All Crown land managers (CLMs) must have adequate insurance. To assist eligible CLMs and their members manage Crown reserves, the department provides insurance at no cost through the Treasury Managed Fund (TMF).
Conditions and exclusions apply.
Cover is dependent on CLMs providing information when requested to support coverage, and adopting good risk management practices to ensure risks are being proactively managed and responsible action is planned.
CLMs eligible for TMF cover are those managed by a statutory land manager.
CLMs managed by corporations (such as a company or incorporated association) are generally not eligible. However, with prior approval cover may be granted when activities of the corporation are not commercial or profit-making and the corporation cannot afford to obtain their own insurance.
Council CLMs are not eligible for cover through the TMF.
CLMs that are not eligible for cover through the department must obtain, at their own cost, adequate insurance cover for property, employees, volunteers and liability.
Liability cover is insurance that provides protection against claims resulting from injuries and damage to people and/or property and can include off-site activities related to the reserve. Cover includes public & products liability, professional indemnity and directors & officers liability.
CLMs are liable for members of the public and their property while they are on the reserve or when the CLM conducts reserve business off-site (for example, where a member of the public is injured at a CLM fundraising event not on the reserve).
A liability claim can be considered if a member of the public is injured or has their property damaged due to the act or failure to act, of a CLM board member, administrator, volunteer or employee.
All high-risk and commercial activities that are not directly related to the maintenance and management of the reserve are NOT eligible for TMF insurance cover. CLMs that organise or host high-risk or commercial activities on the reserve must obtain public liability insurance for not less than $10,000,000 coverage at their own cost. CLMs that allow individuals/groups to use the reserve for high-risk or commercial activities must ensure that organisers of these activities hold their own public liability insurance as a condition of the use of the reserve and provide the necessary indemnification. The following are examples of high risk and/or commercial activities:
Note: The above list is not exhaustive. If CLMs are unsure if an activity is high risk or commercial, they should contact the Department [link] for a determination.
Casual users undertaking non-commercial activities on a reserve are not required to obtain their own liability insurance. The responsibility of insurance remains with the reserve. Non-commercial activities are considered to be a member of the public (not an organisation or business) requesting to host a one-off event, such as a birthday party, wedding, fundraising event or annual community meeting.
Casual users seeking to hire a reserve facility for a commercial activity are required to obtain their own liability insurance. This includes a casual user undertaking an activity with the purpose of making personal or business profit (excluding fundraising activities that benefit the CLM).
A venue hire agreement should be used to license the venue to a casual user - for both commercial and non-commercial activities.
When a CLM leases or licences a reserve or part of a reserve to third parties, the legal liability is transferred to the lessee or licensee (except for non-commercial venue hire activity above mentioned). In these instances liability insurance is the responsibility of the lessee or licensee and they MUST provide a Certificate of Currency before being permitted to use the reserve.
In order to be covered for legal liability, eligible CLMs must comply with the following:
Property of an eligible CLM is covered for loss, theft and/or damage. This includes buildings and structures on the reserve, contents (in the care, custody or control of the reserve), equipment, fences and gates that are damaged or lost due to events including but not limited to floods, fires, earthquakes, other weather-related damages, theft and malicious damage.
Cover is subject to the following conditions and exclusions:
The CLM must maintain an up to date Asset register. This register should include a declaration of values for reserve buildings and contents.
Cover for CLM volunteers provides benefits for death or bodily injury for volunteer workers while actively engaged in voluntary work for the CLM.
CLM volunteers include board members and individuals who undertake voluntary work for the reserve and are not financially or otherwise remunerated for that work.
CLM volunteers are covered for personal injury suffered while undertaking CLM duties whether on- or off-site, including attending meetings and undertaking CLM duties, subject to the following exclusions:
The following process is applicable to claims for property damage, liability and personal injury for volunteer workers.
The CLM must undertake the following steps as soon as it becomes aware of any claim or potential liability claim:
Insurance team contact details
For more information, please contact us.
This Crown land manager web resource was printed on 23 Sep 2020. The information contained in this web resource is based on knowledge and understanding at the time of writing Sep 2020. However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information by referring to the website (www.reservemanager.nsw.gov.au).
© State of New South Wales through Department of Planning, Industry & Environment 2020.
Page link: https://reservemanager.crownland.nsw.gov.au/administration/insurance