New legislation in Queensland regarding pool safety requires mandatory pool inspections for properties being sold or leased from 1 December 2010 by a registered certifier who has completed the relevant training and has a minimum level of Professional Indemnity insurance.
Professional Indemnity is there to cover any act, error or omission that you could make in carrying out this role. The Inspector has an absolute obligation to issue a certificate under section 246AA of the Building Act 1975 providing the Swimming Pool owner has met the standards of safety required. They must interpret the legislation correctly and this includes:
This is just abiding by the Government’s requirements, let alone the common law duty owed in actually helping to prevent injuries to the owner or their friends and family.
We also strongly advise that Public Liability cover of at least $10,000,000 is taken as well which will provide protection for any injuries or property damage caused to another person or their premises whilst carrying out the activity.
There are many areas where you may be exposed to economic loss as a result of an error or omission by you or one of your employees in carrying out such a role. Especially because you have to determine each situation on a case by case basis.
While appropriate training may be given to Swimming Pool Safety Inspectors, you have a duty of care that is owed to not just the Swimming Pool owner but also other stakeholders such as Real Estate Agents or Property Managers that engage their services. That is why holding Professional Indemnity is compulsory for them.
Losing a claim made against you can result in enormous costs and expenses. Some claims take more than five years to settle, leaving a large bill for court costs and legal expenses. Even when successful, defending a claim can be costly.
Professional indemnity is a complex and specialised area of insurance. If you want to know more about the professional indemnity policies and conditions relevant to your profession, contact a specialist insurance broker such as Cooper Professional Risks.
An insurance broker’s role is to act as your representative and work in your interests, seeking the best cover at the best price for you from market knowledge.
Call a good one. Call CPR. Experts who will save you
Cooper Professional Risks Pty Ltd trading as CPR Insurance Services is a Brisbane based business. Robert Cooper can be contacted on 07 3123 1137 or 0439 530910. Email is email@example.com