia on public liability reform as Premier Carr releases bill, Press release by Hon Bob Carr, 7 March 2002. Qld Beattie foreshadows tougher negligence laws. Ministerial media statement by Hon Peter Beattie, Queensland Premier, 9 September 2002. Community groups to save on insurance through Queensland government scheme. Ministerial media statement by Hon Peter Beattie, Queensland Premier, 27 August 2002. Queensland leads the nation in public liability reform Ministerial media statement by Hon Rod Welford, Attorney-General & Justice, 26 July 2002. Cabinet acts on medical indemnity and public liability insurance Ministerial media statement by Hon Peter Beattie, Queensland Premier, 7 May 2002. Queensland Premiers Task Force Report February 2002. SA Proposed law will let people say sorry Press release by the SA Treasurer, Hon Kevin Foley, 13 August 2002. Tas Tackling the cost of insurance. Press release by the Tasmanian Treasurer, Hon David Crean, 25 Nov 2002. National solution to public liability crisis Press release by the Tasmanian Treasurer, Hon David Crean, 15 Nov 2002. Vic Bracks introduces insurance legislative reforms Press release by the Premier Steve Bracks, 12 Sept 2002. Bracks Government leads the way on public liability insurance Press release by the Victorian Finance Minister, Hon John Lenders, 30 May 2002. WA State government moves to further protect against public liability crisis Media statement by the WA Premier, Hon Geoff Gallop 14 November 2002. Legislation Commonwealth Taxation Laws Amendment (Structured Settlements) Bill 2002 6 June 2002. Commonwealth Trade Practices (Liability for Recreational Services) Bill 2002 June 2002. NSW Civil Liability Amendment (Personal Responsibility) Bill 2002 Consultation draft NSW Civil Liability Act Received assent 18 June 2002, commenced 20 March 2002. QLD Personal Injuries Proceedings Act Commenced 18 June 2002. SA Wrongs (Liability and Damages for Personal Injury) Amendment Act 2002 (now incorporated into the Wrongs Act 1936) SA Recreational Services (Limitation of Liability) Act 2002 SA Statutes Amendment (Structured Settlements) Bill Tasmania Civil Liability Act (No. 54) 2002 Victoria Wrongs and Other Acts (Public Liability Insurance Reform) Bill WA Civil Liability Amendment Bill 2003 Introduced into Legislative Assembly 14 August 2002. WA Insurance Commission of Western Australia Amendment Bill (No 34) 2002 WA Volunteers (protection from Liability) Act 2002 Parliamentary Libraries-Publications Commonwealth Liability insurance premium increases : causes and possible government responses prepared by David Kehl, 19 March 2002 . New South Wales Public liability Briefing -Update by Roza Lozusic no.11/2002. Public liability Briefing Paper by Roza Lozusic no. 7/2002. Senate Economics Committee Inquiry into the impact of public liability and professional indemnity insurance cost increases. A Review of Public Liability and Professional Indemnity Insurance Other Links Living with risk in our society An address by Harry Gibbs at the Australian Academy of Technological Sciences and Engineering Symposium, 14 May 2002. Public liability insurance public position papers Views of the Australian Plaintiff Lawyers Association Insurance Council of Australia Australian Competition and Consumer Commission Law Council of Australia Online Opinion