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INSURANCE ACT 2003 (WANGARATTA DIOCESE)


DIOCESE OF WANGARATTA

THE INSURANCE ACT

(Replacing The Insurance Act 1995)

No. 2, 2003


AN ACT

TO MAKE PROVISION FOR INSURANCES COVERING AND INDEMNIFYING
THE DIOCESE AND CLERICAL AND LAY PERSONS
AGAINST CERTAIN LOSSES


WHEREAS it is deemed expedient to regulate the provisions of insurances to cover and indemnify the diocese against loss to Church property and against liability for loss suffered by persons using Church property and by clerical and lay persons engaged in Church work.

BE it enacted by the Bishop the Clergy and the Laity of the Anglican Church of Australia within the diocese of Wangaratta duly met in Synod according to law as follows:-

1. The Act of this Synod known as The Insurance Act 1995 shall be repealed except as to every operation effected by or Act done under the said enactment or as to any right, title or liability already acquired or accrued thereunder.


Short Title
2. This Act may be cited as “The Insurance Act 2003”.
Repeal of The Insurance Act 1995

Definitions

3. In this Act:
“managing body”
shall mean the Bishop, the Bishop in Council, the Parish Council, Committee of Management or Board whether or not appointed under any Act of the Synod, which wholly or proportionally pays the stipend, salary or wage of any clerk, lay assistant, salaried officer or wage earning employee or which is in any way responsible for any insurable building or other property.
“regulations”
shall mean the regulations made by the Bishop in Council pursuant to Section 9(c) of this Act.

Insurance Cover

4. For the diocese including

(a) each managing body

(b)property vested in The Wangaratta Diocesan Trustees or
The Wangaratta Diocesan Trustees (N.S.W.) as the case
may be (hereinafter referred to as “vested Church property”)

(c) voluntary workers

(d) licensed stipendiary clerks
(e) stipendiary lay assistants, salaried officers and employees
on wages

adequate insurance cover shall be provided in the name of the Bishop of Wangaratta, The Wangaratta Diocesan Trustees or The Wangaratta Diocesan Trustees (N.S.W.) against the following risks:


DIOCESE OF WANGARATTA

THE INSURANCE ACT

(Replacing The Insurance Act 1995)

(i) damage to buildings and contents by earthquake, fire, flood, storm and tempest, impact, vandalism and aircraft

(ii) loss by theft including burglary

(iii) personal injury suffered by voluntary church workers whilst engaged on any authorised Church activity
(iv) legal liability in respect of bodily injury, illness, death and damage to property the result of any accident happening or omission in connection with any activity of the Church or Church agency or with vested Church property
(v) personal injury or injury suffered by
(a) any licensed stipendiary clergy or
(b) any stipendiary lay assistant, salaried officer or wage earning employee except, for any such person, the injury or illness is covered under government Workcover legislation for which the insurance cover shall be by stipend, salary or wage continuance payments.
(vi) loss suffered arising from any negligent act or omission or failure by an officer or member of the managing body in the performance of or omission or failure in respect of any duty assigned to such officer or member.
(vii) loss suffered arising from any dishonest fraudulent or criminal act of or malicious breach of duty of any officer or member of the managing body.

Notification of injury or illness
5. (a) If any personal injury or illness is suffered by any of the persons referred to in Section 4(v) of this Act which prevents any such person carrying out the duties of office or employment
and which prevention continues for a period of seven days,
such person shall give notification in writing as provided for in
the regulations.

(b) Where the personal injury or illness suffered by any of
these persons:
(i)Election to make claim







Requirement to make claim















continues for a period of ninety days from the date of notification such person may elect to make a claim for stipend salary or wage continuance payments
(ii) continues for a period of one hundred and eighty days from the date of notification the Bishop may require such person to obtain from a legally qualified medical practitioner approved by the Bishop an opinion as to the ability, or otherwise, of such person to carry out the duties of office or employment. If the opinion given is that there is a disability which is likely to continue for a period of a further ninety days at least the Bishop may
require such person thereupon to claim for continuance payments.

Effect of acceptance of claim

6. A member of the clergy and any of the other persons referred to in Section 4(v) of this Act who has elected to make a claim for continuance payments under Section 5(b) of this Act, on acceptance of such claim by the insurance company to which the claim has been made, shall resign any office or position in the diocese held by such member and the effective date of such resignation shall be the date of the commencement of the stipend continuance payments.

DIOCESE OF WANGARATTA

THE INSURANCE ACT

(Replacing The Insurance Act 1995)
Prior entitlements not affected






Liability for payments

7. The stipend, salary or wage of any person to whom continuance payments commence to be paid shall not affect the entitlement of such person, for any unpaid stipend, salary or wage or for any allowances or emoluments unpaid by a managing body at the date of the commencement of such continuance payments

8. Where any of the persons referred to in Section 4(v) of this Act suffer a personal injury or illness the liability for the payment of the stipend salary or wage including allowances or other emoluments of any such person and of any relieving person shall be set out in the regulations


9. It shall be the responsibility of the Bishop in Council:-

(a) to determine from time to time the insurance company or
companies with which the insurances required by this Act shall be effect.
(b) to determine the amount of cover to be provided against any of the risks detailed in Section 4 hereof and for what managing body the same is to be provided, provided always that each managing body shall be invited to make its submissions to the Council of the Diocese before such insurance or variation thereof is effected.
(c) to supervise the administrative procedures required to give effect to the provisions of this Act and to make where necessary regulations to this end.

Council to Control


Blanket Policy

10. The Bishop in Council may arrange insurance coverage against any one or more of the risks detailed in Section 4 hereof in one or more single insurance policy or policies (hereinafter referred to as a “blanket policy”) and if so arranged:-
(a) all then existing diocesan insurances shall be incorporated in the or each appropriate blanket policy
(b) each managing body shall be liable for the share of the premium or premiums payable on the or each blanket policy under which it has been covered as determined by the Bishop in Council
(c) the Registrar of the Diocese shall forward annually to each managing body a notice which shall set forth the details of the risks covered and the share of the total premium or premiums for which it is liable in respect of the or each blanket policy and the method by which such premium or premiums shall be paid.




Passed: 31st May 2003
Assented to: 13th June 2003






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