(1) The University of Queensland (UQ) maintains a portfolio of insurance arrangements to provide financial protection: (2) This Procedure outlines the framework for UQ’s insurance arrangements. It applies to all UQ staff and students, as well as Affiliates and people other than staff and students who assist in the conduct of UQ business and are covered by UQ insurance arrangements (e.g. honorary appointees and volunteers). (3) Insurance does not substitute the implementation of robust risk management practices, including risk assessments, to be implemented in accordance with the Enterprise Risk Management Framework Policy. (4) Insurance Services, within the Governance and Risk Division, can provide guidance on potential uninsured exposures for the purpose of risk assessments undertaken by Organisational Units. (5) For assistance with risk assessments, contact Enterprise Risk. (6) Insurance Services manages UQ’s insurance portfolio. All of UQ’s insurance coverage is arranged through Insurance Services, except for workers’ compensation for Queensland-based employees (which is administered by the Workplace Injury Management unit within the Health, Safety and Wellness Division of the Chief Operating Officer's portfolio). (7) All of UQ’s insurance arrangements are subject to the terms, conditions, exclusions and limitations as expressed in the respective insurance policies. Nothing contained in this Procedure affects the force or scope of the insurance policies. (8) Details of UQ’s insurance arrangements along with frequently requested certificates of currency are available from the Insurance Services webpage. (9) Some risks are not covered by UQ’s insurance. These can include unauthorised travel, student personal accident during sporting activities (which are not course related), liability for dishonest, fraudulent and criminal acts or omissions, and contractually assumed liabilities. Some UQ entities and Affiliates may have additional insurance, e.g. to cover risks specific to them. (10) Staff and students must notify Insurance Services (insuranceclaims@uq.edu.au) of any event or circumstance that may lead to an insurance claim as soon as practicable. This could include an accident or injury, property damage, or an allegation of wrong doing made by a third party against UQ or a member of staff, student, or other person assisting in the conduct of UQ’s business. Under no circumstances should any liability be admitted or agreement made with a third party. Staff and students must not discuss, negotiate or sign any agreement in the form or nature of, a deed of release, discharge or settlement of liability without specific advice from UQ Legal Services or lawyers appointed by UQ’s insurers. (11) Claim documentation and processes are specific to the type of insurance. The claimant must complete the relevant form, include supporting and substantiating documentation and email to insuranceclaims@uq.edu.au. More detailed information about types of claims and processes for submitting a claim are available on the Insurance Services webpage. (12) The Organisational Unit should liaise with Insurance Services to determine the appropriate method (subject to the delegation framework) of paying for initial loss expenses, pending the processing of the insurance claim. (13) If it appears that UQ may have a legal claim against a third party in respect of any loss that UQ has suffered or might suffer (for example because the party was involved in or responsible for the loss), the Organisational Unit should seek legal advice from UQ Legal Services. (14) Organisational Units incurring the loss are expected to pay the applicable excess for any given insurance claim. In some circumstances, the excess or a portion of the excess may be paid from central budgets. For example, Insurance Services generally pays a significant part of a property claim excess. Insurance Services will advise the relevant Organisational Unit if a particular excess will be paid from central budgets. (15) Organisational Units regularly negotiate contracts or agreements on behalf of UQ with counter-parties for the supply by UQ or acquisition by UQ of goods or services. Most counter parties will require UQ to have insurance for the activity or provide indemnities for any losses or legal claims that might arise against them as a result of UQ’s activity. (16) Organisational Units must ensure contracts or agreements are only entered in accordance with UQ’s Financial and Contract Sub-delegations Procedure, and are within UQ’s risk appetite where they include activities, events or potential liabilities or other requirements that are not covered by the terms of UQ’s insurance or otherwise exceed UQ’s insurance cover. Staff can refer to the relevant certificate of currency or contact Insurance Services (insurance@uq.edu.au) for advice on UQ’s insurance coverage levels and potential uninsured exposures. (17) Should an insurance claim arise, the Organisational Unit may need to pay the applicable excess and fund any shortfall over UQ’s insurance coverage. (18) When required, Organisational Units should seek advice from UQ Legal Services, Insurance Services and/or Enterprise Risk. (19) External consultants and contractors engaged by UQ are not usually covered by UQ insurance and should hold their own policies, in particular public liability insurance and professional indemnity insurance. (20) UQ's Standard Agreements detail the types and amounts of insurance requested to be provided by consultants and contractors. (21) For larger projects and contracts, the level of coverage should be considered after the Organisational Unit has assessed the risk to UQ should an incident occur as a result of the consultant’s or contractor’s work, acts or omissions and increased where appropriate and reasonably available in the insurance market. (22) Where the consultant is unable to provide the requested level of coverage, the Organisational Unit must undertake a risk assessment to determine whether the insurance position of the counterparty represents an acceptable risk. This assessment should consider the types and values of claim that might arise, their likelihood of arising, and the extent to which any counterparty insurance would respond to such a claim. In addition, changes to UQ’s standard contract terms and conditions (including to insurance amounts), require the appropriate sub-delegate to approve or sign off as per the Schedule of Contract Delegations and Sub-delegations. (23) Organisational Units must obtain and retain copies of the certificates of currency for the consultant’s or contractor’s insurance policies. This is a standard step in UQ’s due diligence and contract administration. (24) The role of Insurance Services includes: (25) Heads of Organisational Units are responsible for: (26) Insurance Services maintains and monitors: (27) The Senior Manager, Insurance Services is the Category Owner for all insurance policy purchases in accordance with UQ’s Procurement Policy. (28) Insurance Services will review this Procedure as required to ensure its currency and relevance to the management of insurance at UQ. (29) Insurance Services’ reporting responsibilities include: (30) For the purposes of this Procedure: (31) UQ manages its insurance portfolio in accordance with the following legislation:Insurance Coverage and Management of Claims Procedure
Section 1 - Purpose and Scope
Section 2 - Process and Key Controls
Risk Assessment and Management
Insurance Management
Insurance Arrangements
Notifying Potential Insurance Claims
Making an Insurance Claim
Section 3 - Key Requirements
Contracts and Agreements
Hiring Consultants and Contractors
Section 4 - Roles, Responsibilities and Accountabilities
Insurance Services
Heads of Organisational Units
Top of Page
Section 5 - Monitoring, Review and Assurance
Section 6 - Recording and Reporting
Top of PageSection 7 - Appendix
Definitions, Terms and Acronyms
Term
Definition
Affiliate
Any entity wholly or partly owned or controlled by UQ which has been accepted by the insurer as an insured at the request of UQ and specified as such in the Certificate of Entry or Policy/Protection Schedule.
Excess
The first amount payable by the claimant in the event of a loss, and is the uninsured portion of the loss; when a claim is submitted an excess may be payable (sometimes also referred to as a “deductible” or “retention” in insurance policies).
Exclusions
Property, risks, conditions or events that are not covered by the insurance contract; examples include criminal penalties (e.g. imprisonment) or certain civil penalties (e.g. some fines).
Liability
Any legally enforceable obligation (e.g. to pay monetary compensation).
Loss
A physical loss of property or a potential financial loss as a result of bodily injury or damage to property or a legal action against UQ.
Organisational Unit
Any Faculty, School, Institute, Centre or Division of UQ.
Staff
A current employee of UQ.
Student
A current, enrolled student of UQ.
Related legislation
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