Insurance—FAQs
The dance industry has special insurance
needs
In partnership with Aon, Ausdance National has created an insurance package
to meet them.
These days the many types of insurance on
offer can be confusing and troubling, if you don’t know what you
need—yet it is now essential for those involved in dance in Australia
(whether you’re an independent artist, a company on tour, or running
a dance school, studio or company), to have adequate insurance
cover for the full range of risks associated with the dance profession.
Recognising
this, Ausdance—in conjunction with Aon—established the Ausdance
Insurance Scheme, comprehensive insurance cover for all forms of
dance and dance activity.
Here are answers
for some frequently asked questions about the Ausdance Insurance Scheme and insurance for the dance
industry.
What is the Ausdance Insurance Scheme?
In 1987 Ausdance, in conjunction with Aon Risk Services Australia
Limited (Aon), established the Ausdance Insurance Scheme, a comprehensive
insurance covering all forms of dance and dance activity. Whether
you’re an independent artist, a company on tour, or running a
dance school, studio or company, this is an insurance package
tailored for your industry.
The Ausdance insurance scheme ensures you get the most suitable
insurance cover at extremely competitive prices. Cover is available
for all types of performances and can be extended to include other
dance-related activities (subject to limitations).
Who is Aon?
Aon is a leading provider of risk management services, insurance
and reinsurance broking, financial planning and employee benefit
and risk solutions. Aon is one the largest insurance brokers
in Australia for all forms of dance and dance-related activities,
and has been in partnership with Ausdance for almost 20 years.
For more information on the insurance scheme, call one of Aon’s
dedicated Ausdance insurance team members on 1800 805 191 or email
them at ausdance@aon.com.au.
For more information on what else Aon offers, visit www.aon.com.au.
What does the Ausdance Insurance Scheme cover?
The Ausdance Insurance Scheme provides a full range of insurances
for teachers, administrators, independent artists and companies,
including public liability and professional indemnity insurance.
Outside of the Ausdance Insurance Scheme, Aon can also provide
insurance cover for:
- studio contents and property protection
- business interruption and loss of income
- no-show, including financial loss due to cancellation, curtailment
or postponement of performances, venue costs, performers’ and
managers’ fees, equipment hire etc.
- personal accident and illness, lump sum death and disablement
- travel
- workers’ compensation
- voluntary workers
- domestic home and contents
- commercial contents and building
- motor vehicle
- community festivals auspiced by Ausdance members.
How do I get the insurance?
Aon, as an Ausdance partner, is able to provide advice and insurance
cover for all of your insurance requirements. Give a member of
their dedicated Ausdance insurance team a call on 1800 805 191,
or email them at ausdance@aon.com.au,
to talk about your individual requirements. However, Ausdance
staff members are unable to provide any insurance advice to you,
as they are not correctly licensed to do so.
Why the Ausdance
Insurance Scheme and not another insurance?
All insurance policies are not necessarily the same. When comparing
insurance policies it’s important to look at what is provided and
then consider if it is suitable for you. Consider the level of
cover provided (i.e. the sum insured), the amount of excess and
most importantly the insurer security behind the policy. Is the
insurer a fully authorised Australian insurer?
The Ausdance policy
has been tailored by Aon and Ausdance, over a 20 year association,
to ensure that it meets the ongoing and ever-changing demands of
the dance industry. It is backed by a dedicated service team within
Aon, as well a fully authorised
Australian insurer, ACE Insurance.
What should I look for
in an insurer and in my policy?
Insurance offered by some companies often appears to be attractive
because it’s cheap. But it’s important to look beyond the price
and to also consider:
- how the insurance policy actually protects you. Is the policy
written in a way that the insurance company may avoid paying
claims you make, that would usually be paid by another company
providing a similar product?
- if the insurance company gets into financial difficulty, will
it be able to pay your claims?
What is an unauthorised foreign insurer?
An 'unauthorised foreign insurer' has its insurance business outside
Australia. These insurers can offer insurance in Australia, but
they are not regulated by the Australian Prudential Regulation
Authority (APRA) and don't need to meet APRA's capital or other
requirements.
(Source: www.asic.gov.au)
Insurance
regulation, similar to Australia’s, does exist in many countries.
However, some countries have little or no prudential regulation
and there is little or no attempt by the governments to ensure
the strength and claims paying ability of insurance companies.
Unscrupulous
and opportunistic insurance companies often set up business in
such countries to avoid prudential regulation, because they do
not have sufficient financial strength.
For further information relating to unauthorised foreign insurers
please visit www.asic.gov.au
What kind of insurance do I need?
Most teachers and performers will require a combination of insurance
cover depending on their circumstances. In particular, you will
usually need insurance to cover:
- Public liability
- Professional indemnity
- Workers’ compensation (or personal accident if a sole trader)
- Commercial building and/or contents.
What is public liability insurance?
Public liability insurance covers you, (e.g. as an independent
artist, studio or dance company) for accidental bodily injury
or property damage suffered by your students, dancers, clients
or members of the public, at your premises or anywhere you work; for
example, one of your students falling and injuring themselves
at your school because of a slippery floor.
The injury or
damage must be caused by your negligence and does not cover medical
expenses for students or dancers who simply fall and hurt themselves.
What is professional indemnity cover?
Professional indemnity covers you for financial loss, where someone
claims professional wrongdoing by you in the course of your services. For
example, delivering inappropriate teaching methods causing injury,
providing negligent advice or guidance, defamation or breach
of confidentiality.
What is workers’ compensation insurance
and how do I obtain cover?
All employers are required by law to have a workers’ compensation
insurance program in place and be in a position to provide support
to injured workers when returning to work.
Workers’ compensation
is maintained and administered via the various state governments
throughout Australia. The premiums are calculated using a number
of factors and are based on a declaration of estimated wages and
total actual wages paid.
Is it important for an incorporated
association to have insurance?
An incorporated association has all the powers of an individual
and is legally able to do things in its own name (e.g. own land,
sign a lease or appear in court).
An incorporated association also has some obligations, such as
paying application fees, having annual audits and having to lodge
annual financial returns.
Any assets, rights and liabilities, prior to becoming an incorporated
association, become the assets, rights and liabilities of the incorporated
association. Any legal proceedings or actions taken by or against
the association before becoming incorporated, may be continued
and finalised by or against the incorporated association.
(source: www.fairtrading.qld.gov.au)
Further, under the Associations Incorporation Act, an incorporated
association must have adequate public liability insurance.
Can I be covered as a director or officer?
Increased regulation and greater exposure to litigation, means
as a director or officer, you are exposed to a greater level
of risk and therefore an increased need for protection. You are exposed to litigation from a variety of different sources,
such as:
- employees—alleging discrimination, harassment, breach of
employment contract, defamation, misleading misrepresentation,
wrongful discipline etc.
- creditors—alleging that a director allowed the company to
trade, while knowing it could not pay its debts.
- state and federal regulatory bodies—directors and officers
may be personally liable for breaches of many statutes and subject
to actions taken by the Australian Competition and Consumer Commission
(ACCC), Australian Securities and Investments Commission (ASIC)
and the Australian Taxation Office (ATO).
- competitors—alleging breaches of the Trade Practices Act,
by the directors, for misleading and deceptive conduct.
- shareholders—alleging that the directors mismanaged the operations
of the company and its funds.
No director or officer would
want to risk exposing their own personal assets. Aon’s directors’
and officers’ liability insurance policy covers directors and officers
for personal liability in situations where they cannot recover
the amount from the company.
What if I’m subcontracting?
If you are working under the auspices of another company (XYZ Pty
Ltd) then the company’s policy should cover you unless contractually
agreed otherwise. If, however, you are doing work that is not related
to that company, then their insurance will not protect you.
For
example, assume you are conducting classes as a contractor or
an employee of XYZ Pty Ltd and it is agreed that their insurance
will protect you. If you, as an individual or company, decide to
do some work to supplement your income, totally unrelated to XYZ
Pty Ltd, then you must have your own insurance in place.
What if I’m using someone else’s space?
If you are borrowing or renting another person’s or company’s space
as an independent performer or a company, irrespective of whether
or not money changes hands, then you are required to have insurance
in place.
What if I lend/lease my space to a friend?
If you run a business and allow a friend to rehearse in your space
over the weekend, then that friend needs to have their own public
liability insurance in place. If something were to occur, caused
by the negligence of your friend, it is possible that your insurance
cover would not cover any loss or damage.
If you lease or lend your space to a friend, your friend will be
liable to the landlord for any damage that may occur. It is therefore
important, before you loan or lease any space to anyone, that you
ensure they have the correct insurance in place, to prevent you
from being exposed to a claim in the event of a loss.
Are some types of dance or the use of props more difficult
to insure?
Aon does not ask what type of dance is being performed and therefore
they can insure break-dancing or other forms of dancing. Aon does, however, need to know about the use of knives, acrobatics,
fire and other props, which are considered to be a higher risk.
If props are used, your insurance will need to be referred to the
insurer for acceptance.
What level of public liability insurance cover is required for community spaces?
Under the current Ausdance program, the lowest public liability
limit available is $2,000,000. However, before taking out any insurance,
it is recommended that you ask the space provider if they require
a minimum level of cover. Some shopping centres, councils and government
bodies require you to have a minimum of $10,000,000 cover.
If I am invited to deliver a class in an inappropriate space, what
is my responsibility?
As the teacher you need to make a judgement call and advise the
community group that the space is inappropriate and provide the
reasons why. You should not deliver the class if they are not prepared
to change the space.
Who is responsible if I am asked to perform at a festival and I
injure someone?
If you are the performer, insurance is your responsibility. Often
both the festival organiser and the performer would be brought
into any legal action taken by an injured party. It’s essential
to ensure that you, as an individual, have adequate insurance in
place.
Remember, that not having any
money or the correct insurance in place does not stop you from
being sued.
Independent artists collectives—is group insurance available?
Each individual artist who signs an artist collective pro forma,
while working within the collective, can be insured for all the
projects to be done throughout the year. It will not, however,
extend to cover individuals doing work outside the collective.
Does a risk-management plan reduce my premium?
Not in the short term. Premiums are set around the types of activities
you engage in, not necessarily how risk is controlled. Having said
that, obviously the more that risk is controlled the less chance
there is of claims occurring, which will ultimately reduce premiums
overall.
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