Description of cover
Extent of cover

Description of cover    

• the negligent actions of an agency and/or an agency representative acting within the course and scope of his or her employment (“public [general] liability”). This includes third party injury or damage caused by the activities of groups working on behalf of an agency, such as volunteers and work experience students (however, in these circumstances, the cover is generally limited to the liability of the Crown, not the individual’s own liability – see Extent of Cover for exceptions to this rule);

• a breach of managerial duties by a director, manager, officer or any other person involved in the management of an agency, or an act or omission in relation to the discharge of their functions as an officer of the agency (“directors and officers liability”);

• a breach of the professional duties of an agency or its representative (“professional indemnity”), or any act, error or omission in the provision of medical services (“medical liability”). Examples of professional negligence could include:

• incorrect advice given to a third party on a child welfare matter;
• incorrect advice given to a third party employer regarding employee safety; and
• incorrect advice given to a land owner/occupier for a crop management problem.

• anything manufactured, serviced, altered or prepared by an agency (“product liability”). Examples could include:

• illness caused by contaminated food prepared in a hospital or school canteen;
• injury to a member of the public caused by a protruding nail on an item of furniture manufactured by an agency; or
• injury or damage resulting from incorrect or insufficient labelling or instruction on or about a product.

• Motor Vehicles for information on third party property damage claims arising from the use of a registered motor vehicle; and

• Marine Hull for information on personal injury or property damage claims by a third party arising from the use of watercraft.

Extent of cover    

• employees of the University of Tasmania undertaking public duties or functions assigned by the State, or work on behalf of the State specified in a conjoint appointment agreement;

• staff employed by companies contracted (pre-1998) to provide professional services to the State and whose contracts do not include a requirement for professional indemnity cover; and

• volunteers who are under the direct control of an agency, ie they are directly appointed by the agency (and can be dismissed by the agency) and there is a high level of agency supervision (see Volunteer Guidelines for further information on the management of volunteers). Note that under the Civil Liability Act 2002 individual volunteers acting in good faith are generally exempted from liability arising from his/her negligence. It is the organisation that is directing the volunteer that incurs the liability. Accordingly, the Fund provides public liability cover to an agency where there is a claim made by a third party arising out of a negligent act of a volunteer controlled by the agency. However, an agency would not be expected to be liable, and therefore the Fund will not respond, in circumstances where the volunteer:

• acts outside the scope of the activities authorised by the agency, or contrary to its instructions; or
• is affected by alcohol or certain other drugs at the time of the incident; or
• is involved in a motor vehicle accident,

• students involved in workplace learning if they are enrolled at a government school or college when participating in:

• school-initiated workplace learning programs, provided that the students are 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,

• home-educated students registered with the Tasmanian Home Education Advisory Council (THEAC) when participating in VET learning activities, provided that the student is placed with a Department of Education approved business in Tasmania or interstate, and the businesses comply with any relevant Department of Education guidelines; and

• students of the Tasmanian Polytechnic, Tasmanian Academy and Tasmanian Skills Institute participating in work placements approved by those entities.

• public hospitals and other public health facilities;

• doctors and other health professionals employed by the State (if determined by the Inter-Agency Committee on Actions Against Public Servants);

• private doctors (visiting medical officers) treating public or private patients in a public facility; and

• University of Tasmania employees undertaking medical activities in a public hospital or other public health facility.

• students participating in regular school activities including excursions, school camps, after hours school sport etc (other than vocational education and training [VET] and Special and Alternative Learning Programs); or

• apprentices; or

• students from the University of Tasmania 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 public liability insurance policy prior to commencement; or

• parliamentarians.

• the amount that an agency is legally liable to pay to a third party; and

• any claim investigation and/or legal fees (provided that the claim investigation fees are considered reasonable by the Fund Administration Agent and the legal services have been provided or sanctioned by the Office of the DPP),