Month: April 2024

Significant changes incoming for NSW & VIC compensation schemes

Employers and businesses who operate in New South Wales and Victoria need to be aware of some quite significant changes across both schemes in the lead up to this 30 June 2024.

In NSW the Nominal Insurer scheme (icare) continues to evolve off the feedback given by employers, broker partners and injured workers alike.

In 2018 we saw what effectively became a single-claims provider scheme commence.

The ‘Authorised Provider’ model was the first step in July 2020 in rewinding the single-provider model, offering choice of claims provider to the largest customers within the scheme.

This coming 30th June 2024, the Medium sized employers (Average Performance Premium of $200,000 to $500,000) will now also have choice of claims provider.

What this means is employers with a policy of this size will qualify to have their Workers Compensation claims managed by any of the following NSW scheme agents and will be required to stipulate at renewal who they would like this to be:

  • EML
  • QBE Insurance
  • Allianz Insurance
  • GIO Insurance
  • Gallaher Bassett, or
  • DXC (formally known as Xchanging)

The Workers Compensation Risk team at Warren Saunders Insurance Brokers work closely with all these providers and are here to help if you need any advice/ recommendations or support in this area.  Please just reach out to your WSIB representative.

In VIC, legislation which has passed through Parliament will see changes to entitlements for mental or psychological injuries. The changes will see claims being made for incidents or events that are “typical and reasonably expected to occur” in the course of employment be more heavily scrutinised and more likely be declined at eligibility review. Claims arising through interpersonal conflict whose being claimed as bullying or harassment are one example of claims more likely to be rejected than accepted under the changes.

Another significant change to the Act which has also been passed is the entitlement to long-term tail claims, whose eligibility criteria for ongoing benefits beyond 2.5 years has increased. This could make it harder for injured workers with long term injury and illness to seek benefits under the Victorian workers compensation laws, however WSIB would expect the interpretation of these laws to be much clearer over the course of time once the new legislation is tested through appeals processes in the future.

Should you have any questions in regard to the above updates, or anything specific to your Workers Compensation program, do not hesitate to contact us here at WSIB at team@wsib.com.au or (02) 9587 3500.

Are you properly protecting your home from water damage? See these tips

While most homeowners focus on protecting their homes against theft and fire through locking devices, alarm systems and smoke detectors, they tend to ignore another major threat to their homes – internal water leak damage. Homeowners of a property with a history of water damage could face difficulty obtaining insurance, or experience higher premiums.

To minimise the chance of internal water leak damage, here are some proactive steps you can take to protect your home. 

1. Checking the quality of your flexi-hoses

The easiest way to avoid a devasting water damage loss is to physically inspect your flexi hoses and look for signs of corrosion. Burst hoses can cause floods, which is why it is important to regularly inspect them, especially when you plan to be away for extended holidays.

Flexi-hoses can be found under the sinks in your kitchen, butler’s pantry, bar, laundry and bathrooms. If any hoses are showing signs of leakage or corrosion, they need to be replaced immediately. A corroded hose will ultimately burst, which has the potential to flood your home. Replacement flexi-hoses should be of a superior quality and have Australian Standard certification S 3499:2022. These hoses can be installed by a licensed plumber. 

2. Turn off your water while away from your home

A great way to ensure your home remains free of water damage while you are away, is to turn off the water supply at each wet area. Simply locate the stop taps under your sinks or hand basins and turn them off. This straightforward action eliminates the possibility of a water leak caused by an appliance while you’re on vacation. You can also turn off water supply at stop taps located on your plumbed refrigerators, water filters, and washing machines. 

3. Inspect your plumbing

Regular inspections by a licensed plumber to check the valves on your sinks, showers, and toilets, to ensure they are in good working order, can help identify potential issues. 

Plumbing supply systems are the number one cause of non-weather-related losses. That means your kitchen, bathrooms, and laundry room, and the pipes that connect them to the water supply, warrant a bit more attention. A qualified plumber can inspect your plumbing water lines and waste line for leaks, damage or corrosion. 

4. Check air conditioning units

A water leak from an air conditioner means you will need to address repairs and assess the water damage done to your home. A major air conditioner leak can affect everything from ceilings, walls, floorboards and can damage, walls, and induce mould growth.

Air conditioner leaks are often caused by dirty unit filters, cracked pipes, clogged condensate lines or broken condensate pumps. Investing in routine inspections to identify water leaks or changing your filter regularly to prevent the unit from overworking, can help prevent leaks before they start.  

If you do experience water damage, it is important to have the right insurance coverage that will cover your home and valuables sufficiently while giving you the support and resources to get back on your feet. 

Contact Warren Saunders Insurance Brokers at team@wsib.com.au or (02) 9587 3500 for your insurance solutions.

Source: Chubb 
Tips for protecting your home’s interior from water damage | Chubb

How does your cyber security match up?

One of the primary risk management issues currently being faced by many of our clients is cyber security particularly in respect of personally identifiable information (PII) and privacy. The legislative landscape around PII and privacy has been subject to rapid and significant reform in recent years. The last update to privacy legislation in 2022 significantly increased penalties for repeated or serious breaches of privacy legislation by companies.

The Enforcement Act (2022)

The most significant reform from the 2022 update was to the Enforcement Act and increased the maximum penalties applicable for serious or repeated breaches to the following:

Whichever is the greater of:

  • AU$50 million;
  • If the court can determine the value of the benefit that the body corporate, and any related body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the contravention—three times the value of that benefit; and
  • If the court cannot determine the value of that benefit—30% of the adjusted turnover of the body corporate during the breach turnover period for the contravention.

Proposed Privacy Act Reform (2024/5)

The proposed Privacy Act reform currently passing through Federal parliament will likely be passed later this year and enacted early 2025. This reform represents the most significant Privacy Act reform since the Act was passed in 1988. Some of the proposed reforms are outlined below.

  • Broadening the scope of personal information likely include technical (e.g. IP addresses) and inferred information.
  • Enhanced privacy protections for such employees can be implemented within the Privacy Act.
  • Introduction of a new ‘fair and reasonable in the circumstances test’ to the collection, use and disclosure of personal information.
  • Requirement that organisations determine and record the primary and secondary purposes for collecting, using and disclosing personal information.
  • A new direct right of action for individuals. Individuals (including a group) who have suffered loss or damage as a result of an interference of privacy would be allowed to directly claim against entities holding their information. This opens up potential class actions by groups who have had their privacy breached against the company that held their information.
  • Requirement to establish, disclose and periodically review retention periods for personal information.
  • 72-hour notification requirement in the event of an eligible data breach
  • Introduce a new ‘mid-tier penalties’ for interferences with privacy that are not otherwise serious, and a ‘low level’ penalties for specific administrative breaches.

Cyber & Privacy Outlook update

For a comprehensive review of current and upcoming legislation in the areas of Cyber and Privacy, we refer to the Albrecht Burrows 2024 Cyber and Privacy Outlook update for 2024. For Directors & Officers of an organisation, the most pertinent sections of the update are the “The Privacy Act”, “Director’s Duties and Cybersecurity” and “Third Party Liability for cyber and privacy”.

Tailored Assessment

If you are interested in understanding more about the risks associated with the handling of personal information and what these changes mean for your business, please contact our office on (02) 9587 3500 and we can help put you in a position which is informed and prepared for these upcoming changes.