Manager Member Services
Damien’s role is to manage the Member Services team who are committed to providing the highest quality service in responding to the coverage and risk management needs of local governments. Damien provides strategic oversight across all member relationships as well. He brings over two decades of insurance and client relationship management to the role and has specialised in local government since 2022.
The West Australian Volunteers and Food and Other Donors (Protection from Liability) Act 2002 protects certain volunteers from incurring civil liability when doing community work on a voluntary basis. It also provides that community organisations that organise community work done by volunteers may incur the civil liability from which the volunteers are protected when doing that work;
The Act defines a community organisation as:
that organises the doing of community work by volunteers. Where there are organisations that do not meet this definition, the volunteers are not protected by the legislation and may be personally liable for their actions.
Congratulations to the Shire of Yilgarn who were award their Tier 3 Silver diligence in Safety Award. James Sheridan, CEO LGIS and Christ Gilmour, Risk Specialist – Regional visited the
Shire on Tuesday 26 February to meet the Yilgarn team and present the award.
In February this year the Australian Tax Office (ATO) made a private ruling on the following question: ‘Is the income compensation component of the redemption settlement payable under Workers Compensation and Injury Management Act 2023 (WA) included in your assessable income under section 6-5 of the Income Tax Assessment Act 1997 (Cth)?’ The ATO’s very short answer was ‘Yes’.
It’s a question very few people want to ask but given the current cyber risk landscape shows no signs of slowing, it’s likely an inevitable question for organisations, including local governments.
Many local governments also have volunteer bushfire fighters (VBF). These volunteers are engaged through the Bush Fire Act 1954 (WA) which defines a ‘volunteer firefighter’ as a bushfire control officer, a person who is a registered firefighter member of a bushfire brigade established under the Bush Fire Act or a person working under the direction of that officer or a member.
Liability protection extends to volunteers acting within the scope of their duties for and on behalf of the local government.
In order to qualify to operate under the umbrella of local government, volunteers must only undertake approved, authorised and supervised activity that is within the purview of the Local Governemnt Act 1995 (WA).
This may include members of Commitees of Council, subject to these committees being established under the Local Governemnt Act 1995 (WA).
For the cover to respond, there needs to have been some negligence on the part of the volunteer which causes the damage / injury to a third party.
Volunteers are not a ‘worker’ as defined by the Workers’ Compensation and Injury Management Act 2023 (WA), so LGIS WorkCare cannot extend to cover volunteers’ injuries.
LGIS does provide personal accident protection for physical accidents and injuries to volunteers within set parameters. Limited non-Medicare medical expenses may be covered; however any benefits covered by Medicare and Private Health Insurance are not included in personal accident covers owing to the operation of the Health Act 1973 (Cith), the Private Health Insurance Act (2007), the Private Health Insurance (Health Insurance Business) Rules as updated from time to time, or the National Health Act (Cth).
Members should implement a system to ensure that the age of volunteers is recorded (see conditions of personal accident cover) along with police clearance certificates where considered necessary.
Volunteers between the ages of 16 and 91 are able to volunteer so long as they meet the requirements of the role. It is advisable that potential volunteers obtain a medical certificate from their doctor saying they are fit for work.
It is important to have a process whereby the local government can advise LGIS the name of the volunteer, type of volunteer work being done, hours of volunteer work, together with a risk assessment of the work that the volunteer is doing, as per the register.
Should a volunteer be injured in the course of their volunteering role then the volunteer should be offered a return-to-work program. Ideally the volunteer should be offered the services of the local government’s nominated medical practitioner or their own doctor (GP) and will need to be supported through their injury. Whilst medical costs are not covered, some of treatment costs may be covered by the personal accident protection and all claims should be submitted via the local government in the first instance.
Particular attention shoud be given to volunteers aged 15 years and under, and 75 years and over due to the limitations of the coverage provided.
It should be noted, that volunteers are not covered under the Worker’s Compensation and Injury Management Act 2023 (WA).
Volunteers may have to drive as part of their role and local governments must put reasonable steps in place to ensure their competency. The vehicle maybe considered a place of work.
A volunteer using local government vehicle or plant, should do so in a safe and reasonable manner.Generally, under those conditions, the local government’s fleet protection policy will provide cover. Additionally:
If a volunteer is driving a local government vehicle and gets into an accident that results in property damage or injury to another person, the local government may be held liable for the actions of the volunteer. It is crucial for organisations to implement proper training and supervision to minimise the risk of such incidents and ensure that volunteers understand their responsibilities and the potential consequences of their actions.
Volunteers who elect to or are requested to use their personal vehicles for volunteer work beyond the purposes of travelling to and from where they perform their volunteer work, must provide proof of insurance to the local government they are volunteering for. The local government must sight this proof and record it.
Local governments should develop a framework for volunteers using their own vehicles and ensure this is sighted and signed as part of their induction. In addition to the requirement noted above volunteers should be given a copy of the local government’s formal Grey Fleet Policy that defines the use of personal vehicles for work purposes and outlines the volunteer’s responsibility for insurance, safety standards, maintenance, and which is signed by the employee/volunteer. Local governments need to develop processes and tools to monitor and enforce their policies.
Volunteers should also notify the local government of any changes to their driving status, vehicle registration, insurance and confirm they will be responsible for any out-of-pocket expenses.
Local governments in Western Australia who have bushfire brigades are required to obtain and keep current protection coverage for volunteer bushfire fighters (VBF) under the Bush Fires Act 1954 (WA) (BFA) and the Fire and Emergency Services Act 1998 (FES) Part 6B. LGIS provides members with this protection so that they can meet their regulatory obligations.
LGIS provides the following protection to VBF who are carrying out ‘normal brigade activities’:
This protection is provided through LGIS Volunteer Bushfire Fighter Personal Injury protection, and can be briefly summarised as follows:
Protection is provided for loss or damage to:
This protection is for the market value or the reasonable cost of repair, whichever is the lesser.
Protection is provided for loss or damage to any privately owned property including prescription glasses. Protection is for the reasonable cost of repairs or replacement, whichever is the lesser and applies when a volunteer firefighter is undertaking “normal brigade activities.”
On occasion, injury and/or damage could be incurred by third parties when volunteer firefighters are carrying out their normal brigade activities. In such situation, threats and lawsuit could occur and they may be threatened with legal action claiming compensation for damages.
Accordingly, the Fire and Emergency Services Act 1998 (Section 37), provides a protection from any liability that a volunteer firefighter may incur in the purported performance of a function under the Emergency Services Act 1998, including carrying out ‘normal brigade activities (within the meaning of the Bush Fires Act 1954)’ provided they have carried out their duties, in good faith.
No, LGIS protection is solely available for volunteers that are registered and directed by the local government.
Community groups will need to secure their own insurance and may require a variety of covers, including public liability insurance to protect their members and interests. These groups may include community groups.
For more information and guidance for commnuity groups that operate within your local government area talk to your LGIS Account Manager.
The recent WA Local Government Convention was an excellent opportunity to chat with members and talk about the issues that matter to you. LGIS also appreciated the invitation from WALGA to provide members with an update at their AGM on our 2023/24 results and achievements. For more information, our end of financial year reports, A Year in Review and Annual Financial Report, are now available on the LGIS website or you can read the article on page 18.
Even the smallest or most remote local government in Western Australia is connected to the global commercial market through their protection. Over the next few editions we’ll look at the
factors of concern and influence for each portfolio for LGIS, this edition we’re looking at LGIS Liability and Property protection.
Working from home and hybrid working is now common practice for many local governments. It offers plenty of benefits to individuals and employer alike. It can provide meaningful flexibility for employees to juggle multiple demands and is now expected by many recruits.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
