Insurance Statutory Notice
Important: TO ENSURE YOUR CLUB AND MEMBERS ARE COVERED WITHIN GYMNASTICS AUSTRALIA'S NATIONAL RISK PROTECTION PROGRAM, PLEASE READ THE FOLLOWING IMPORTANT INFORMATION CAREFULLY.
Gymnastics Australia (GA) is not the insurer of the National Risk Protection Program. GA facilitates a national program on behalf of its members via an insurance broker partner,
Honan. It is the responsibility of all organisations taking part in the National Risk Protection Program (NRPP) to ensure that they are comfortable with the program, its coverage and its limitations.
Gymnastics Australia's National Risk Protection Program (the Program) includes a range of insurance products and services that apply to the following members of Gymnastics Australia and State Associations:
- GENERAL LIABILITY, PROFESSIONAL INDEMNITY and MANAGEMENT LIABILITY INSURANCE
- General liability, Professional Indemnity and Management Liability cover is provided to affiliated clubs who, upon approval of 2023 Club Affiliation, have actively indicated that they wish to opt-in to the insurance, and have paid all applicable insurance premiums within the Program.
- Clubs who were not affiliated in 2022:
- Clubs who are approved and/or pay the premiums PRIOR to 28 February 2023, in accordance with State Association procedures, receive cover from 1 January 2023 to 28 February 2024. For example: a club that is approved on 15 February 2023 will be covered from 1 January 2023 to 28 February 2024.
- Clubs who are approved and/or pay the premiums AFTER 28 February 2023 in accordance with State Association procedures will receive cover from the JOIN DATE* to 28 February 2024. For example: a club is approved or makes payment on 3 April 2023 will receive cover from 3 April 2023 to 28 February 2024.
- Renewing Clubs who were affiliated and opted-in to the insurance program in 2022:
- are covered for 2022 affiliation, and insurances until 31 March 2023
- Clubs who are approved and/or pay the premiums PRIOR to 28 February 2023, in accordance with State Association procedures, receive cover from 1 March 2023 to 28 February 2024. For example: a club that is approved on 15 February 2023 will be covered from 1 March 2023 to 28 February 2024.
- Clubs who are approved and/or pay the premiums AFTER 28 February 2023 in accordance with State Association procedures will receive cover from the JOIN DATE* to 28 February 2024. For example: a club is approved or makes payment on 3 April 2023 will receive cover from 3 April 2023 to 28 February 2024
- Clubs who DO NOT purchase Insurance through the Program (as per Section 6 of the Club Affiliation Form) will be excluded from General Liability, Professional Indemnity and Management Liability cover within the Policy Period. These clubs must comply with the National Insurance Minimum Requirements as outlined in Section 6 of the Club Affiliation Renewal form.
*Note: JOIN DATE refers to the nominated date of the club's affiliation approval. This date is nominated by the State/Territory Association and recorded in Gymnastics Australia's National Database.
FOR VERIFICATION OF YOUR CLUB'S AFFILIATION STATUS PLEASE CONTACT YOUR STATE/TERRITORY ASSOCIATION
- PERSONAL ACCIDENT INSURANCE
- Personal Accident cover is only provided to members who are registered on Gymnastics Australia's National Database (GOL) in accordance with the National Club Administration Policy.
- To ensure claims can be processed efficiently, clubs must ensure all participants in gymnastics programs are registered on the National Database (GOL) with all applicable details recorded accurately.
- Personal Accident insurance premiums are built into Gymnastics Australia and State/Territory Association fees. Clubs are advised to ensure all fees are paid and receipted accordingly for all participants where applicable.
- Personal Accident Insurance premiums are calculated and charged on a per member basis and included within GA’s national 'flat fee'.
FOR FURTHER INFORMATION REGARDING PARTICIPANT REGISTRATION PROCEDURES PLEASE CONTACT YOUR STATE/TERRITORY ASSOCIATION
- REGISTRATION AND AFFILIATION ENQUIRIES, PLEASE CONTACT YOUR STATE/TERRITORY ASSOCIATION OR VISIT THE FOLLOWING WEBSITE:
https://support.gymnastics.org.au/knowledgebase/article/KA-01198/en-us
- INSURANCE ENQUIRIES AND POLICY DETAILS
PLEASE CONTACT Honan Insurance:
Things to Note
- In the event of a liability claim, do not admit liability under any circumstances.
- External contractors and or subcontractors should carry their own Liability Insurance unless they are employees they will not be covered under the Public Liability Policy of Gymnastics.
- What should you do before signing a Hire/Lease/Rental agreement?
- Thoroughly read any agreement before signing.
- Some councils may ask you to sign an agreement which states that they will not be held liable in the event of injury arising as a result of use for training or events.
- Please note that there is a policy exclusion on your Public Liability policy if you sign an agreement which contains such “Indemnity and Hold Harmless” clauses.
Policies Applicable Excesses:
Public Liability
Nil excess
Products Liability
Excess $1,000
Professional Indemnity
Excess $1,000
EXCEPT; $25,000 Any One Occurrence (costs inclusive) in respect of Personal Injury arising out of the disciple of Trampoline Gymnastics and/or Personal Injury resulting in paraplegia, quadriplegia and/or tetraplegia
Management Liability Excess
Standard Excess $25,000
Crime/Fidelity $10,000
Employment Practices $10,000
Conditions of Management Liability Insurance:
- It is a condition precedent to indemnity a review of employment practices policy by specialist law firm
- It is a condition precedent to indemnity any disciplinary action for staff to be referred to specialist law firm prior to it taking place
- It is a condition precedent to indemnity fully audited financials each financial year
- It is a condition precedent to indemnity that RM seminars take place re financial management
- It is a condition precedent to indemnity that there be two signatories on every payment
Fidelity
Endorsement: Legal Expenses
An excess of $25,000 will apply to any claim made during the period of insurance where the Insured has incurred costs or legal expenses where We have not provided prior written approval or written consent for those cost or legal expenses.
What is Fidelity Insurance?
Fidelity Insurance reimburses the insured professional for a loss directly resulting from dishonest acts of their employees. Fidelity Insurance protects businesses from costs incurred as a result of forgery, defalcation, embezzlement and other fraudulent acts by employees.
Abuse Extension
Limit of Indemnity $250,000 any one claim and in the aggregate any one period of insurance (claims made basis) Deductibles: $10,000 any one claim Wording as per the Abuse extension wording Retroactive Date 30/09/2017
What is Abuse Extension?
This extension is on a claims made' basis. It only covers claims made against You and notified to Us during the period of insurance. However, provided you give Us notice in writing of any facts that might give rise to a claim against You, as soon as reasonable practicable after You become aware of those facts and before the expiry date of this insurance, then this insurance will respond, notwithstanding the fact that no claim has actually been made against You prior to the expiry date.
What Abuse Extension covers?
We hereby agree to indemnify You up to the Limit of Liability against all sums which you shall become legally liable to pay by the way of compensation (excluding redress, punitive, exemplary, aggravated and/or multiple damages) as a result of a Claim or Claims first made against You and notified in writing to Us during the period of insurance stated in the Schedule by reason of Personal Injury arising out of Abuse or attempt threat committed or alleged to have been committed.
Abuse Extension exclusions:
We shall not be liable:
- for any liability in respect of which You are entitled to indemnify under any other insurance.
- for any liability arising from Abuse or attempt threat which occurred prior to the Retroactive Date specified in this Extension.
- for any liability arising from any facts and/or circumstances, of which You had become aware prior to commencement of the Period of Insurance, which is a reasonable person in Your position would have considered as facts and/or circumstances which may rise to a Claim or Claims under this Policy.
- to indemnify any perpetrator or alleged perpetrator of any Abuse or attempt threat.
- for any fines or penalties or the costs of defending any criminal proceedings
- for any Claim or Claims brought against You in any country or jurisdiction outside the commonwealth of Australia or New Zealand or Claims arising from the enforcement of any judgement, order or award in respect of any action first brought in any court of law, arbitration, tribunal or other judicial body outside the Commonwealth of Australia or New Zealand.
- for the Excess as set out under Condition 1 of this extension.
- for any liability from any government redress program or similar as agreed
Statutory Notice
A - YOUR DUTY OF DISCLOSURE - CONTRACTS OF GENERAL INSURANCE
Before you enter into a contract of general insurance with an Insurer, you have a duty, under the Insurance Contracts Act 1984, to tell the Insurer anything you know, or could reasonably be expected to know, that may affect the Insurer's decision to insure you and on what terms.
You have this duty until the insurer agrees to insure you. You have the same duty before you renew, extend, vary or reinstate an insurance contract.
You do not need to tell the insurer anything that::
- reduces the risk they insure you for; or
- is common knowledge; or
- they know or should know as an insurer; or
- they waive your duty to tell them about.
If you do not tell the insurer something:
If you do not tell the insurer anything you are required to tell them, they may cancel your contract or reduce the amount they will pay you if you make a claim, or both. If your failure to tell the insurer is fraudulent, they may refuse to pay a claim and treat the contract as if it never existed.
B - UTMOST GOOD FAITH
Every insurance contract is subject to the doctrine of utmost good faith, which requires that parties to the contract should act toward each other honestly and fairly, avoiding any attempt to deceive in assuming and performing contractual obligations.
Failure to do so on the part of the insured may permit the insurer to refuse to pay a claim or to cancel the policy or both.
C - NOT A RENEWABLE CONTRACT
Some policies terminate on the date indicated. We emphasise that such a policy is not a renewable contract. If you require similar insurance for any subsequent period, you will need to complete a new proposal so that terms of insurance and quotation/s can be prepared for your consideration prior to the termination of the current policy.
D - CHANGE OF RISK OR CIRCUMSTANCES
It is vital that you should advise us of any departure from your "normal" form of business (i.e. that which has already been conveyed to the Insurer). For example, acquisitions, changes in location, changes in GymSport or new activities.
E - CONTRACTUAL LIABILITY
You may prejudice your rights with regard to a claim if, without prior agreement from the Insurer, you make agreement with a third party that will prevent the Insurer from recovering the loss from that, or another party.
Your policy contains provisions that either exclude the Insurer from liability, or reduce their liability, if you have entered into any agreements that exclude your rights to recover damages from another party in relation to any loss, damage or destruction which would allow you to sustain a claim under this policy.