Insurance news from the MAV. 
MAV Insurance Bulletin

Issue 25: September 2015
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In this issue:

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Wrongs Act 1958 Amendment Bill
Road Management Act Court of Appeal decision: Shire of Campaspe ats Kennedy
Coroner’s finding: input needed for the MAV’s response
Risk Management Award
LMI Help Desk Q&A
Netherlands trials ‘solar road’ technology
Events

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Wrongs Act 1958 Amendment Bill

The Wrongs Act 1958 Amendment Bill is now before parliament, and if passed, will reduce the threshold for being able to claim pain and suffering damages.

The MAV had successfully advocated there was not sufficient evidence to support this change, as recommended by the Victorian Competition and Efficiency Commission (VCEC) in 2014. Since then the current State Government has revisited VCEC’s 2014 recommendations and decided to include it in the legislation.

For further details regarding this legislation, and what it will potentially mean for councils, please visit the latest news section on our members-only website.

Road Management Act Court of Appeal decision: Shire of Campaspe ats Kennedy

Insurance members will have received our email on 1 September with a copy of the recent decision by the Victorian Supreme Court – Court of Appeal in this important LMI case, along with a high level summary of the decision.

As promised in that email, having now had the benefit of advice from our legal panel and barristers, we can now provide members with a more detailed analysis of the decision.

We had indicated in our previous email an intention to hold a seminar in the coming months on Road Management in light of this decision, but as we have sought leave to appeal the decision to the High Court a seminar now is probably premature. To view our full analysis please visit our members-only website.

Coroner’s finding: input needed for the MAV’s response

Coroner Byrne recently handed down his finding into the 2012 death of Patiya May Schreiber from traumatic head injury sustained by a falling tree branch in Bendigo.

Much of the inquest and subsequent report focuses on the risk management practices employed by the council to address tree health and what systems should be in place to prevent such an incident in the future.

In particular the finding recommends that councils:

  • Develop a formal documented tree inventory, and record tree assessments, management recommendations and activities against this
  • Apply a risk assessment system to all recorded trees which incorporates a suitable inspection regime, and a process and timeframe for any additional inspections – such as above ground inspections - and/or arboriculture works
  • Ensure tree inspections are carried out by a suitably qualified and experienced arborist.

The MAV will be reviewing the findings and recommendations in detail before responding to the Coroner on behalf of the sector and would like to incorporate your thoughts and opinions. Please provide feedback to Kristine Purcell by 16 October.

Risk Management Award

MAV Insurance is pleased to announce the second annual Risk Management Award. This award recognises excellent risk management practice by a member of the MAV’s Liability Mutual Insurance scheme. Eligibility is open to officers from all current LMI scheme members. This year, two awards will be provided – one for a Victorian scheme member and another for a Tasmanian scheme member.

The MAV has introduced this award to recognise outstanding risk management practice in the sector, and to provide an opportunity for professional growth through attendance at a major international conference.

Nominations will be accepted until 5pm on 4 December. Contact Owen Harvey-Beavis for a copy of the nomination form.

LMI Help Desk Q&A

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

Recently we have had a number of queries from councils around the use of council gyms and programs, and what information councils can request and restrictions they can place on use.

View LMI’s response to help guide councils when dealing with these situations on the members only section of our website.

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

Netherlands trials ‘solar road’ technology

Read an article regarding a Dutch bike path that harvests solar energy, which can then be used for path lighting, or to provide electricity to local buildings.

Events

Best Practice Forums – Round 3

Round 3 of the Victorian Best Practice Forums are being held in October/November and are at the following venues:

  • 27 October – Wellington Shire Council
  • 29 October – Greater Shepparton City Council
  • 10 November – MAV office
  • 11 November – Colac Otway Shire Council
  • 12 November – Horsham Rural City Council

The Tasmanian Best Practice Forums will be held at the end of November, dates and venues to be confirmed.

2016 Tasmanian Conference save the date: 3 - 4 March

Grand Chancellor Hobart will again be the venue for the 2016 Tasmanian Conference. Further details will arrive via email over the coming weeks. In the meantime, if you would like to provide any suggestions, please contact MAV Insurance.

MAV Insurance Commercial Crime Seminar

MAV Insurance is holding a series of Commercial Crime Seminars at the following locations for members of the scheme:

  • 16 November – Yarriambiack Shire Council, Warracknabeal
  • 17 November – Regatta Centre, Nagambie
  • 23 November – MAV Offices, Level 11, 60 Collins Street, Melbourne
  • 27 November – Cardinia Shire Council, Officer
  • 4 December – Surf Coast Shire Council, Torquay

An invitation has been sent to CEOs to distribute to those responsible within council for the Fraud Prevention/Management program, and other relevant employees. Registrations can be made via email to MAV Insurance.

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