1. Immediate action required at the time of an incident
2. Reporting an incident
3. Managing a claim
See Liability Incident Reporting Flow Chart
|1.||Action required at the time of an incident||Immediately||
- At the time of an incident, agencies and their employees must:
- take immediate action to minimise the extent of personal injury or property damage to a third party (but not at the expense of their own safety);
- record details of the incident, including witnesses’ names and contact details; and
- contact the police (if a crime has been committed).
- Agencies and their employees must not:
- admit liability, either verbally or in writing; or
- agree to pay or settle any third party costs.
|2.||Reporting an incident||Within 24 hours of the incident||
- The Claims/Incidents Report Form must be completed, signed and faxed to Marsh within 24 hours of the agency becoming aware of all incidents (excepting medical liability incidents) resulting in:
- personal injury to a third party; or
- third party property damage likely to result in a claim or caused by the actions of a government employee.
- Important: If any legal demands (including court documents) are received by an agency, it must immediately advise, and forward the documents to, the Office of the Director of Public Prosecutions (and provide copies to Marsh) - they often require immediate legal action. The DPP (and Marsh) must also be immediately advised of details of any impending inquests or official enquiries. Any other communications from third parties must be immediately forwarded to Marsh.
- Medical liability incidents should be reported to the Department of Health and Human Services in accordance with established agency protocols.
- Other agencies may also have additional internal reporting requirements. These should be followed in accordance with agency guidelines.
|3.||Managing a claim||Ongoing||Fund Administration Agent
Office of the Director of Public Prosecutions
- The Fund Administration Agent, Marsh Pty Ltd, is responsible for administering all claims in accordance with written instructions provided by agencies and, where applicable, the Office of the DPP. This includes:
- appointing and instructing loss assessors and/or investigators, if required;
- providing claim management advice to agencies and, through agencies, to the Office of the DPP;
- regularly providing agencies with reports on the progress, and actual and outstanding costs associated with each claim, including copies of reports from investigators / loss assessors;
- negotiating settlements, or representing the agency in court, with regard to small claims (ie claims up to $5 000) and, where appropriate, ensuring that a Deed of Release is prepared by the Office of the DPP to prevent further action; and
- paying settlements and associated claim costs.
- The Office of the DPP must be involved in all negotiations, settlements, or court appearances regarding large or complex claims. The Office of the DPP must also be advised whenever a legal demand is received by an agency.
- The Office of the DPP will arrange for external legal assistance, in consultation with the agency, if it determines that it is required.
Department of Health and Human Services
- Agencies are ultimately responsible for the management of liability claims and must instruct Marsh (in writing) and, where applicable, the Office of the DPP, regarding the management of those claims.
- From 1 July 2008, medical liability claims have been managed by the Fund Administration Agent in collaboration with the Department of Health and Human Services and the Office of the DPP.
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