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 Contract Works and / or Legal Liability

CertificationCertification RequirementsUpload RequirementExamples

Insurance.Liability.Contract Works and / or Legal

  • Company Name needs to match. If it doesn’t match, evidence must be provided to link the business names together. Ideally, this is a letter or download from the ABR showing the linkage.
  • There is no minimum amount set however insured items and limit must be included
  • If there are any special conditions these must also be uploaded
  • Duration as per document
  • Black & White or colour copy acceptable
  • Must be current
  • Must state ‘contract works’
  • Issue and expiry date to be recorded
If policy is paid monthly, please enter expiry as paid to date

 

 Public and / or Product Liability

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Insurance.Liability.Public and / or Product

    • Umbrella Agreements are not accepted
    • Must detail:
      Start Date
      End Date
      Insurer
      Policy
      Amount
      Restrictions/condition
    • Company name on document must match the details registered in Onsite Track Easy and ABN if listed
  • If a certificates states a company name and ‘its subsidiaries’ then this is ok to accept, please add to the business rule for future reference
  • The actual public liability amount must meet or exceed AUS$20,000,000
  • Please record certificate validity dates as per document

If the premium is paid monthly, the certificate of currency is only valid for that month. They will need to update monthly.

Accepted:

  • Public Liability
  • Public and Products Liability
  • Broad form Liability
  • General and products
  • "Combined general liability insurance" when "Public and product" level of insurance is included


Requires Approval:

  • General Liability
  • Business Liability
  • Legal Liability
  • Umbrella Liability


Not accepted:

  • IT Liability
  • Product Only

  • If a policy is submitted and refers to the liability cover under another name (as mentioned in the table above, under “REQUIRES APPROVAL”), we will need to request from the company an excerpt of the policy which explains what the insurance policy covers where it is not called “public liability”.
  • If the document is not one of the “ACCEPTED” forms of Public Liability types, it must be referred to Whitehaven for approval.
  • All accepted Public Liability policies must be a minimum of 20 million dollars Australian, or equivalent in US Dollars or Euro, for any one occurrence.
  • If the amount shown on the document is not listed as an Australian Dollar amount (e.g. US or EURO), use a currency converter to check the amount - if the conversion at the verification processing time meets the required Australian Dollar amount the document can be approved.  In the Comment Field please enter the confirmation that the currency converter process has been completed e.g. ‘Currency Converted and meets the AUD minimum amount required’.

 Example of unacceptable insurances:

  • Product Liability - $20,000,000 (Unacceptable as it is only product liability - Public liability needs to be included)
  • Public Liability Policies under $20,000,000
  • A Policy where the minimum insured amount is split amongst the different types of cover
    E.g. Products Liability $10,000,000 and Public Liability $10,000,000 = $20,000,000.

 

Examples of acceptable insurances:

  • Limit of Liability
  • Public Liability    $20,000,000
  • Public & Products Liability for any one occurrence    $20,000,000
  • Broadform Liability   $20,000,000
  • Commerical Umbrella insurance is acceptable if uploaded with a public and product liability policy covering a minimum of $10mil for Public liability and $10mil for Products liability. The expiry will then be the policy expiring first.

 

 

Accepted Example for "Combined general liability insurance" when "Public and product" level of insurance is included:

 

NOTE: The 'CERT Type' data such as Insurer, Policy Number, Item and amount do not be complete when verifying the data for this certification

 Motor Vehicle Insurance

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Insurance.Motor Vehicle.Certificate of Currency

  • If it doesn't match, government certified evidence must be provided to link the business names together. This is ideally a letter or download from ABR showing the linkage
  • Include list / schedule of vehicles covered if applicable or an umbrella policy  covering all motor vehicles registered under that company name.
  • Accepted types: CTP, Comprehensive, Motor Fleet, Third Party Property
  • Must be minimum 10 million (AUD) coverage for 3rd Party Liability / Legal Liability / 3rd Party Property - Minimum not required for comprehensive.

  • Issue Date = Start of coverage date listed on policy
  • Expiry Date = Coverage end date listed on policy (If the policy is paid on a monthly 
    basis the expiry will be set when the next payment is due)
  • Insurer = Insurer will be listed in policy content
  • Policy Number = as specified on the policy
  • Item = As specified on policy <accepted type> Motor Vehicle Insurance
  • Amount Description = As specified on policy <3rdParty Liability / Legal Liability / 3rd Party Property> 
  • Amount = as per policy (minimum of 10 million AUD)

 

 

 Professional Indemnity

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Insurance.Professional Indemnity.Certificate of Currency

  • Business Name and ABN (if listed) needs to match. If it doesn't match, government certified evidence must be provided to link the ABN or business names together. This is ideally a letter or download from ABR showing the linkage
  • There is no minimum amount for Professional Indemnity Insurance as this is determined per contract
  • Must state Professional Indemnity
  • Must be current
  • If the policy does not list Professional Indemnity a Product Disclosure Statement (PDS) is required before escalation.
    • If PDS states Professional Indemnity coverage – the insurance and PDS needs to be uploaded together for approval
    • If the PDS does not specify Professional Indemnity, it will be escalated

Self-Insurance

  • If the company indicates 'Self Insured' = Letter to be uploaded from the governing body which has approved the self-insurance;
    please click on the following link to see the current list of approved Self Insured companies in Australia:  http://www.srcc.gov.au/self_insurance/current_licensees.
    • Issue Date = Start of coverage date listed on policy
    • Expiry Date = Coverage end date listed on policy (If the policy is paid on a monthly
      basis the expiry will be set when the next payment is due)
    • Insurer = Insurer will be listed in policy content
    • Policy Number = as specified on the policy
    • Item = Professional Indemnity
    • Amount Description = Same as item
    • Amount = as specified on policy (no minimum amount required as this is set per contract)

     

 

 Plant and Equipment

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Insurance.Property.ISR - Plant and Equipment
  • Business Name needs to match. If it doesn't match, government certified evidence must be provided to link the business names together. This is ideally a letter or download from ABR showing the linkage
  • Must display Mobile Plant and Equipment as the type
  • Must also include a schedule of items covered and how much they are insured for (usually in table format)
  • The minimum amount is in reference to the Third Party Liability not the total sum insured. If the document doesn't have the Third Party Liability coverage displayed it is not acceptable.
  • Issue Date = Start of coverage date listed on policy
  • Expiry Date = Coverage end date listed on policy (If the policy is paid on a monthly
    basis the expiry will be set when the next payment is due)
  • Insurer = Insurer will be listed in policy content
  • Policy Number = as specified on the policy
  • Item = Plant and Machinery or ISR (Industrial Special Risk)
  • Amount Description = not required
  • Amount = not required - No minimum or maximum amount required
 
 Workers Compensation

 

CertificationCertification RequirementsUpload RequirementsExample Documents
Insurance.Workers Compensation.Policy
  • Ensure the company / employer name shown on the workers compensation document matches the ‘Company’ field data within Onsite

P/L / Pty LTD / Pty Limited can be accepted in any of these forms if also listed as the name in the system

Aust / Australia can be accepted in any of these forms if also listed as the name in the system

Ttee (means trust) this is acceptable as long as the rest of the name matches

If document is addressed to a slightly different name however the Legal or Trading name is listed on the certificate of currency and matches this is acceptable

  • Only CMI insurance is accepted from 1st July 2018, however the transition period runs from 1 July 2018 to 30 September 2018
    • During the transition period employers required to hold a policy with CMI will only need to ensure that they have a current Certificate of Currency from a workers compensation insurer to cover those workers.
    • From 1 October 2018, after the expiry of the transition period, employers required to hold a policy with CMI will need to ensure they have a Certificate of Currency from CMI for a policy that covers those workers.
      **CMI= Coal Mine Insurance managed by Coal Services.

     

  • When does an employer need to hold a policy with CMI?

Employers whose employees work in or about a coal mine and are engaged in mining activities in the coal industry are required to have a policy with CMI for those workers.

For example:

  • You have employees that work in or about a coal mine for all or only part of a year
  • You have employees that work some of the time in or about a coal mine and elsewhere for the rest of the time
  • You have some employees that only work in or about a coal mine and some employees that never work in or about a coal mine
  • You provide services ancillary to coal mining, for example, mining equipment maintenance and repairs, and construction.

Employers with workers who are engaged in mining activities in the coal industry but do not work in or about a coal mine should have a policy with CMI to cover those workers.

For example:

  • Offsite coal washery and preparation plants
  • Mine operator workshops
  • Certain contractor workshops
  • Mine operator administration offices.

Where not all your work is undertaken in the coal mining industry you will require a policy with another workers compensation insurer to cover wages for workers who work outside the coal industry (for all or part of the time). For most employers in New South Wales that will be under an iCare workers compensation insurance policy.

 

When doesn’t an employer need to hold a policy with CMI?

Employers whose employees work in or about a coal mine making deliveries do not require a policy with CMI. For example:

  • Fuel deliveries
  • Equipment deliveries
  • General deliveries.

 

Employers whose employees work in or about a coal mine providing services not directly related to coal mining do not require a policy with CMI. For example:

  • Servicing of office equipment
  • Administration (unless it is the administration arm of a coal mine operator)
  • Non-coal mining related maintenance and repairs
  • Consulting in an office environment.
  • Additional Criteria:
      • Sole trader with employee(s) require insurance as per the above criteria and Personal Injury/Accident/Incident Insurance for themselves.
      • Cross border arrangement still apply. Although if the company’s employees are working for more than 6 months in NSW a CMI policy is required.
        For more information on the cross border arrangements please visit the State Insurance Regulatory Authority’s website: sira.nsw.gov.au
      • If documented refers to ‘Self Insurance / Insurer’, Self-Insurance - escalate to Whitehaven Coal. WHC will then check with CMI  
      • Income protection not accepted.
      • Mus be current

If uncertain about CMI mandatory requirement then contact WHC.

  • Start date to be recorded as per document (for CMI policy ONLY if no start date listed please enter today's date as the issue date)

  • End Date = Enter the end as shown on the worker’s compensation document as the ‘End Date’ within Onsite unless the document IS NOT issued by Coal Mine Insurance.
    If the document IS NOT issued by Coal Mine Insurance you will need to enter an expiry date on 30.09.2018 except if exemption doesn’t applies.
  • Ensure the insurer listed on the worker’s compensation document is listed in the ‘Insurer’ field within Onsite. Usually this can be found on the letterhead or in the footer – must be Coal Mines Insurance
  • Enter the employer number / policy number shown in the document in the ‘Policy Number’ field within Onsite.

Enter relevant State abbreviation then ‘Workers Compensation’ in the ‘Item’ field within Onsite



 

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