Property - Claims Process

General property claims

1. Immediate action required at the time of an incident
2. Reporting an incident
3. Managing a claim

StepActionTimingActions
1.Action required at the time of an incidentImmediately
  • At the time of an incident, agencies and their employees must:
    • take immediate action to minimise the extent of property damage (but not at the expense of their own safety);
    • notify an appropriate agency contact in accordance with established agency protocols;
    • record details of the incident, including witnesses' names and contact details; and
    • contact the police (if a crime has been committed).
  • Where third parties are involved, agencies and their employees must not:
    • admit liability, either verbally or in writing; or
    • agree to pay or settle any third party costs.
2.Reporting an incidentWithin 24 hours of the incident

The Claims/Incidents Report Form must be completed, signed and emailed to the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd (JLT) at tasclaims@jlta.com.au, within 24 hours of becoming aware of incidents which:

  • are likely to result in a claim; or
  • involve personal injury to a third party.

(Please use the marine hull claim form for claims involving vessels.)

Supporting documentation for transit claims (eg bill of lading or consignment note, invoic​​​e, claim on the carrier etc) should be attached to the claim form or separately forwarded to JLT as soon as they are available.
    Important: If a writ or other legal demand is received by an agency, it must be forwarded to the Office of the Solicitor-General, with a copy sent to the FAA, as soon as possible to allow the Office of the Solicitor-General to provide advice to an agency on the Crown’s liability. The Office of the Solicitor-General and the FAA must also be advised of details of any impending inquests or official enquiries.
     
    It is important that the Office of the Solicitor-General is provided with any legal demands received by an agency as soon as possible to ensure there is adequate time in which to provide appropriate advice to the agency and to lodge a defence. Agencies should contact the FAA for a claim number to accompany the referral to the Office of the Solicitor-General.

     
    Any other communication received from a third party should be forwarded to the FAA as soon as possible.

     

    Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.


    3.Managing a claimOngoing
    Fund Administration Agent
    • Upon receipt of a claim, the FAA will allocate a unique claim number to the claim and register it on its claims administration database.
      • JLT is responsible for administering all claims in accordance with written instructions provided by agencies and, where applicable, the Office of the Solicitor-General. This includes:
        • appointing and instructing loss assessors and/or investigators, if required;
        • providing ongoing claims management (not legal) advice and assistance to agencies;
        • regularly providing agencies with reports on the progress of, and actual and outstanding costs associated with, each claim including copies of reports from investigators / loss assessors;
        • where required, negotiating settlements with third parties, or representing the agency in court, with regard to small claims (ie claims up to $5000) and, where appropriate, ensuring that a Deed of Release is prepared by the Office of the Solicitor-General and signed by the claimant to prevent further action arising from the same incident.  The FAA is under instruction not to release a settlement cheque without a signed Deed of Release; and
        • paying claim costs and settlements.
      It is important that all claims are registered by the FAA to ensure that the Crown's contingent liability is not underestimated.

       
      Office of the Solicitor-General
       
      The Office of the Solicitor-General is exclusively responsible for providing legal advice on claims.

       

      The Office of the Solicitor-General must be involved in all negotiations, settlements, or court appearances regarding large or complex claims and any claims concerning personal injury (excluding those personal injury claims made by approved agency volunteers where the amount of the claim does not, or is not likely to, exceed $10 000).

      Large and/or complex claims include all claims EXCEPT FOR claims that meet ALL the following criteria:

      • ​the amount claimed is less than $10 000 (including legal costs) arising from the one event or connected series of events; and
      • ​the State's legal liability is clear; and
      • there is unlikely to be any suggestion in future that settlement constitutes a precedent for other claims. 

      The Office of the Solicitor-General must also be advised whenever a legal demand is received by an agency (refer above).

        The Office of the Solicitor-General will arrange for external legal assistance, in consultation with the agency, if it determines that it is required.

        The Fund will only reimburse agencies if the Office of the Solicitor-General considers there to be a legal liability on the part of the Crown and that a settlement amount is reasonable. Agencies are directly responsible for any additional amounts paid. If an action is to be settled, a Deed of Release must first be prepared by the Office of the Solicitor-General and signed by the claimant.


          Agencies
            • Agencies are ultimately responsible for the management of claims and must instruct JLT in writing and, where appropriate (refer above), the Office of the Solicitor-General, regarding the management of those claims.

            Building claims

            1. Immediate action required at the time of an incident
            2. Reporting an incident
            3. Managing a claim

            StepActionTimingActions
            1.Action required at the time of an incidentImmediately
            • At the time of an incident, agencies and their employees must:
              • take immediate action to minimise the extent of property damage (but not at the expense of their own safety);
              • notify an appropriate agency contact in accordance with established agency protocols;
              • record details of the incident, including witnesses' names and contact details; and
              • contact the police (if a crime has been committed).
            • NOTE: In accordance with section 38 of the Work Health and Safety Act 2012, the regulator must be immediately advised of all incidents resulting in death or serious injury or illness (see section 36 for what constitutes a serious injury or illness), or a dangerous incident (see section 37 for what constitutes a dangerous incident), followed by a written report within 48 hours if required by the regulator.

              In accordance with section 39 of the Work Health and Safety Act 2012, the employer must ensure so far as is reasonably practicable, that the site is not disturbed until an inspector arrives (or earlier if the inspector directs), unless this is necessary to assist an injured person for example.
            • Where third parties are involved, agencies and their employees must not:
              • admit liability, either verbally or in writing; or
              • agree to pay or settle any third party costs.
            2.Reporting an incidentWithin 24 hours of the incident

            The Claims/Incidents Report Form must be completed, signed and emailed to the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd (JLT), at tasclaims@jlta.com.au within 24 hours of becoming aware of incidents which:

            • are likely to result in a claim; or
            • involve personal injury to a third party.

            ImportantIf a writ or other legal demand is received by an agency, it must be forwarded to the Office of the Solicitor-General, with a copy sent to the FAA, as soon as possible to allow the Office of the Solicitor-General to provide advice to an agency on the Crown’s liability. The Office of the Solicitor-General and the FAA must also be advised of details of any impending inquests or official enquiries.

            It is important that the Office of the Solicitor-General is provided with any legal demands received by an agency as soon as possible to ensure there is adequate time in which to provide appropriate advice to the agency and to lodge a defence. Agencies should contact the FAA for a claim number to accompany the referral to the Office of the Solicitor-General.

            Any other communication received from a third party should be forwarded to the FAA as soon as possible.

            Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.

            If the property is leased, the property owners should also be advised of any incidents as they may have resulted in damage to the "base-building" (owner-responsibility) as well as to "fit out" (agency-responsibility).

            3.Managing a claimOngoing
            Fund Administration Agent
            • Upon receipt of a claim, the FAA will allocate a unique claim number to the claim and register it on its claims administartion database. 
              • JLT is responsible for:
                • (following consultation with the agency) appointing and instructing a loss assessor and investigators, if required;
                • providing claim management advice to agencies and, through agencies, the Office of the Solicitor-General;
                • if requested by an agency, managing minor claims (up to $100 000), including appointing repair contractors, through a formal process that ensures value for money and that the process is open and transparent, adequately testing the market;
                • regularly providing agencies with reports on the progress of, and actual and outstanding costs associated with, each claim including copies of reports from investigators / loss adjusters;
                • where required, negotiating settlements with third parties;
                • where appropriate, ensuring that a Deed of Release is prepared by the Office of the Solicitor-General and signed by the claimant to prevent further action arising from the same incident. The FAA is under instruction not to release a settlement cheque without a signed Deed of Release; and
                • paying claim costs and settlements.
              Agencies
              • ​Agencies are responsible for:
                • making the site safe and, if necessary, organising alternative accommodation. In order to expedite this process, agencies should consider agreeing a pre-determined cost limit with JLT. Agencies may then spend up to this limit without needing to consult with JLT first; and
                • organising and supervising repairs or building works, including scoping the work, preparing documentation etc, in accordance with government building and construction procurement guidelines (agencies may choose to delegate the management of repairs valued at less than $100 000 to JLT). The loss assessor must be involved throughout this process. Claims over $100,000 and up to $2 million are the responsibility of the Agency to manage. Claims over $2 million, or where Treasury determines that special circumstances exist, will be considered by a working group comprising a representative of the Agency, the FAA and Treasury. The working group will determine the claims management process to be followed on a case-by-case basis.
              • A​gencies must also instruct JLT (in writing) and, where applicable, the Office of the Solicitor-General, regarding the management of third-party claims, as the Agency is ultimately responsible for the management of claims.
              Office of the Solicitor-General
               
              The Office of the Solicitor-General is exclusively responsible for providing legal advice on claims.

                The Office of the Solicitor-General must be involved in all negotiations, settlements, or court appearances regarding large or complex third-party claims and any claims concerning personal injury (excluding those personal injury claims made by approved agency volunteers where the amount of the claim does not, or is not likely to, exceed $10 000).

                Large and/or complex claims include all claims EXCEPT FOR claims that meet ALL the following criteria:

                • the amount claimed is less than $10 000 (including legal coast) arising from the one event or connected series of events; and
                • the State's legal liability is clear; and
                • there is unlikely to be any suggestion in future that settlement constitutes a precedent for other claims. 

                The Office of the Solicitor-General must also be advised whenever a legal demand is received by an agency (refer above).

                  The Office of the Solicitor-General will arrange for external legal assistance, in consultation with the agency, if it determines that it is required.

                  The Fund will only reimburse agencies if the Office of the Solicitor-General considers there to be a legal liability on the part of the Crown and that a settlement amount is reasonable. Agencies are directly responsible for any additional amounts paid. If an action is to be settled, a Deed of Release must first be prepared by the Office of the Solicitor-General and signed by the claimant.

                  All claims must be managed in adherance to the Building Claims Policy.


                  Motor vehicle claims

                  1. Immediate action required at the time of an incident
                  2. Reporting an incident
                  3. Managing a claim

                  StepActionTimingActions
                  1.Action required at the time of an accident / incidentImmediatelyAction required at the time of an accident/incident:
                  • Ensure your own safety and the safety of others.
                  • Assist where applicable.
                  • Ring for an ambulance or ask a bystander to do so.
                  • Call the police if someone is injured, there is major damage, alcohol or illicit drugs are involved, or if the owner of any damaged property (vehicles, buildings, animals etc.) cannot be found. If police do not attend the accident, you must complete a self-reporting accident form at a police station within 24 hours.
                  • Exchange driver names, addresses, phone and licence number details; company names and addresses (if applicable); and insurance company and policy details.
                  • Note the make, model and registration number of other vehicles involved in the accident.
                  • Obtain witness names, addresses and phone numbers.
                  • If necessary, call the Government's Fleet Manager to arrange towing (remember to remove any valuables, including the Fuel Card).
                  • Do not admit liability, either verbally or in writing, or agree to pay or settle any third party costs.
                  • If a third party wishes to make a claim against an agency, he/she should be advised to contact the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd, (JLT).
                  2.Reporting an incidentWithin 24 hours of the incidentReporting an incident:
                  • All incidents must be reported by the driver to the responsible agency representative within 24 hours.
                  • If the incident is likely to result in a claim, the agency representative will advise the driver to complete a motor vehicle claim form and obtain two quotations from the Government Fleet Manager's approved repairers (as advised by the agency representative). The agency representative will forward the completed claim form and the quotations to JLT.(NB: When drawing a diagram of the accident on the claim form, show vehicle direction, resting place and street names. Also include road signs, eg "Stop" or "Give Way").
                  • The agency representative must notify the Fleet Manager of all incidents involving the Government Fleet vehicles.
                  Important: If a writ or other legal demand is received by an agency, it must be forwarded to the Office of the Solicitor-General, with a copy sent to the FAA, as soon as possible to allow the Office of the Solicitor-General to provide advice to an agency on the Crown’s liability. The Office of the Solicitor-General and the FAA must also be advised of details of any impending inquests or official enquiries.
                   
                  It is important that the Office of the Solicitor-General is provided with any legal demands received by an agency as soon as possible to ensure there is adequate time in which to provide appropriate advice to the agency and to lodge a defence. Agencies should contact the FAA for a claim number to accompany the referral to the Office of the Solicitor-General.
                   
                  Any other communication received from a third party should be forwarded to the FAA as soon as possible.

                  Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.

                  3.Managing a claimOngoingThe Fund Administration Agent

                  JLT is responsible for administering all over-excess claims in accordance with written instructions provided by agencies and, where applicable, the Office of the Solicitor-General. This includes:
                  • checking that claim documentation is correct and complete - incorrect or incomplete documentation will be returned to the agency for correction;
                  • appointing and instructing loss assessors and/or investigators, if required;
                  • obtaining a police report, if necessary and available;
                  • advising the agency representative (by email) details of the repairer who has been authorised to proceed with repairs;
                  • providing claim management advice to agencies and the Office of the Solicitor-General;
                  • regularly providing agencies with reports on the progress, and actual and outstanding costs associated with each claim, including copies of reports from investigators / loss adjusters;
                  • dealing with third parties and/or their insurers including recovering or paying costs as appropriate and, where required, negotiating settlements and ensuring that an agreement to settle (offer & acceptance) is completed to prevent further action;
                  • if required, representing an agency in court with regard to small claims (ie claims up to $5 000); and
                  • paying claim costs and settlements.

                  Under Excess Claims

                  Agencies are responsible for managing under excess claims (ie claims where the total cost of the claim, including third party costs, is less than the excess amount). JLT can provide assistance if an agency requests, for a fee.

                  Agencies must follow government procurement requirements (see the Buying for Government section at www.purchasing.tas.gov.au) when organising repairs. Agencies must not authorise repairs for vehicles leased through the Government's Fleet Manager without the prior consent of the Fleet Manager.

                  When dealing with third parties:
                  • if the agency accepts liability - the third party should be requested to make a written claim and attach two written quotations. The agency should seek to settle the claim based on the lowest quotation;
                  • if the third party is at fault:
                    • contact the third party seeking reparation either from the third party's insurance company or directly; and
                    • if the third party fails to respond, the agency will need to decide whether to persist with recovery either through the Office of the Solicitor-General, (however, the agency should weigh up the cost of obtaining advice which may be in the region of $150 - $200 per hour, against the likelihood of successfully recovering the funds from the third party) or by making a minor civil claim through the Magistrates Court. Note that agencies must present their own cases in Court when making a minor civil claim, although they may seek prior legal advice from the Office of the Solicitor-General if required (see Magistrates Court and then select Divisions of the Court / Civil for advice on making a claim and court procedural information);
                  • if fault is disputed - the agency should seek to minimise costs, either by negotiating with the third party or, if necessary, by referring the matter to the Office of the Solicitor-General or the Small Claims Tribunal.

                  Office of the Solicitor-General
                   
                  The Office of the Solicitor-General is exclusively responsible for providing legal advice on claims.
                   

                  The Office of the Solicitor-General must be involved in all negotiations, settlements, or court appearances regarding large or complex third-party claims any any claims concerning personal injury (excluding those personal injury claims made by approved agency volunteers where the amount of the claim does not, or is not likely to, exceed $10 000).

                  Large and/or complex claims include all claims EXCEPT FOR claims that meet ALL the following criteria:

                  • the amount claimed is less than $10 000 (including legal costs) arising from the one event or connected series of events; and
                  • the State's legal liability is clear; and
                  • there is unlikely to be any suggestion in future that settlement constitutes a precedent for other claims.

                  The Office of the Solicitor-General must also be advised whenever a legal demand is received by an agency (refer above).

                  The Office of the Solicitor-General will arrange for external legal assistance if it determines, in consultation with the agency, that it is required.

                  The Fund will only reimburse agencies if the Office of the Solicitor-General considers there to be a legal liability on the part of the Crown and that a settlement amount is reasonable. Agencies are directly responsible for any additional amounts paid. If an action is to be settled, a Deed of Release must first be prepared by the Office of the Solicitor-General and signed by the claimant.


                  Checklist for LeasePlan vehicles

                    TRMF - Motor Vehicle Accident Incident Checklist.pdf   (32Kb)


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