Policy Material

Insurance

Alert No 107 Attach 0ne

4 Key messages

 

1. There is market failure

  • Professionals can’t get insurance for many types of work

and, when they can get it, they find premiums and excesses have skyrocketed.

  • Consumers won’t be able to get the professional services they need:

professionals won’t be providing them because they can’t get insurance cover –

or they will have closed down altogether.

  • Consumers also run the risk that a professional is not insured

but they won’t necessarily know this.

2. It’s happening here and now

  • It’s happening right here in the electorate of [….]

and it’s affecting many professions.

  • It’s happening particularly to small business people

because the majority of professionals are in small business.

3. There is a solution: PSL + PL + TPA

 

PSL – Professional Standards Legislation (for economic loss, not personal injury)

  • Protects consumers – by requiring professionals to have professional indemnity insurance

and by requiring high professional standards and risk management.

  • Protects professionals – by capping civil liability payouts

but at a high level so that all claims from individual consumers are covered and 98 per cent of corporate claims.

  • Gives some certainty to insurers – because they can calculate likely payouts.

PL – Proportionate Liability

  • Makes providers responsible only for the loss they themselves cause.

TPA – Trade Practices Act amendment

  • Treat liability under the TPA in the same way as actions under State or Territory law.

4. Do it nationally – and as a package

  • Nationally consistent basis – ‘one in, all in’

to avoid ‘forum shopping’

to avoid professionals leaving jurisdictions that don’t have PSL and PL.

(We can provide a pamphlet on the issues and a short paper on how national administration would work.)

  • Finally, all three parts are essential: PSL + PL + TPA.

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