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Personal Accident - Cover
 
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Introduction
Volunteers
Parliamentarians
Students involved in Workplace Learning
Other

Introduction     

The Fund provides agencies with no-fault personal accident cover for people who are not covered under the Workers Rehabilitation and Compensation Act 1988 (ie who are not employees of an agency) if they:
  • suffer or aggravate an injury which arises out of, and in the course of, their assistance to the government; or
  • contract a disease for which their assistance to the government was the major contributor.

This may include nominated agency volunteers, board members, Parliamentarians and students involved in workplace learning.

Generally, people that are to be covered by the Fund for personal accident must be under direct agency control. The indicative factors evidencing the presence of agency control in relation to the above are:
  • the individual/group being appointed directly by the agency;
  • the existence of a high level of agency supervision over the activities of the individual or group; and
  • the agency having the power to dismiss the individual or group.

For information on other cover that may be provided to people who are not employees of an agency, see Liability - cover and Property - cover.

Volunteers    

The Fund provides personal accident cover to persons who are acting in the capacity of a volunteer for an agency under the agency’s direction.

Personal accident cover does not apply to volunteers:
  1. deemed to be workers for the purposes of the Workers Rehabilitation and Compensation Act 1988 and who are thereby eligible to compensation under that Act – for example, volunteer fire-fighters, police and ambulance workers are deemed to be workers while they are engaged in their volunteer duties; or
  2. entitled to compensation in accordance with the Workers Rehabilitation and Compensation Act 1988 under certain legislation – for example, a person assisting an officer to carry out official functions under the Nature Conservation Act 2002 (section 71) or National Parks and Reserves Management Act 2002 (section 86).

These volunteers are deemed to be workers while they are engaged in their volunteer duties and the nominated agency excess for workers’ compensation claims will apply. See Workers’ Compensation - cover for further information.

See Volunteer Guidelines for information on volunteer management.

Parliamentarians    

The Fund provides personal accident cover to Ministers and Members of the Tasmanian Parliament if they:
  • suffer or aggravate an injury which arises out of, and in the course of, their official parliamentary duties; or
  • contract a disease for which their official parliamentary duties was the major contributor.

Students involved in Workplace Learning    

Government schools and colleges
TAFE Tasmania
Home educated
Non-government schools
University of Tasmania

Government schools and colleges

The Fund provides personal accident cover for students if they are enrolled at a government school or college when participating in:
  • school-initiated workplace learning programs, provided that the student is placed with a Department of Education approved business in Tasmania or interstate; or
  • Department of Education approved workplace learning activities as part of a vocational education and learning (VEL) program; or
  • Department of Education approved Special and Alternative Learning Programs.

Students participating in regular school activities including excursions, school camps, after-hours school sports etc (other than vocational education and training (VET) and Special and Alternative Learning Programs) are not covered in respect of personal accident.

Tasmanian Polytechnic, Tasmanian Academy and Tasmanian Skills Institute

The Fund provides personal accident cover for students if they are enrolled at either the Tasmanian Polytechnic, the Tasmanian Academy or the Tasmanian Skills Institute when participating in work placements approved by those entities.

Students participating in regular school activities including classroom work, workshops etc are not covered in respect of personal accident.

Home educated

The Fund does not provide personal accident cover for students registered with the Tasmanian Home Education Advisory Council (THEAC) when participating in VET learning activities.

Non-government schools

Students enrolled in non-government schools are not covered by the Fund and need to be insured by the schools in which they are enrolled.

University of Tasmania

Students from the University of Tasmania are not covered by the Fund when on work experience with agencies as part of their course. Students from the University should be asked to provide the agency with evidence that they are covered by the University’s personal accident insurance policy prior to commencement.

Other    

Where there is no employment relationship between an agency and a person but the circumstances are such that the agency wishes to offer the person cover for no-fault personal injury, the Fund may provide personal accident cover. In these circumstances, the agency must discuss cover with Treasury.

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