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Comcover Insurance Policy

Part 2. Policy Terms and Conditions

2.1 The terms and conditions shown on your Schedule of Cover take precedence over any of the general terms and conditions in this part to the extent of any inconsistency.

The excess shown against each section on your Schedule of Cover applies to all claims for that section.  The footnotes in this document are part of the terms and conditions of this policy.

2.2 Certain words in this policy have special defined meanings.  When words appear in bold they have the meaning given to them in the Definitions clause.

2.3 Contents

• 2.4 Definitions
• 2.5 General Liability and Professional Indemnity
• 2.6 Directors’ and Officers’ Liability
• 2.7 Property
• 2.8 Business Interruptions
• 2.9 Motor Vehicles
• 2.10 Personal Accident
• 2.11 Travel Outside Country
• 2.12 Expatriate
• 2.13 Personal Effects and Travel inside Country
• 2.14 General Exclusions
  • 2.14.1 Excluded events
  • 2.14.2 Other liabilities & costs
  • 2.14.3 Indemnity
  • 2.14.4 Terrorism
  • 2.14.5 Claims covered by other legislation
  • 2.14.6 Claims from incidents prior to commencement date
  • 2.14.7 Corruption of Computer Data
• 2.15 Other Conditions
  • 2.15.1 Schedule of Cover
  • 2.15.2 Retroactive date
  • 2.15.3 Duty of disclosure
  • 2.15.4 Claims
  • 2.15.5 Subrogation
  • 2.15.6 Claims co-operation and settlement
  • 2.15.7 Comcover Member Services Contract
  • 2.15.8 Other Insurance
  • 2.15.9 Overseas operations
  • 2.15.10 Dispute resolution - Claims
  • 2.15.11 Goods and Services Tax (GST)
  • 2.15.12 Confidentiality

2.4 Definitions

Word/phrase	Definition
Amusement Device	includes inflatables (such as jumping castles) and mechanical rides (such as merry-go-rounds and bumper boats or cars).
Assets Schedule	the schedule of assets, their locations and values as declared by the Fund Member and agreed by Comcover.
Book Debts	the difference between outstanding debit balances and the total amounts actually received costs incurred in tracing and establishing debit balances including collection expenses in excess of your normal collection expenses interest charges on any loan you take out to off-set impaired collection of your book debts.
Claim	any writ, statement of claim, summons, application or legal notice any written or verbal notice of demand for compensation, or any claim made by you or a director or officer of a Fund Member on Comcover.
Comcover Member Services (CMS)	the entity that has entered into a contract with Comcover to provide claims and account management services to you.
Defence Costs	reasonable legal costs and other expenses incurred in defending claims with the prior written consent of Comcover.
Emergency Evaculation	an evacuation authorised by Comcover or its contracted service providers due to: a medical treatment being immediately required and the medical condition being sudden and/or life threatening a natural disaster such as earthquake, cyclone, flood, tsunami or volcanic eruption.
Employment Practices	wrongful or unfair dismissal, discharge or termination, either actual or constructive, of an employment relationship in a manner which is against the law workplace harassment (whether sexual or otherwise) of an employee any form of discrimination denial of natural justice to an employee wrongful refusal to employ a potential employee defamation from employment related matters unfair demotion, failure to promote, unfair deprivation of career opportunity, wrongful discipline, negligent evaluation or failure to grant tenure or employment to an employee, or misleading representation or advertising about employment in your organisation.
Excess	the amount of money you contribute to the cost of a claim and defence costs – (this is shown on your Schedule of Cover) if different excesses could apply to a claim under different covers, you must pay the higher or highest excess. where more than one claim arises out of the same act or omission or a series of related acts or omissions, all of those claims will together be one claim for the purposes of determining the excess where more than one claim resulting from any combination of fire, earthquake, flood, storm and tempest, riots or civil commotion arises out of the same event or a series of related events which occur during any 72 hour period nominated by you, all of those claims will together be treated as one claim for the purposes of determining the excess.
Expatriate	a person outside his or her home country and who has been noted on Comcover’s Schedule of Expatriates.
Fund	the fund established by the Commonwealth as part of the Comcover Special Account in accordance with the Financial Management and Accountability Act 1997.
Fund Member	the organisation named on your Schedule of Cover and all fully owned subsidiaries.
Illness	any sickness or disease, whether physical or mental.
Indemnity Period	the period beginning with the occurrence of the damage, loss or unauthorised use, interference or loss of access and ending not later than the period specified in your Schedule of Cover.
Injury	any bodily or mental injury.
Land Value	the sum certified by the relevant Valuer-General to be the value of the land, taking into account any special circumstances that affected, or would have affected, its value before or after the damage or destruction.
Loss	all damages, legal costs awarded against a Fund Member (or if applicable an officer) and settlements negotiated with the prior written consent of Comcover or Comcover Member Services (CMS), excluding any amount up to the excess.
Medical Expenses	expenses incurred and paid to a legally qualified health professional, hospital or ambulance service for medical surgery, hospitalisation or nursing treatment, including the costs of medical supplies and physician prescribed medicines and drugs.
Money	cash, credit cards, bank cards, bank or currency notes, cheques, traveller's cheques, postal or money orders or other negotiable instruments.
Motor Vehicle	any mechanically propelled land-use vehicle, its standard tools and all accessories, and anything ordinarily towed by the vehicle a substitute motor vehicle.
Officer	a person who is an official within the meaning of the Financial Management and Accountability Act 1997 a person who is a past, present, or future director, secretary or executive officer of a Fund Member but does not include the Minister for the relevant Fund Member a person who is or was concerned in, or takes or took part in, the management of a Fund Member excluding externally appointed officers, such as receivers, managers, liquidators, administrators and the like a person who is a past, present or future member of a committee or sub-committee (whether or not established by statute) which provides technical or professional advice to a Fund Member or officer of the Fund Member, for purposes in connection with assisting the Fund Member or the officer to exercise their powers or perform their functions any past, present or future employee, secondee or other official of a Fund Member, or any past, present or future voluntary worker.
Outside Directorship	a directorship in an entity that is not the Fund Member, but is held at the request or nomination of the Fund Member.
Period of Cover	the period during which you are covered by Comcover, as shown on your Schedule of Cover.
Person	includes a natural person, body corporate, corporation sole, or statutory authority.
Personal Effects	includes tools of trade and field equipment but excludes money.
Pollutants	any solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapour, soot, fumes, acid, alkalis, chemicals and waste.  Waste includes material to be recycled, reconditioned or reclaimed.
Property	all real or personal property including: money electronic data and records structural improvements on or in land, and landscaping and gardens which is yours, or is in your care, custody or control or is your responsibility, but excluding: land watercraft more than 15 metres in length aircraft rockets and satellites livestock, animals, birds, and fish standing timber, and growing crops and pastures (unless noted on your Assets Schedule).  Land does not include structural improvements on or in the land.
Reasonable Additional Costs	all reasonable costs incurred over and above your normal operating costs less any reduction in your costs resulting from the interruption.
Revenue	gross business income or business receipts less any reduction in your costs resulting from the interruption.
Schedule of Cover	the terms and conditions of cover issued to the Fund Member which include details of the type of cover, maximum limits of cover, applicable excesses, and special endorsements or other conditions.
Schedule of Expatriates	list notified to Comcover of expatriates nominated by the Fund Member as requiring cover.
Substitute Motor Vehicle	a vehicle that you have authorised to be hired, borrowed or used for official purposes because your usual motor vehicle is being repaired, serviced or has broken down.
Terrorism	an act including but not limited to the use of force or violence or the threat of force or violence, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), which from its nature or context is done for or in connection with political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
Traveller	a person approved by you, including any approved accompanying persons, on travel approved by you (in accordance with your travel policies) outside his or her home country, or his or her country of assignment (including travel to outlying Australian territories and islands) for up to one hundred and eighty (180) consecutive days.
You/your	the Fund Member.
Voluntary worker	a person who consents to undertake duties under the direction or at the request of your organisation and receives nil or nominal reward.
Wrongful Act	an error, either by omission or commission a misstatement or misleading statement, or neglect or breach of duty or breach of trust by a director or officer in their capacity as director or officer.

2.5 General Liability and Professional Indemnity

2.5.1 If you are legally liable to pay compensation for

1. injury or illness
2. false arrest or imprisonment, wrongful detention, malicious prosecution and humiliation
3. wrongful entry or eviction
4. assault and battery that you did not commit or direct - except to protect natural persons or property
5. libel, slander or defamation
6. infringement of copyright, title or slogan, passing off or breach of intellectual property rights (including moral rights), or
7. breach of confidence, invasion of privacy or other similar misuse of information

or

8. property which is damaged, lost or which cannot be used ¹

or

9. claims that your advertising or publicity activities, in any media, gave rise to
   1. libel, slander, or defamation
   2. infringement of copyright, title, or slogan
   3. unfair competition, piracy, misappropriation of ideas under an implied contract, or
   4. invasion of privacy

or

10. claims for loss caused by the execution or breach of your duty that arises from your operations or business

and

11. the claim for loss was made against you during your period of cover, and reported to Comcover during that period of cover or as soon as reasonably practicable

then

12. we will indemnify you for
    1. damages or judgments, defence costs incurred by you with the prior written consent of Comcover and legal costs awarded against you up to a maximum amount of $50,000,000 in total for all claims which arise out of your failure to monitor, control, regulate, sanction or license any entity over which you have a regulatory authority or which arise out of the failure of any entity over which you have regulatory authority, financial or otherwise
    2. damages or judgments, defence costs incurred by you with the prior written consent of Comcover and legal costs awarded against you up to a maximum amount of $50,000,000 in total for all claims which arise out of the provision by you of, or your failure to provide, medical care or advice [or other medical services] in a professional capacity
    3. all other damages or judgments, and defence costs

2.5.2 If you report to us facts that might give rise to a claim against you as soon as reasonably practicable after becoming aware of these facts but within 60 days of the expiry of the period of cover, we will indemnify you under this cover for any claim that arises from those facts.²

2.5.3    Exclusions

We will not pay for

1. legal costs in any action you bring (including a cross claim, counter claim, set-off or similar action you bring) without the prior written consent of Comcover
2. any liability arising out of liquidated damages clauses or similar penalty clauses in contracts except to the extent that liability would have attached in the absence of such clauses
3. any liability arising out of your breach of contract unless liability would have arisen in the absence of that breach of contract
4. personal injury or death claims covered by any policy issued or which should have been issued under applicable transport accident compensation legislation
5. property damage arising out of the use of a registered motor vehicle or a motor vehicle which should be registered under applicable legislation
6. any fees or expenses including defence costs incurred by you without the prior written consent of Comcover
7. loss or any part of loss that represents compensation, reimbursement or return of fees, duties, tariffs, taxes, levies or charges or any other amounts incorrectly collected or received by you, or
8. any claim for or in any way connected with underpayment of employee entitlements.³

2.6 Directors’ and Officers’ Liability

2.6.1 If you are legally liable to pay for the consequences of a wrongful act of a director or officer

1. of your organisation, or
2. while they held an outside directorship and the wrongful act occurred during the period of the outside directorship

or

3. if a director or officer  is legally liable to pay for the consequences of a wrongful act
   1. as a director or officer of your organisation, or
   2. while they held an outside directorship and the wrongful act occurred during the period of the outside directorship

and

4. the claim for loss was made against you, the director or officer
   1. during your period of cover, and
   2. reported to Comcover during that period of cover or as soon as reasonably practicable
   3. even if the director or officer had ceased being a director or officer, during or before that period of cover⁴

then

5. we will indemnify
   1. you for your own liability for employment practices
   2. you for your liability to the director or officer if he or she is indemnified by you, and
   3. the director or officer if he or she is not indemnified by you

6. we will indemnify you for any loss and defence costs, up to the maximum amount, provided that
   1. such indemnity is not prevented by the Commonwealth Authorities and Companies Act 1997, the Financial Management and Accountability Act 1997, the Judiciary Act 1903, or the Corporations Act 2001 (whichever is appropriate) (including any Regulations, Orders, Legal Services Directions or Chief Executive Instructions or policies made or issued under them), to the extent, if any, they apply to you, the director or officer. ⁵
7. we will also pay financial loss incurred by the spouse, de facto spouse or domestic partner of a director or officer due to a wrongful act of a director or officer, provided that
   1. the claim is made against the spouse, de facto spouse or domestic partner only because he or she is the spouse, de facto spouse or domestic partner of the director or officer, and
   2. the loss relates to property either jointly held by the director or officer and his or her spouse, de facto spouse or domestic partner or transferred by the director or officer to his or her spouse, de facto spouse or domestic partner for legitimate purposes.

2.6.2 If you report to us facts that might give rise to a claim against you or a director or officer as soon as reasonably practicable after becoming aware of these facts but within 30 days of the expiry of the period of cover, we will indemnify you, the director or officer under this cover for any claim that arises from those facts

We will pay, notwithstanding Exclusion 2.14.1(b) (iii) in respect of pollution, defence costs incurred in defending a loss in connection with the actual or alleged discharge, dispersal, release or escape of any pollutant.

2.6.3 Exclusions

1. We will not pay for any claim made against a director or officer for injury or illness of any person or loss of, damage to or destruction of any physical property, including the loss of use of it provided, however, that emotional distress claims resulting from employment practices that are made by a director or officer in your organisation against you or your other directors or officers are not excluded⁶
2. We will not pay for any claim made against a director or officer that arises from
   1. improper use of inside information to gain a personal advantage or to deliberately cause detriment to you or another person
   2. wilful breach of their duty to your organisation
   3. breach of professional duty 
   4. libel, slander or defamation
   5. medical malpractice
   6. conduct other than in good faith
   7. liability arising out of your breach of contract unless liability would have arisen in the absence of that breach of contract
   8. claim against you or your other directors or officers unless the claim is as a result of employment practices
3. We will not pay for any claim made against a director or officer that arises from
1. any claim made by you against a director or officer in your organisation
2. loss which is treated as a redundancy payment or is in any way connected with redundancy
3. any fees or expenses including defence costs incurred by you without the prior written consent of Comcover, or
4. any claim for or in any way connected with underpayment of employee entitlements.⁷

2.7 Property

2.7.1 If your property is lost, destroyed or damaged as a result of an event that occurred during your period of cover then we will pay either

1. the actual replacement value of the property lost, destroyed or damaged, or⁸
2. the indemnity value should you choose not to rebuild or replace the property.⁹

and

3. for reasonable architects’, surveyors’, engineers’, legal and other fees and clerks of works’ salaries for estimates, plans, specifications, quantities, tenders and supervision necessarily incurred following loss, destruction or damage excluding fees and salaries for preparing any claim
4. for the reasonable costs incurred in the removal, storage and disposal of debris, detritus or wreckage or in decontamination
5. for the reasonable costs incurred in demolition, dismantling, shoring up, propping, underpinning and other temporary repairs
6. any extra costs necessary to comply with the requirements of any statutory authority provided you had not received notice of such requirements before the loss, destruction or damage occurred

up to the maximum amount specified for that property in your Assets Schedule, where applicable.

2.7.2 We will also pay:

1. for the reasonable costs incurred in extinguishing fires at or in the vicinity of your property which threaten to involve your property
2. for the cost of replacement locks and/or keys and/or combinations where a burglary or theft, or attempted burglary or theft, gives you grounds to believe that the keys may have been duplicated and also the cost of opening safes and/or strongrooms as a result of the theft of keys and/or combinations
3. if you are the tenant and as part of your lease responsible for breakage of glass, the reasonable costs that you are responsible for to replace the glass and also any incidental costs, including sign writing and temporary protection.

2.7.3 We consider foundations to be totally destroyed if

1. due to the actions or requirements of any statutory authority, replacement on the same site is not possible, or
2. due to damage to other property we cover, the foundations are unsuitable or have no further value.¹⁰

2.7.4 In addition if a relevant authority such as a local government council

1. does not allow you to rebuild buildings, we will pay an amount representing the difference between the land value before and after the destruction or damage
2. only allows you to partially rebuild buildings, we will pay an amount representing the difference between the land value before the damage or destruction and after the partial rebuilding
3. only allows you to rebuild subject to a reduced floor space ratio index, we will pay an amount representing the difference between the replacement value based on the floor space ratio before and after the rebuilding, or
4. requires you to abandon your property, we will pay the reasonable costs incurred in any necessary removal, repair or replacement of any of your property

less compensation paid by the relevant authority.

2.7.5 Exclusion

We will not pay for loss, destruction or damage

1. caused by wear and tear, rust, latent defect, gradual deterioration, moths, vermin, disease, dampness or dryness of atmosphere, extremes or changes of temperature (other than freezing), or faulty workmanship, faulty material, faulty construction or faulty design¹¹
2. caused by unexplained inventory shortages, disappearances resulting from clerical or accounting errors, shortage in supply or delivery of items to or from your organisation
3. to registered motor vehicles¹²
4. caused by the action of the sea including tidal wave or high water unless such loss, destruction or damage is caused by or arises out of an earthquake or seismological disturbance¹³
5. resulting from any misrepresentations made in connection with benefits or liabilities under Commonwealth legislation, or
6. to property undergoing construction, erection, alteration or addition when the value of the work underway exceeds $5,000,000 unless noted on your Assets Schedule.

2.7.6 Property in Transit

If the property is in the course of transit we will pay for losses to your property wherever incurred whilst the property is in transit between a port or ports or a place or places including being loaded on to or unloaded from a conveying vessel, vehicle or aircraft up to a maximum amount specified in your Schedule of Cover; but we will not pay for:

1. ordinary leakage, ordinary loss in weight or volume or wear and tear of the property insured
2. loss, destruction, damage or expense caused by delay
3. loss, destruction, damage or expense arising from insolvency or financial default of the owners, managers, charters or operators of any vessel
4. loss, destruction, damage or expense arising from unseaworthiness of a vessel or craft, or unfitness of a vessel, craft, conveyance, container, or lift van for the safe carriage of the property insured where the Fund Member is aware of the unseaworthiness or unfitness at the time the property is loaded therein
5. loss, destruction, damage or expense arising from inherent vice of the property insured, or
6. insufficient or unsuitability of packing or preparation of the property insured.

2.7.7 Fraud

We will pay for losses to your property wherever incurred through any act or acts of fraud or dishonesty committed by any of:

1. your employees
2. your voluntary workers, or
3. boards, commissions or other bodies

acting alone or in collusion with others, up to the amount shown in your Schedule of Cover.

2.8 Business Interruptions

2.8.1 If your business or operations are interrupted:

1. because of property being
   1. lost
   2. destroyed, or
   3. damaged
   and that loss, destruction or damage is insured under section 2.7  Property, or a similar type of cover issued by Comcover

or

2. because of damage to property

1. at or of any electricity station or substation, gas works, water works or other public supply undertaking
2. at any premises from which you obtain supplies, or
3. at any premises to which you make supplies

or

3. because access to property is prevented, or hindered by order of a competent public authority due to
1. damage to other property in the vicinity of that property
2. infectious or contagious disease
3. closure or evacuation of the property because of vermin or pests or defects in the drains or other sanitary arrangements at the property
4. the outbreak of a notifiable disease or condition directly caused by the consumption of food or drink provided on the property
5. murder or suicide occurring in or on the property, or
6. a threat of immediate and violent damage to the property or threat of immediate and violent injury to persons while at the property

and

4. as a consequence of the interruption, your organisation
   1. loses revenue, and/or
   2. incurs reasonable additional costs for the purpose of resuming or maintaining normal business operations

and

5. the interruption commenced during your Period of Cover and you told Comcover of it during this period or within 30 days of you becoming aware of it

then

6. we will pay compensation for
   1. the revenue lost during the indemnity period (excluding revenue derived from Australian Government sources), and/or
   2. reasonable additional costs for the purpose of resuming or maintaining normal business operations during the indemnity period
   3. contractual fines or damages for breach of contract you have to pay because you cannot perform your contractual obligations
   4. recreating any records, including the cost of recreating the content contained in them
   5. book debts you had when the interruption commenced which you are not able to collect
   6. reasonable professional fees incurred by you in preparing, making and settling your claim, and
   7. up to the maximum amount shown on your Schedule of Cover.

2.8.2 Exclusion

We will not pay compensation for

1. interruption that is a direct consequence of wear and tear, rust, latent defect, gradual deterioration, moths, vermin, dampness or dryness of atmosphere, extremes or changes of temperature (other than freezing), or faulty workmanship, faulty material, faulty construction or faulty design ¹⁴
2. unexplained inventory shortages, disappearances resulting from clerical or accounting errors, shortage in supply or delivery of items to or from your organisation
3. claims arising out of loss, destruction or damage to a registered motor vehicle,
4. loss, destruction or damage caused by the action of the sea including tidal wave or high water unless such loss, destruction or damage is caused by or arises out of an earthquake or seismological disturbance, or
5. interruption that is a direct consequence of industrial action by your employees.

2.9 Motor Vehicles

2.9.1 If a motor vehicle owned or leased by you is lost, destroyed or damaged as a result of events that occurred during your period of cover, then we will repair or replace the motor vehicle or parts of it, at our discretion as described in this clause.

2.9.2 We will pay:

1. an amount not exceeding the market value of the motor vehicle before it was lost destroyed or damaged (provided that if the motor vehicle was less than 24 months old, we will replace the motor vehicle with the same make, model and series or its equivalent)
2. the reasonable cost of protection and removal of the motor vehicle to the nearest repairer, or any other place , approved by Comcover
3. the reasonable cost to perform necessary emergency or temporary repairs to enable your motor vehicle to be driven to the nearest practical place of safety
4. if your motor vehicle was lost destroyed or damaged as a result of theft, the reasonable cost of hiring a substitute motor vehicle for a period of up to 14 days from the date of the theft
5. if your loss is only in respect of breakage of windscreen and consequent scratching to body work, your excess will not apply.

2.9.3 If you are legally liable to pay compensation for loss, destruction or damage to property belonging to persons other than you resulting from:

1. the use of your motor vehicle or from goods falling from it, or
2. the use of a substitute motor vehicle if an employee or person authorised by you was using the motor vehicle

we will indemnify you for such compensation, defence costs and legal costs awarded against you up to the maximum amount specified in your Schedule of Cover.

2.9.4 We will also pay:

1. reasonable costs, charges and expenses necessarily incurred to clean up and remove any debris arising from goods  falling or leaking from your motor vehicle up to a maximum of $25,000 for any one event or series of events arising out of the one occurrence
2. costs up to $2,000 for any one accident levied by a police service or official fire brigade or authority following an event involving your motor vehicle requiring  or resulting in the attendance of members of a police force at the accident site or any official fire brigade or authority for the purpose of fire extinguishment or other purpose
3. costs up to a maximum of $5,000 to replace your motor vehicle keys and/or locks, if the keys to your motor vehicle are lost or damaged or there are reasonable grounds to believe your keys may have been illegally duplicated
4. reasonable costs, up to a maximum of $1,500 for any one loss, incurred to:

1. hire another vehicle of similar make and model to complete the journey or to return your driver to where the journey first commenced, or
2. use alternative public transport to return your driver and passengers to where the journey first commenced, and
3. obtain overnight accommodation for your driver and passengers if the journey cannot be completed in the same day as the loss occurs

where the loss occurs more than 100 kilometres from where your motor vehicle is normally garaged.

5. the replacement cost of sign writing or fixed advertising signs or materials forming a permanent part of your vehicle at the time of the loss, destruction or damage.

2.9.5 If your vehicle is damaged beyond an amount we consider economical to repair and the pre-loss market value is less than the amount owing by you under a valid hire purchase, leasing or other finance agreement, we will also pay an additional amount not exceeding 20% of the market value but less any:

1. payments and interest in arrears at the time of the loss, and
2. discount in respect of finance charges and/or interest for the unexpired term of such an agreement.

2.9.6 We will not pay for loss, destruction or damage:

1. resulting from:
   1. your inability to use the motor vehicle, depreciation, wear  and tear, rust or corrosion, or mechanical or electrical breakdowns, failures or breakages
   2. damage to tyres from using brakes, or by road punctures, cuts or bursts
   3. unexplained inventory shortages, disappearances resulting from clerical or accounting errors, shortage in supply or delivery of vehicles to or from your organisation
2. if the motor vehicle is being used with your permission in contravention of any laws¹⁵
3. resulting from or caused by for racing, pacemaking, reliability trials, speed and hill climbing tests.

2.10 Personal Accident

2.10.1 In the event of

1. injury or death to
   1. a member of a board, commission, or other body, or
   2. a voluntary worker

and

2. this occurs during their official duties on your behalf, including travel to and from official duties and approved travel within his or her home country, or his or her country of assignment

then

3. we will pay you, or the person directly (or his or her estate) if they are not indemnified by you, the amount of compensation equivalent to the benefits that would have been payable under the Safety, Rehabilitation and Compensation Act 1988 or, if applicable, the Military Rehabilitation and Compensation Act 2004 had the person been indemnified by Comcare, or, if there is no equivalent, Comcover will, at its discretion, determine the appropriate amount up to a maximum period of 104 weeks and up to the limit specified on your Schedule of Cover, less any excess, provided that
   1. there is a clear legal link between your powers and functions and the activity of the person
   2. indemnity is permitted by the Financial Management and Accountability Act 1997, the Commonwealth Authorities and Companies Act 1997, the Corporations Act 2001, whichever is appropriate and applicable to you
   3. the person is not eligible to be indemnified by Comcare under the Safety, Rehabilitation and Compensation Act 1988, the Military Rehabilitation and Compensation Act 2004 or any other workers’ compensation or like legislation, and
   4. the event giving rise to the claim happened during your period of cover.

2.10.2 Exclusion

We will not pay for:

1. expenses resulting from injury, illness or death from
   1. any deliberate or intentional self inflicted injury, suicide or attempt thereat
   2. engaging in, or taking part in, or training for any professional sports of any kind
2. expenses which are or can only be covered by Medicare or which we are prohibited by law from paying.

2.11 Travel Outside Country

Baggage and Personal Effects

2.11.1 In the event of

1. the baggage and personal effects belonging to a traveller, or for which a traveller is responsible, being lost, destroyed or damaged

then

2. we will pay you or the traveller the cost of repair or replacement of the items, up to the limit specified on your Schedule of Cover.

2.11.2 If

1. money belonging to the traveller or for which the traveller is responsible is stolen or lost, then we will pay for the lost or stolen money up to a maximum of $5,000
2. you or the traveller rent a vehicle which is damaged, stolen or involved in an accident, then we will pay the rental vehicle insurance excess up to a maximum of $5,000
3. the traveller’s baggage is delayed for more than 8 hours, then we will pay the reasonable cost of necessities
4. the trip is interrupted by unforeseen circumstances and the traveller is unable to arrive at the destination by the time scheduled for the purpose of attending the event for which the trip was arranged,  and the event cannot be delayed, then we will pay up to $10,000 for the reasonable additional cost of using alternative public transport
5. the trip is interrupted by unforeseen circumstances, then we will pay up to $10,000 for the reasonable expenses incurred.

2.11.3 If the traveller is in a country or region which experiences a major incident or natural disaster and the traveller is at risk of injury or illness,

1. we will commence arrangements for the evacuation of the traveller provided that evacuation will be initiated
   1. after reasonable local measures to protect the health and safety of the traveller have been exhausted, or
   2. when Comcover decides that the traveller, who is not in need of medical attention, is at high risk due to adverse local conditions
2. if Comcover considers that the situation will continue for less than 30 days duration, emergency evacuation will be made to the nearest location outside the impacted area, or 
3. if Comcover considers that the situation will continue for more than 30 days duration, emergency evacuation will be made to the traveller’s home country or country of assignment.

Medical Expenses Medical Emergencies

2.11.4 In the event of

1. injury, illness or death of a traveller

then

2. we will pay you, or the traveller directly (or his or her estate) if they are not indemnified by you, the amount of compensation equivalent to the benefits that would have been payable under the Safety, Rehabilitation and Compensation Act 1988 or, if applicable, the Military Rehabilitation and Compensation Act 2004 had the traveller been indemnified by Comcare, or, if there is no equivalent, Comcover will, at its discretion, determine the appropriate amount up to a maximum period of 104 weeks and up to the limit specified on your Schedule of Cover, provided that the event giving rise to the claim happened during your period of cover.

2.11.5 We will also pay

1. overseas medical expenses up to the maximum in your Schedule of Cover
2. the costs of medical emergencies, up to the maximum in your Schedule of Cover, covering
   1. emergency evacuation and/or repatriation under medical supervision
   2. 24 hour worldwide medical information and assistance service
   3. sending essential medication or equipment not locally available
   4. sending a medical practitioner where appropriate
   5. repatriation of mortal remains and any related costs
   6. medical monitoring

3. reasonable expenses incurred in sending a replacement employee to complete the injured, ill or deceased traveller’s duties or in returning the traveller to complete their duties
4. reasonable expenses incurred with Comcover’s agreement for one person to travel to, remain with or accompany the traveller as a result of the traveller suffering an injury or illness (including death)
5. reasonable expenses incurred with Comcover’s agreement and upon medical advice if the traveller is hospitalised and the traveller needs accommodation to recover from the illness or injury after leaving hospital
6. non-refundable travel, accommodation and any other expenses (paid in advance and not recoverable from any other source) which you or the traveller lose the benefit of, solely because of 
   1. death, injury, illness or jury service of the traveller or any person authorised to travel with them
   2. death, serious injury or serious illness of any relative or business colleague (under the age of 80 years) of the traveller, or
   3. any unforeseen circumstances outside the control of the traveller.

2.11.6 Exclusions

We will not pay for:

1. expenses resulting from injury, illness or death from
   1. any deliberate or intentional self inflicted injury, suicide or attempt thereat
   2. engaging in, or taking part in, or training for any professional sports of any kind
2. any claim for injury, illness, or death for which the traveller has been prescribed medication or treatment during the 30 days immediately preceding the commencement of the approved travel and/or deployment. ¹⁶
3. expenses for which a Medicare benefit is payable or which we are prohibited by law from paying.
4. the benefits in section 2.11.4 (b) if the traveller is an accompanying person.
5. any loss or claim unless there is a clear legal link between your powers and functions and the majority activity of the traveller in the country in which the event giving rise to the loss or claim occurred
   
6. any loss or claim unless indemnity is permitted by the Financial Management and Accountability Act 1997, the Commonwealth Authorities and Companies Act 1997 or the Corporations Act 2001, whichever is appropriate and applicable to you
   
7. any loss or claim if the traveller is eligible to be indemnified by Comcare under the Safety, Rehabilitation and Compensation Act 1988, the Military Rehabilitation and Compensation Act 2004 or any other workers’ compensation or other legislation

2.12 Expatriate

2.12.1 We will pay all reasonable and necessary medical expenses incurred outside Australia by an expatriate during their period of deployment, less any excess shown on your Schedule of Cover after commencement of cover for the expatriate under this policy, up to a maximum of 12 months per loss or claim from date of first treatment.

2.12.2 We will pay all reasonable and necessary expenses incurred for:

1. an  emergency evacuation or reasonable travel costs as a consequence of a medical condition, provided such evacuation or travel cost is authorised by Comcover
2. one person to accompany an evacuated expatriate where:-
   1. the expatriate is aged 18 years or younger,  or
   2. it is considered necessary by Comcover
3. funeral or cremation expenses in the country in which the death of an expatriate occurs or the repatriation of their mortal remains to their home country and any related costs.
4. emergency evacuation of an expatriate as a consequence of a natural disaster occurring in the country where the expatriate is posted, provided such evacuation is authorised by Comcover. Comcover will commence arrangements for the emergency evacuation of the expatriate, provided that:
   1. emergency evacuation will be initiated after reasonable local measures to protect the health and safety of the expatriate have been exhausted or when Comcover decide that the expatriate, who is not in need of medical attention, is at high risk due to adverse local conditions
   2. if Comcover considers that the situation will continue for less than 30 days duration, emergency evacuation will be made to the nearest location outside the impacted area, or
   3. if Comcover considers that the situation will continue for more than 30 days duration, emergency evacuation will be made to the expatriate's home country.

2.12.3 Exclusions

We will not pay for:

1. expenses resulting from any deliberate or intentional self inflicted injury, suicide or attempt thereat
2. expenses resulting from engaging in, or taking part in, or training for any professional sports of any kind
3. expenses resulting from any elective and/or cosmetic procedure, treatment or surgery
4. any expenses for which a Medicare benefit is payable or which we are prohibited by law from paying
5. any loss or claim by any expatriate who has not undergone pre-deployment medical and dental examinations
6. any loss or claim by any expatriate who has not been declared medically and dentally fit to be deployed to their country of posting
7. expenses resulting from any pre-existing condition not reviewed and agreed to by Comcover.

2.13 Personal Effects and Travel inside Country

2.13.1 If

1. the personal effects of an employee, or a member of a board, commission or other body, or a voluntary worker are lost, destroyed or damaged

and

2. this occurs in the approved workplace of an employee, or a member of the board, commission or other body, or a voluntary worker, or while on approved travel within his or her home country, or his or her country of assignment during your Period of Cover

then we will pay you

3. full replacement costs, up to the limit specified on your Schedule of Cover, provided that
1. the employee has been indemnified by you for such loss, destruction or damage
2. indemnity is permitted by the Financial Management and Accountability Act 1997, the Commonwealth Authorities and Companies Act 1997 or the Corporations Act 2001, whichever is appropriate and applicable to you, and
3. the employee’s loss, destruction or damage is not otherwise covered by the Safety, Rehabilitation and Compensation Act 1988, the Military Rehabilitation and Compensation Act 2004 or any other workers’ compensation legislation.

2.13.2 If whilst on approved travel

1. the trip is interrupted by any unforeseen circumstances and the person is otherwise unable to arrive at the destination by the time scheduled for the event, attendance at which is the purpose of the trip, and the event cannot be delayed, we will pay up to $10,000 for the reasonable additional cost of using alternative public transport
2. the trip is interrupted by unforeseen circumstances we will pay up to $5,000 for the reasonable expenses incurred.

2.13.3 Exclusion

We will not pay for anything that occurs as a result of actions that are inconsistent with the relevant Chief Executive's Instructions, or their equivalent applicable to your organisation, and other applicable management policies. ¹⁷

2.14 General Exclusions

2.14.1 Excluded events

We will not pay for

1. loss, destruction, damage or liability arising from
   1. the deliberate disregard by you of the need to take all reasonable steps to prevent losses
   2. ionising radiation, or contamination by radioactivity, from any nuclear fuel waste or weapon – whether from a direct or indirect effect
   3. asbestos resulting from mining, handling, processing, manufacture, sale, distribution, storage, presence, use or removal of asbestos products and/or products containing asbestos (unless, in the case of removal, this is necessary following an incident which we cover), or
2. any claim resulting from
   1. war, invasion, act of a foreign enemy, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, or military or usurped power ¹⁸
   2. confiscation, nationalisation, requisition, or damage to property ordered by a government or public or local authority except where such action was in the process of the defence of human life and or third party property, or ¹⁹
   3. the discharge, dispersal, release or escape of pollutants or for the costs of removing, nullifying or cleaning up pollutants or for the cost of preventing the escape of pollutants unless it is a sudden, identifiable, unintended, unexpected and accidental happening which takes place in its entirety at a specific time and place.

2.14.2 Other liabilities and costs

We will not pay for

1. any liability arising from the ownership, maintenance, operation (which includes your means of access) or use by you of watercraft greater than 15 metres in length and all aircraft, rockets and satellites, that are in your possession, care, custody or control, unless specified in your Schedule of Cover
2. loss, destruction or damage to watercraft greater than 15 metres in length and all aircraft, rockets and satellites, that are in your possession, care, custody or control, unless specified in your Schedule of Cover ²⁰
3. any liability or costs connected with any claim or request for

1. review of your decision-making under the grounds set out in the Administrative Decisions (Judicial Review) Act 1977 or the Judiciary Act 1903
2. other judicial review of your decision-making, or
3. administrative or merits review of your decision-making ²¹
4. any claim, if you have admitted liability without Comcover's prior written approval or if you have otherwise compromised your legal position to the extent you have prejudiced Comcover's position
5. the liability of a manufacturer, supplier, contractor, or repairer unless such liability arises under the terms of a contract with you
6. any fines, penalties, or multiple, punitive, exemplary or aggravated damages
7. liquidated damage clauses or performance warranties unless proven that liability would have attached in the absence of such clauses or warranties
8. your costs incurred in appearing before any inquiry
9. any liability of your employees or officers arising from their deliberate disregard of the need to take all reasonable steps to prevent losses
10. any liability arising solely from a decision by you to terminate any contract or agreement, ²² or
11. the payment of entitlements to a third party which the Fund Member would have had to pay but for negligent advice by the Fund Member regarding such entitlements.
    

2.14.3 Indemnity²³

We will not pay for liability arising out of any indemnity unless:

1. the liability would have arisen in the absence of such indemnity, or
2. the indemnity is contained in a contract where the contract was entered into prior to 1 July 2004, or
3. you have followed Australian Government policy on issuing and managing indemnities and, after making reasonable inquiries, you have assessed:
   1. the likelihood of the event giving rise to the liability occurring as less than 5%;  and
   2. the most probable expenditure that would need to be made if the event giving rise to the liability occurred as less than $5,000,000.

2.14.4 Terrorism

We will not pay for any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss, including any loss, damage, cost or expense of whatever nature directly or indirectly caused, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism, except for claims made under

1. Property in Transit cover (Part 2.7.6)
2. Personal Accident cover (Part 2.10)
3. Travel Outside Country cover (Part 2.11)
4. Expatriate cover (Part 2.12), or
5. if you are a Commonwealth authority or company within the meaning of the Commonwealth Authorities and Companies Act 1997, in respect of any property within Australia.

2.14.5 Claims covered by other legislation

We will not pay for workers' compensation claims payable under the Safety, Rehabilitation and Compensation Act 1988, the Military, Rehabilitation and Compensation Act 2004 or any other workers' compensation legislation in any jurisdiction or associated common law claims.

2.14.6 Claims from incidents prior to commencement date

We will not pay for any claim based directly or indirectly on incidents which

1. you have, or should have, given written notice of under any contract of insurance held before your commencement date with Comcover, or
2. you knew about before your commencement date with Comcover and which you knew, or ought to reasonably to have known, could give rise to a claim under a previous insurance arrangement and you did not inform the previous insurers.

2.14.7 Corruption of computer data

We will not pay for any loss caused directly or indirectly by erasure or corruption of information on computer systems or other records arising from a computer virus or incorrect programming, punching, labelling, insertion or cancellation.

2.15 Other Conditions

2.15.1 Schedule of Cover

Comcover through Comcover Member Services issues each Fund Member with a Schedule of Cover which specifies the particular cover, maximum limits, and excesses, if any, provided to each Fund Member.

2.15.2 Retroactive date

If you had Directors’ and Officers’ and/or Professional Indemnity Insurance before joining Comcover, then we will set a date prior to your joining the Fund that will identify the time from which we will accept liability for execution or breach of your duty, or wrongful acts, which give rise to a claim made during your period of cover with us.  The applicable date will be that shown in your Schedule of Cover. If you had General Liability insurance before joining Comcover, we will accept liability for events, which occurred after the time you join the Fund. ²⁴

2.15.3 Duty of disclosure

1. you have a duty of disclosure in respect of your risk exposures
   1. before accepting cover, you must tell Comcover every matter you know, or could reasonably be expected to know, is relevant to Comcover's decision to offer cover
   2. at all times while you have cover, you must give Comcover written notice, as soon as possible, of everything that you are aware of in the ordinary course of business that is relevant to your risk exposures
2. you do not have to disclose a matter
   1. that diminishes the risk, or
   2. that we know or in the ordinary course of our business ought to know.

2.15.4 Claims

When a claim is made on you, or an event occurs that may give rise to a claim, you must:

1. provide written details, including details of any other insurance which covers the claim, to Comcover Member Services as soon as practicable ²⁵
2. not admit liability for, or settle, any claim or incur any costs in connection with a claim without the prior written consent of Comcover
3. pay the excesses and your share, if any, of the defence costs promptly, as and when instructed by Comcover. ²⁶

2.15.5 Subrogation

1. If Comcover accepts a claim under the policy, Comcover will have your rights of recovery to the extent of the claim payment made by Comcover to you
2. you must allow Comcover to claim indemnity or contribution in your name from any party against whom you may have such rights
3. you must give us all the assistance we may reasonably require for the prosecution and settlement of recovery actions
4. If an amount is recovered then Comcover will be entitled to deduct from that amount any administrative or legal costs incurred or paid by Comcover in funding the recovery action
5. Where you have paid an excess in relation to that claim, you will be entitled to a refund of that excess in the proportion that the net amount recovered (less expenses) bears to the claim payment made by Comcover.

2.15.6 Claims co-operation and settlement

1. Comcover is responsible for the defence and settlement of claims. You must give us all the assistance we may reasonably require for the defence and settlement of claims and recovery actions
2. If you want to contest a claim, which we believe should be settled, you may elect to do so but our liability for the claim will not exceed the amount for which, but for your election, the claim could have been settled together with costs and expenses we must pay you up to the date of your election
3. In the event that you, or a director or officer of yours, is party to a claim which is covered only in part under this policy, you (or yourself and your director and officer) and Comcover will use their best efforts to agree upon a fair and proper allocation of loss, and fees and expenses including defence costs which should be insured under this policy and which relate solely to what is covered under this policy
4. In the event that an agreement cannot be reached, Senior Counsel (to be mutually agreed between us) will determine, as an independent expert but not an arbitrator, a fair and proper allocation. Until the Senior Counsel has made his or her determination, Comcover may, in its discretion, pay such loss and fees and expenses including defence costs as it considers appropriate.

2.15.7 Comcover Member Services Contract

You must

1. acknowledge that the contract between Comcover Member Services and Comcover is the sole responsibility of Comcover
2. not enter into any separate contract, arrangement or understanding with Comcover Member Services in relation to the management of a claim or protection of your normally insurable risks.
   

2.15.8 Other Insurance

You must advise Comcover if any risk placed with Comcover is also covered by an insurance policy issued by other insurers.

2.15.9 Overseas operations

If you establish an operation outside of Australia, whether permanent or temporary, you must obtain any insurance as required by the local law for you to carry out your operations in that jurisdiction.

2.15.10 Dispute resolution – Claims

1. A dispute includes disagreements about acceptance or settlement of a claim subject to the claims settlement condition
2. If the dispute is with Comcover Member Services, you must inform Comcover if the dispute lasts for more than 30 days
3. If the dispute cannot then be resolved within a further 30 day period the matter must be referred to a mutually agreed mediator
4. If the dispute is with Comcover and it cannot be resolved within 60 days, the dispute must be referred to a mutually agreed mediator
5. If the dispute cannot then be resolved then the matter will be referred to the Secretary of the Department of Finance and Deregulation and the Chief Executive Officer of the member organisation or their nominees
6. If the dispute cannot then be resolved then the matter will be referred to the relevant Ministers.

2.15.11 Goods and Services Tax (GST)

1. For all members
1. As part of the premium, we will charge you an amount on account of GST
2. In relation to claims, our liability to you will be calculated taking into account
   1. any input tax credit to which you are entitled for any acquisition which is relevant to your claim, or to which you would have been entitled were you to have made a relevant acquisition, and
   2. for business interruption claims only, the GST exclusive amount of any supply made by your business or operation, which is relevant to your claim
3. If your sum insured or cover limit is not sufficient to cover your loss, we will only pay GST (less any relevant input tax credit) that relates to our proportion of your loss. We will pay that GST amount in addition to your sum insured or cover limit
2. For members subject to the Financial Management and Accountability Act 1997:
   1. we will indemnify you for any GST liability that you may have on a settlement of a claim. Our payment will be in addition to the sum insured or cover limit
3. For other members
   1. you must inform us of the extent to which you are entitled to an input tax credit for the GST included in your premium when you make a claim. No payment will be made to you for any GST liability that you may have on a settlement of a claim when you do not inform us of your entitlement or correct entitlement to an input tax credit
   2. 'GST', 'input tax credit', 'acquisition' and 'supply' have the meaning given in the New Tax System (Goods and Services Tax) Act 1999.

2.15.12 Confidentiality

1. you must not disclose without the prior written consent of Comcover:
   1. the nature and limit of the liabilities covered, or
   2. the amount of your member premium.

Next: Part 3. General Information

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1. We will also indemnify any traveller if they are legally liable to pay compensation for those things listed in 2.5.1 items (a) to (h).

2. This cover extends to indemnities a member is able to give its officers in accordance with the Commonwealth Authorities and Companies Act 1997, the Financial Management and Accountability Act 1997, the Judiciary Act 1903, the Corporations Act 2001 (whichever is appropriate) (including any Regulations, Orders, Legal Services Directions or Chief Executive Instructions or policies made or issued under them).

3. This exclusion does not apply to employee entitlements in respect of superannuation that arise from negligent misstatements.

4. This cover extends to liability against the estate, heirs or legal representatives of any deceased, mentally incompetent or insolvent officer.

5. For FMA agency members, the Directions on Assistance to Commonwealth Employees for Legal Proceedings set out in Appendix E to the Legal Services Directions 2005 describe the basis upon which assistance may be provided.

6. Please note that we will not pay for what are or should be workers' compensation claims.

7. This exclusion does not apply to employee entitlements in respect of superannuation that arise from negligent misstatement.

8. The maximum replacement value we will pay is the cost necessary to repair or rebuild the property at the site, or replace it at the site with a property, in a condition substantially the same as but not better or more extensive than its condition when new.  Where your property has a measurable capability or output and it can only be replaced with property which has a greater capability or output then we will pay for the cost of replacement with property which has the greater capability or output. Replacement and repair costs will be assessed at a date when you could reasonably be expected to have replaced or repaired the property or a later date if we agree.  Where works of art, antiques or curios have been restored and/or repaired to a condition substantially the same as before the damage, then we will also pay for any reduction in market value that has occurred but for the loss, destruction or damage.

9. The indemnity value is the value of the property immediately prior to the loss.

10. Our payment will include the costs of any necessary removal of the foundations.  If the presence of abandoned foundations increases the resale value of the site, that increase will be treated as salvage and you will pay the amount of that increase to us.

11. This exclusion is limited to that part of your property immediately affected by the loss or damage and not any subsequent damage.

12. This exclusion does not apply to your registered mobile plant and equipment whilst on your premises.

13. This exclusion in relation to action of the sea does not apply to a watercraft.

14. This exclusion is limited to that part of your interruption immediately affected by the loss or damage and not any subsequent damage.

15. This includes, but is not limited to, being driven by an unlicensed driver, a suspended-licence driver or a person under the influence of drugs or alcohol.

16. This exclusion does not apply to item 2.11.5 (b) (v).

17. For example, if the CEI says that personal effects should be kept in locked drawers or cupboards, then we will not pay for loss from an unlocked drawer or cupboard.

18. This exclusion does not apply to the Property in Transit cover in Part 2.7.6, Personal Accident cover in Part 2.10; Travel Outside Country cover in Part 2.11 or Expatriate cover in Part 2.12.

19. This exclusion does not apply to the Property in Transit cover in Part 2.7.6.

20. Exclusions 2.14.2(a) and 2.14.2(b) do not apply to liability you have as a charterer which is covered in Part 2.5.   Exclusions 2.14.2(a) and 2.14.2(b) do not apply to watercraft and aircraft you lawfully seize in the exercise of your duties provided you notify us of their details as soon as possible after you have seized them.

21. Decision-making includes your conduct and any action taken by you.

22. This exclusion does not apply to the cover given under Part 2.6.3(b) (vi).

23. This exclusion reflects the circumstances when agencies within the meaning of the Financial Management and Accountability Act 1997 are not required to obtain the Finance Minister’s agreement to expenditure under an arrangement in accordance with Regulation 10 of the Financial Management and Accountability Regulations 1997 (FMA Regs) due to the arrangement containing a contingent liability as described in Regulation 10A of the FMA Regs.

24. If you did not have cover for the classes of risks listed above before you joined the Fund then, subject to the terms of this Part 2 and your Schedule of Cover, Comcover will only accept liability for execution or breach of your duty, or wrongful acts for occurrences which happen after the time you joined the Fund.

25. See Part 3 General Information for more details on how to report different types of claims.

26. If you do not, then Comcover may directly deduct any amount owing from the amount required to settle the claim or refuse to manage the claim.

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Contact for information on this page: Contact Comcover Member Services

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