Local Community Insurance Services - Community Association Insurance; Voluntary Workers Insurance; Volunteer Personal Accident Insurance; Risk Management Process; Risk Management Insurance; Community Group Risk Management.

Public & Products Liability & Association Liability (QBE):

Duty of Disclosure

Before you enter into an insurance contract, you have a duty to tell us anything that you know, or could reasonably be expected to know, may affect our decision to insure you and on what terms.

You have this duty until we agree to insure you.

You have the same duty before you renew, extend, vary or reinstate an insurance contract.

You do not need to tell us anything that:

• reduces the risk we insure you for; or
• is common knowledge; or
• we know or should know as an insurer; or
• we waive your duty to tell us about.

If you do not tell us something

If you do not tell us anything you are required to, we may cancel your contract or reduce the amount we will pay you if you make a claim, or both.

If your failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed.

Claims made

This Policy operates on a ‘claims made and notified’ basis. This means that the Policy covers you for claims made against you and notified to us during the period of insurance.

The Policy does not provide cover in relation to:

1. acts, errors or omissions actually or allegedly committed prior to the retroactive date of the Policy (if such a date is specified);
2. claims made after the expiry of the period of insurance even though the event giving rise to the claim may have occurred during the period of insurance;
3. claims notified or arising out of facts or circumstances notified (or which ought reasonably to have been notified) under any previous policy;
4. claims made, threatened or intimated against you prior to the commencement of the period of insurance;
5. facts or circumstances of which you first became aware prior to the period of insurance, and which you knew or ought reasonably to have known had the potential to give rise to a claim under this Policy; and
6. claims arising out of circumstances noted on the proposal form for the current period of insurance or on any previous proposal form.

Where you give notice in writing to us of any facts that might give rise to a claim against you as soon as reasonably practical after you become aware of those facts but before the expiry of the period of insurance, you may have rights under section 40(3) of the Insurance Contracts Act 1984 (Cth) to be indemnified in respect of any claim subsequently made against you arising from those facts notwithstanding that the claim is made after the expiry of the period of insurance. Any such rights arise under the legislation only. The terms of the Policy and the effect of the Policy is that you are not covered for claims made against you after the expiry of the period of insurance.

The applicants for insurance

In this proposal the Applicants for insurance are:

• The Association (that being the company or organisation named in this proposal);
• The Insured Person(s) as defined in the policy wording; and
• Any Outside Entity or Outside Directorship for which cover is sought.

Before completing this proposal, enquiries should be made with each proposed Insured in relation to the questions and declarations to be completed on their behalf.

All terms highlighted in bold type are defined in QBE’s standard policy wording.

Privacy

We’ll collect personal information when you deal with us, our agents, other companies in the QBE group or suppliers acting on our behalf. We use your personal information so we can do business with you, which includes issuing and administering our products and services and processing claims. Sometimes we might send your personal information overseas. The locations we send it to can vary but include the Philippines, India, Ireland, the UK, the US, China and countries within the European Union.

Our Privacy Policy describes in detail where and from whom we collect personal information, as well as where we store it and the full list of ways we could use it. To get a free copy of it please visit qbe.com.au/privacy or contact QBE Customer Care.

It’s up to you to decide whether to give us your personal information, but without it we might not be able to do business with you, including not paying your claim.

Volunteer Personal Accident Insurance (AFA):

Your Duty of Disclosure

For insureds who are not a natural person, before you enter into an insurance contract, you have a duty to tell us anything that you know, or could reasonably be expected to know, may affect our decision to insure you and on what terms.

You have this duty until we agree to insure you.

You have the same duty before you renew, extend, vary or reinstate an insurance contract.

You do not need to tell us anything that:

• reduces the risk we insure you for; or
• is common knowledge; or
• we know or should know as an insurer; or
• we waive your duty to tell us about.

Privacy

In this Privacy Notice, ‘We’, ‘Us’, ‘Our’ means Zurich and AFA. ‘You’, ‘Your’ or ‘Yours’ means the insured or an insured person as applicable.

Zurich and AFA are bound by the Privacy Act 1988 (Cth). We collect, disclose and handle information, and in some cases personal or sensitive (eg health) information, about you (‘your details’) to assess applications, administer policies, contact you, enhance our products and services and manage claims (‘Purposes’). If you do not provide your information, we may not be able to do those things. By providing us, our representatives or your intermediary with information, you consent to us using, disclosing to third parties and collecting from third parties your details for the Purposes.

We may disclose your details, including your sensitive information, to relevant third parties including your intermediary, affiliates of Zurich Insurance Group Ltd, affiliates of AFA, other insurers and reinsurers, our banking gateway providers and credit card transactions processors, our service providers, our business partners, health practitioners, your employer, parties affected by claims, government bodies, regulators, law enforcement bodies and as required by law, within Australia and overseas.

We may obtain your details from relevant third parties, including those listed above. Before giving us information about another person, please give them a copy of this document. If you give us information about another person (such as an insured person, their spouse, dependent children, or close family member), we will rely on you to have told them that you will provide their information to us and to have provided them with this privacy text. If the information is sensitive (eg health) information, we will rely on you to have obtained their consent to give the information to us. Laws authorising or requiring us to collect information include the Insurance Contracts Act 1984 (Cth), Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), Corporations Act 2001 (Cth), Autonomous Sanctions Act 2011 (Cth), A New Tax System (Goods and Services Tax) Act 1999 (Cth) and other financial services, crime prevention, trade sanctions and tax laws.

Zurich’s Privacy Policy, available at www.zurich.com.au or by telephoning Zurich on 132 687 and AFA’s Privacy Policy is available at www.afainsurance.com.au or by telephoning 1300 728 997, provides further information and lists service providers, business partners and countries in which recipients of your details are likely to be located. It also sets out how we handle complaints and how you can access or correct your details or make a complaint.

Binding Authority:

Local Community Insurance Services (LCIS) is a division of JLT Risk Solutions Pty Ltd (ABN 69 009 098 864 AFS Licence No: 226827) (“JLT”) and is a business of Marsh McLennan.

Volunteer Personal Accident: This insurance is issued by JLT under an authority to bind cover on behalf of the underwriting agency, AFA Pty Ltd (ABN 83 067 084 333 AFSL 247122) (“AFA”) on behalf of the insurer Zurich Australian Insurance Limited.

Public & Products Liability & Association Liability: This insurance is issued by JLT under an authority to bind cover on behalf of the insurer, QBE Insurance (Australia) Limited (‘QBE’). In issuing and underwriting this insurance, JLT act as agents of QBE and not as your agent.

In issuing and underwriting this insurance, JLT act as agents of the insurer and not as your agent. JLT is not the insurer.

If JLT cannot issue insurance to you as an agent of an insurer because the underwriting information you have provided means that the insurable risk falls outside of our Binding Authority, JLT can instead arrange your insurance on the open market as your agent. In this instance, JLT will be acting in a dual capacity, as an agent for the insurer in collecting the information and then as your agent in arranging the insurance.

JLT will also be acting in such a dual capacity in circumstances where you have obtained multiple insurance policies through JLT, where some of those policies have been issued by JLT as agent of an insurer and others have been arranged by JLT as your agent.

All insurance coverage is subject to the terms, conditions and exclusions of the applicable individual policies.

JLT cannot provide any assurance that insurance can be obtained for any particular client or for any particular risk.

LCPA #24/396.