Important notices
This questionnaire is for use when Sexual Abuse insurance cover is requested. Please read this section before completing this proposal
In respect of this questionnaire:
“Abuse” means any physical or nonphysical intentional action that harms or injures another person or other people.
“Assault” means any action, threat or attempt of inflicting physical harm to or unwanted physical contact with another person or other people.
“Sexual Abuse” means any abuse or assault of sexual nature, sexual molestation, indecent exposure, sexual harassment or intimidation.
“Safeguarding” is protecting the welfare and human rights of people (particularly people that may be at risk of abuse, neglect or exploitation) that are connected with an organisation. The term Safeguarding has previously been considered in reference to protecting children or vulnerable adults, however Australian legislation has broadened the definition to include all people who due to their personal circumstances require additional protection.
“Vulnerable people” can be any person with whom an organisation engages (clients, staff, contractors, volunteers, suppliers and other third parties). Vulnerable people have specific legislative and ethical protections relating to safeguarding over and above the overarching principle that all people must be protected from harm. Vulnerable people can include:
- children and seniors;
- people with impaired intellectual or physical functioning;
- people from a low socio-economic background;
- people who are Aboriginal or Torres Straight Islanders;
- people with low levels of literacy or education;
- people subject to modern slavery, which involves human exploitation and control, such as forced labour, debt bondage, human trafficking, and child labour.
Against a background of greater public awareness concerning “abuse” the potential long-term consequences for survivors of abuse, increasing recourse to litigation, possible wrongful accusations, and retrospective legal changes insurer keep under review risk management procedures and our underwriting approach for sexual abuse cover.
It is important to be aware that an incident today may give rise to a claim in perhaps 20 or more years’ time.
With this situation, there are complex long-term “abuse” exposure issues for policyholders and insurers alike. Good risk management is seen as a major underwriting factor in the prevention of abuse and the damaging consequences of possible wrongful accusations.
Depending upon the nature of an organisation, there are varying regulatory, compliance, and industry requirements relating to safeguarding vulnerable people and prevention of harm.
Compliance with these provisions will help reduce risk, however, a key element to minimise the “abuse” risk is the ongoing adherence by policy holders and their employees, contractors and volunteers to good risk management practices.
Safeguarding policies and procedures, including a Client Protection Policy, assist organisations manage prevention of harm to vulnerable people along with reporting of harm and are essential within good risk management frameworks.
Crucial features of Safeguarding Policies and Procedures include:
- That their provisions are embedded in the culture and day-to-day operation of the organisation at all levels with relevant formal training and refresher courses held at least every year.
- An ongoing review of these policies and procedures (at least every year) so as to maintain current good practice standards in safeguarding procedures and observe any changes to legislation, industry standards, and community expectations.
- The secure retention of all personnel employment, incident and investigation reports, liability insurance policies and other relevant incident-related correspondence. Such documents should be retained for no less than 50 years. The requirements of the current Privacy legislation should be observed in respect to documents containing personal data.
Such action assists you to:
- Protects vulnerable people.
- Maintain the integrity of the organisation.
- Avoid damaging allegations and possible litigation that can have a profound effect upon those involved.
- Maintain an appropriate risk management program, fulfilling your obligation to take reasonable and appropriate measures to protect from harm all persons in your care and employment and/or other specific conditions in accordance with the terms of your liability insurance policy with insurer.
The following Questionnaire draws attention to the most important features in Safeguarding and prevention of harm risk management. Upon receipt of the completed Questionnaire our underwriters will review your responses to determine your eligibility to obtain cover under the Sexual Abuse Insurance Optional Extension. If your responses meet our risk selection and acceptance criteria you will be provided with a quotation including full details of such terms.
A special note relating to record keeping
Incidents of abuse may only come to light after a long period of time, in some cases many years.
The long-term security of relevant documents including your Safeguarding policies and procedures and your Public Liability Insurance Policy is of crucial importance should allegations of abuse arise. All such documents must be securely retained for a minimum of 50 years.
Documents containing personal data (as defined in the relevant Privacy legislation) should be securely retained “for as long as necessary” (certainly from an insurance point of view no less than 50 years) to ensure that the documents are available in the event of an allegation of abuse arising.
The individuals mentioned in the documents should be notified that information about them may be held for a long period of time as part of a Safeguarding and prevention of harm risk management program. This may be best handled by use of a general statement in employment contracts and your published service use/member information literature.
In addition, storage provisions for all such documents must be arranged in the event the organisation ceases operations. Generally acceptable methods of storage in these circumstances would be at the office of a solicitor, accountant or at a professional secure storage company.
A note regarding your duty of disclosure
Answers to the following questions and information given assist insurer in the assessment of the risk. All relevant facts must be disclosed. Failure to do so may result in the insurance cover being inoperative. Relevant facts are those that would be likely to influence an insurer’s consideration of the risk. If you are in any doubt as to whether a fact is relevant it should be disclosed. You should keep a record of all information supplied to Insurer in connection with this insurance.
Unless we specifically request, we do not require sight of your written Safeguarding policies and procedures. You may be currently developing or updating your Policy. If that is the case you must advise us that the policies and procedures are being developed or reviewed. Whilst we can assist with the structure of your Safeguarding policies and procedures, guidance upon protection issues specific to the nature of your organisation should be sought from relevant authorities, central bodies or associations.