Document Feedback - Review and Comment
Step 1 of 4: Comment on Document
How to make a comment?
1. Use this to open a comment box for your chosen Section, Part, Heading or clause.
2. Type your feedback into the comments box and then click "save comment" button located in the lower-right of the comment box.
3. Do not open more than one comment box at the same time.
4. When you have finished making comments proceed to the next stage by clicking on the "Continue to Step 2" button at the very bottom of this page.
Important Information
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DO NOT jump between web pages/applications while logging comments.
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(1) As an employer, QUT Council indemnifies staff in respect of the lawful and proper actions considered to be within the scope of their employment at the University. (2) Council recognises that many officers perform difficult and delicate duties and functions, and that in the course of such duties they may be exposed to claims for damages. Such officers should not be restricted in carrying out their duties and functions by any fear that they may have to make payment regarding any claim arising out of due performance of these duties and functions. (3) QUT accepts full and sole responsibility for all claims including the cost of defending or settling them in cases where, in the reasonable opinion of the Council, the officer concerned has diligently and conscientiously endeavoured to carry out their duties and has complied with QUT policies and procedures. (4) Where QUT makes any payment in settlement of a claim which has arisen as a result of an officer endeavouring to carry out their duties in a conscientious and diligent manner, it will not seek to exercise any claim for contribution from the employee. (5) The University does not accept any liability for any act of an employee which is not related to or connected with their employment. This means that staff are insured by QUT only against claims for damages made against them as a result of their work for QUT. (6) The University provides an indemnity to non-staff who are acting as a QUT committee member or as an individual acting in a voluntary capacity on behalf of QUT. (7) QUT enters into a number of contracts that require the provision of guarantees or indemnities to external parties. QUT has a general approval under the Statutory Bodies Financial Arrangements Act 1982(SBFA Act) to provide guarantees or indemnities subject to: (8) QUT officers who have delegated authority (Register of Authorities and Delegations (QUT staff access only)) may only enter into contracts containing an indemnity clause in favour of another party where the risk is determined to be low / medium. Where the risk is extreme / high, approval by the Treasurer is required. (9) Low / medium risk indemnities include the following: (10) Extreme/high risk indemnities are those where insurance cover is not available or is only available at a prohibitive cost and where a risk assessment of the activity involved concludes the risk to QUT in giving an indemnity would be extreme/high. Note: The cost of additional cover is an issue for the area involved in the contract negotiation to consider and fund. (11) The following process is to apply: (12) Wherever possible, indemnities should be worded to ensure that any liability being accepted by QUT falls within the scope of coverage provided by QUT's insurance policies. Indemnity clauses entered into by QUT with third parties have no bearing on the coverage provided by QUT's insurance policies, i.e. insurers will ignore the indemnity and settle / defend any claims made against QUT in accordance with the policy coverage. (13) Advice from QUT insurers, as well as legal advice, should be sought on the wording of appropriate amendments to the relevant clauses in order to ensure QUT's interests are not prejudiced and risks are minimised. (14) Finance Operations oversees the appointment of an insurance broker to manage the University's insurance requirements. Details of the insurance broker and the procedures to be followed if the need to make a claim arises are available on the Finance website. (15) The following types of insurance are provided: (16) Information on workers' compensation insurance as required under the Workers' Compensation and Rehabilitation Act 2003 is in the Workplace Health and Rehabilitation Policy. (17) A register of writs containing potential University liability is maintained by the Director, Finance Operations. All writs, with the exception of workers' compensation writs, are to be channelled through the Vice-President (Administration) and University Registrar's Office. (18) The following procedures provide a guide for the processing of writs, depending on the nature of the writ. (19) Writs of non-party discovery are served on the Vice-President (Administration) and University Registrar. In the event that the writ is served by mail or served on another University officer, it should be forwarded to the Vice-President (Administration) and University Registrars Office for action. (20) Workers' compensation writs should be forwarded to the Health, Safety and Environment Department for action. Further information on procedures to be observed when Workers' Compensation (QUT staff access only) writs are served is available from the Health, Safety and Environment website. (21) All other writs, including claims covered under University insurance liability policies and contractual disputes not covered by insurance, should be forwarded to the Vice-President (Administration) and University Registrar's Office for determination of the appropriate action.Indemnity and Insurance Policy
Section 1 - Indemnity - Staff and Other Officers
University Employees
Members of QUT Committees and Voluntary Officers
Section 2 - Indemnity - External Parties
Section 3 - Insurance
Section 4 - Writs and Legal Liability
Writ of Non-Party Discovery
Workers' Compensation Writs
Other Writs