Insurance news from the MAV. 
MAV Insurance Bulletin

Issue 24: July 2015
Members-only content Members-only content
Existing members' login

In this issue:

Sign up to members-only website
Recent LMI court decision relevant to event management
New tree root specific claim form
Updated multiple member claims handling and dispute resolution protocols
Commencement of the MAV Insurance Members Reference Group
Another LMI court win against WorkSafe recovery
Disaster recovery toolkit for local government
Early childhood teacher registration
YMCA’s updated child protection policy
Victoria: Failure to Protect Children offence
Best Practice Forums: Round 1
2015 Tasmanian Conference
Thank you council speakers!
LMI Help Desk Q&A 
Events

Sign up to members-only website

To access members-only information, you'll need to sign up to the MAV's members-only website. Existing members can login immediately.

Sign up Members-only content
Existing member login Members-only content

Recent LMI court decision relevant to event management

The scheme recently received a County Court judgment that revolves around an underage event run by a council that was open to all ages, and deals with the appropriate level of supervision for such an event. We suggest that this article be shared with members’ event management teams.

The case was Moira Shire Council ats Fitzpatrick which ran to judgment in the County Court of Wangaratta in August 2014. The Judge reserved her decision and only recently delivered her judgment on 6 May.

Our lawyers, who ran the case on behalf of the scheme, have provided a summary of the key points from the decision. A full copy of the Judge’s decision is also available.

For further information or any questions email John Smith or call 9667 5589.

New tree root specific claim form

We have developed a new claim form specifically for tree root claims. This will help streamline assessment of these types of claims by gathering common key pieces of information at the outset via the claim form.

Members are asked to please use this new claim form for all tree root property damage claims.

For further information or any questions contact Charley Ferguson or Ivan Ciardullo.

Updated multiple member claims handling and dispute resolution protocols

It is common for claims under the LMI scheme to involve allegations of liability on behalf of multiple parties. It is even possible in rare cases for two or more LMI members to be implicated in the same claim. Whilst these cases are rare, litigation between LMI members is costly and time consuming and should be avoided wherever possible.

MAV Insurance has recently updated its processes for handling these claims and resolving any dispute between LMI Members in a less adversarial and more efficient way via a set of Dispute Resolution Protocols. If and when such cases eventuate the relevant members will be asked to confirm, on a claim by claim basis, their agreement to adopt these protocols in the event of a dispute as to each member’s level of liability for that claim.

For further information or any questions email John Smith or call 9667 5589.

Commencement of the MAV Insurance Members Reference Group

This year a Victorian MAV Insurance Member Reference Group was developed, with members from 13 councils representing each Victorian region. The group will meet intermittently throughout the year, to provide input regarding future LMI scheme services, to assist with ensuring the scheme remains current and relevant to all council members.

The first meeting of the group was held on 15 April, and a copy of the presentation is available in the members’ only section of the MAV Insurance website.

The first Tasmanian LMI Member Reference Group will be held on 29 July in Hobart with a good interest shown by members for representative participation.

Another LMI court win against WorkSafe recovery

On 26 June the County Court handed down its decision in the LMI matter of Loddon Shire and Anor ats Victorian Workcover Authority, finding in favour of the defendants against the VWA.

The proceedings were issued by the VWA seeking recovery of more than $185,000 worth of compensation payments made to the worker, Mr Quayle. Council had engaged Mr Quayle’s company to conduct a survey and assessment of trails and points of interest along the trails in and around the Tarnagulla township. As a contractor, the defendants argued that the system of work was a matter for Mr Quayle who chose to conduct the survey on a mountain bike.

In the course of his survey the worker attempted to ride up what he believed was a very steep ‘track’ when he collided with a wire fence used to separate the Tarnagulla Recreation Reserve, managed by the Tarnagulla Recreation Parks Committee of Management from the Tarnagulla Reservoir, managed by Loddon Council. During the trial the Judge visited the scene and commented in his decision on the steepness of the ‘track’.

The VWA alleged that the wire strand fence had been pushed down by people using the track and was difficult to see; virtually constituting a trap across what otherwise appeared to the worker to be a well-worn track up the side of the reservoir. The Court found that whilst council had entered into a contractual relationship with the worker’s employer as well as having all the usual obligations of an occupier of the land, it was not foreseeable that someone would attempt to ride up such a steep area, and besides the fence would still have been observable by the worker riding at a reasonable speed.

The Court ordered that the VWA must pay both defendants costs.

Disaster recovery toolkit for local government

The Disaster Recovery Toolkit for Local Government is now available, providing a range of tools, resources and literature to help local government and communities prepare for, respond to, and recover from disasters.

The toolkit is the result of a collaborative project with the 10 councils most affected by the 2009 Victorian bushfires. The participating councils were Alpine, Baw Baw, Latrobe, Mitchell, Mount Alexander, Murrindindi, Nillumbik, Wellington, Whittlesea and Yarra Ranges.

The project was guided by a Project Reference Group, chaired firstly by the Department of Planning and Community Development (DPCD) and then by Regional Development Victoria (RDV). Members included Local Government Victoria, the Department of Human Services and the MAV.

Early childhood teacher registration

The Victorian Institute of Teaching has released a circular, which provides information about the new registration system for early childhood teachers, beginning 30 September.

The circular is part of a series, providing critical information about the new system. Councils who deliver relevant programs should internally distribute a copy of the circulars.

YMCA’s updated child protection policy

Further to the YMCA’s presentations at the 2015 Tasmanian and 2014 Victorian MAV Insurance conferences, the body has recently released an updated Safeguarding Children and Young People policy.

The policy’s purpose is to promote a child-safe culture, protecting children from all forms of abuse, bullying and exploitation, and it may be a useful reference tool for councils while developing / updating their own procedures.

Read more 

Victoria: Failure to Protect Children offence

From 1 July, figures of authority that fail to report and protect a child from criminal sexual abuse could face criminal charges. The offence extends to staff that exercise care, supervision or authority over children, such as at child care centres.

Members are encouraged to visit the VMIA website for more information.

Best Practice Forums: Round 1

Round 1 of the 2015 Best Practice Forums were held in Victoria throughout April. Copies of all presentations can be found in the members’ only section of the MAV Insurance website.

Read more 

2015 Tasmanian Conference

The 2015 Tasmanian Conference was held in Hobart on 23-24 April, and was attended by 29 council staff, representing 17 councils throughout the state. Copies of all available presentations can now be found on the members’ only section of the MAV Insurance website.

Read more 

Thank you council speakers!

A big thank you to all the council staff members who donated their time to share experiences with fellow councils at the recent Tasmanian Conference:

  • Polly Bucchorn, Break O’Day Council – climate-related flood risk
  • Gary Arnold, Kingborough Council – disaster & emergency preparedness
  • Jane Castle, Hobart City Council – Public Art Program – creative risk management
  • Darrin Cunningham, Kentish Council – Kentish Health Care Centre project management
  • Kathryn Fordyce, Burnie City Council – autism specific early learning centre risk management.

If your council has any risk management experiences that you believe other councils would benefit from learning about, please contact MAV Insurance on 9667 5555 or email risk.help@jlta.com.au.

LMI Help Desk Q&A

MAV Insurance receives many queries from members, on an endless number of topics.

At the recent Victorian Best Practice Forums, a discussion was held regarding proximity risks of playgrounds to hazards such as roads and waterways. View the results of these discussions and LMI’s planned response to help councils mitigate these risks going forward on the members only section of our website.

If you have a query for MAV Insurance, please contact:

Events

Best Practice Forums Tasmania & Victoria:  Round 2 - 2015

Round 2 Best Practice Forums are currently being finalised and locations (where confirmed) are noted as follows:

TASMANIA
  • 29 July - Hobart City Council
  • 30 July - Launceston City Council
VICTORIA
  • 11 August – Rural City of Wangaratta
  • 14 August – Surf Coast Shire Council
  • 18 August – Cardinia Shire Council
  • 20 August – Loddon Shire Council
  • 25 August – MAV Office

Victorian seminar:  Contractor Management

At the conclusion of each Best Practice Forum (dates/locations in preceding article), we will be running seminars on the topic of Contractor Management, commencing after the lunch break. Full details of the agenda and speakers will be announced shortly.

Copyright © 2015 Municipal Association of Victoria, All rights reserved.
Email Marketing Powered by Mailchimp