IMPORTANT: The information contained in this web page is intended to provide a general summary only of the cover provided, as a point of reference. It does not alter or increase the cover provided by the Schedule in conjunction with the Policy Wording for each policy. Some of the benefits, terms and conditions of the policy are briefly summarised on this web page, however you should read the Policy Wording and Schedule for full details. These documents can be found by selecting the relevant page on the left-hand side menu.
Public & Products Liability
The following Questions and Answers have been compiled to assist members in understanding the coverage provided by the national program.
Please refer to:
- Liberty International Underwriters, Insurance Cover Schedule and Policy Wording (Policy Number BN-CAS-06-400778/BN-CAS-08-410079)
for more information on the scope of coverage.
Q What cover is provided?
A The cover will pay on behalf of a Member all sums which the Member shall become legally liable to pay by way of compensation in respect of Injury and/or Damage first happening during the period of cover as a result of an Occurrence in connection with the Members Harness Racing activities.
Q Who is covered?
A Harness Racing Australia (“HRA”), State Controlling Bodies and their Members (excluding New South Wales), Licensed Trainers and Licensed Drivers, Registered Clubs and Incorporated Associations, Voluntary Licensed Stablehands, Stewards, Veterinarian Contractors as per Insurance Cover Schedule.
Q What limits apply?
A Insurance Cover
$50,000,000 any one Occurrence in respect of Public Liability and $50,000,000 in the aggregate in respect of Products Liability.
Care, Custody or Control
Property in the Member’s Care, Custody or Control is limited to $2,000,000 each and every occurrence and in total for the year.
In summary — Liability for injury to horses in the Care, Custody or Control of a licensed Driver or Trainer is limited to $2,000,000 each and every Occurrence and in total for the year.
Errors and Omission
$2,000,000 any one occurrence and in total for the year.
Q What Excess/Deductible is applicable to claims?
A Different levels of deductible apply to each category of “Member”. Some of the deductibles that apply are:
- Drivers and Trainers pay the first $1,000 of any claim (within 14 days of being requested to pay)
- Mini Trotting Clubs, instructors, officials, members and volunteers pay first $1,000 of any claim (within 14 days of being requested to pay)
- All other members (e.g. Clubs, Incorporated Associations) pay the first $10,000 with some exceptions, for example:
- if the claim is related to holding a Public Market on grounds, a $25,000 deductible applies (within 14 days of being requested to pay)
Refer to the Insurance Cover Schedule for a complete range of deductibles that apply to each member type.
Q When and where does the cover operate?
A Worldwide excluding USA/Canada.
HRA request that all licensees wishing to train or compete outside of Australia or New Zealand should contact their State Controlling Body initially to obtain the relevant approvals, if possible, from the underwriter.
Is membership compulsory?
A The coverage is provided to each driver/trainer as an integral part of their licence renewal or application process and cost.
Q Are stablehands protected under the cover?
A Employee
If the stablehand is an employee then the employer should have workers' compensation cover which should respond in the event of injury to the stablehand.
If the employed stablehand is alleged to have been negligent, causing injury to a third party, then the claim would be directed to his employer who should have a public liability cover for such activities. If the employer is a licensed trainer then the claim would be directed to the National Public and Products Liability coverage.
Licensed Volunteer Stablehand
If the licensed volunteer stablehand is joined in any public liability claim then the claim should be directed to the National Public and Products Liability coverage.
Note: Please refer to the Personal Accident section of this website for coverage for injury to the stablehand.
Unlicensed Volunteer
Unlicensed Volunteers are not protected under the National Public Liability coverage. HRA recommends that Volunteers should be licensed if they are performing the duties and functions of a stablehand. HRA also strongly recommends that only licensed stablehands handle standardbreds for a trainer. All stablehands on course for the purpose of racing, are required to be licensed; it is the trainer’s obligation to ensure they are and their licence may be checked by the stewards at any time.
Q When am I covered as a driver for racing?
A Under the Australian Rules of Harness Racing, the member is only covered whilst competing on a registered track with a conducting Club in official races or official trials.
Q Does the cover include liability for Show or other Exhibition races?
A No – unless it is a State Controlling Body official race or official trial on a registered track and conducted by a registered club other than as provided in relation to Mini-Trotting at Agricultural Shows (refer to Endorsement 16 in the Policy Schedule).
Q Does the cover include liability for injury to third parties who train on my private track?
A No – the cover does not provide protection to owners of private tracks. These property owners should purchase separate liability cover for their property owner exposures.
We recommend checking with your insurer as most standard policies, such as Farmpack, do not cover liability arising out of training activities if the track is used by outside parties, unless the policy is specifically extended.
Q Does the cover provide liability protection to a licensed driver if he is driving track work for a trainer?
A Yes – Liability coverage is provided for the driver in such circumstances if the driver is engaged as a sub-contractor only. If, the Driver is an employee of the Trainer, then the Trainer is usually responsible for the Driver's negligence.
Q Does the coverage allow for the use of wooden sulkies?
A No – Liability arising out of the use of wooden shafted sulkies in races, official trials, qualifying trials, club and unofficial trials and run arounds on all club registered tracks and registered training tracks, is not covered.
Q Is there cover if the driver or trainer is under the influence of drugs or alcohol?
A No – There is no protection provided to drivers or trainers who were under the influence of drugs or alcohol at the time of the alleged incident giving rise to a claim.
Q Must drivers wear helmets and protective vests?
A Yes – the driver is required to wear protective equipment as approved under the Australian Rules of Harness Racing and the policies of the relevant State jurisdiction(s), otherwise no protection is afforded.
Q If a horse owned by the Trainer or his /her family or under the trainer’s care escapes from the property either through a fence or ‘getting away’ from a licenced person, does the insurance cover the damages to 3rd party property, such as a vehicle or person?
AIrrespective of who owns the horse, the National PL coverage wording would protect the trainer in respect of liability arising out of a horse under the trainer’s care getting loose and causing damage to third party property or personal injury to a third party. For the policy to respond, a claim must be made by the third party alleging negligence on the part of the trainer or licenced person employed by the trainer.
Q If a horse is being driven or led along a nature strip of the road to a training facility, ‘gets away’, and is struck by a vehicle, does the insurance cover the damage to the vehicle?
AThe National PL coverage would protect the trainer in respect of liability arising out of the horse ‘getting away’ whilst being driven or lead along a nature strip of a road to a training facility. Naturally it is incumbent upon the trainer to take all reasonable care in undertaking such activity to minimise the risk of the horse ‘getting away’.
Q If a horse breaks through a fence, or gets out other than due to the trainer’s negligence and causes damage or injury to a third party, is the trainer covered by this insurance?
AThe National PL coverage wording would protect the trainer in respect of liability arising out of a horse under the trainer’s care getting loose and causing damage to third party property or personal injury to a third party, irrespective of who owns the horse. For the policy to respond, a claim must be made by the third party alleging negligence on the part of the trainer or licenced person employed by the trainer.
Q If a horse causes damage to a vehicle or person on the trainer’s property, is the trainer covered by this insurance?
AThe National PL coverage would respond in respect of claims by a third party alleging damage to third party’s property or injury to a third party arising out of the negligence of the trainer in the care/custody/control of the horse.
Q Is the trainer covered from the time he arrives at the racetrack for either a race or official trial, while the horse is engaged in the race or trial, and until he loads the horse back onto his float and leaves the racetrack?
AThe National PL coverage provides protection to the trainer in respect of his/her liability in respect of claims for personal injury and/or damage to third party property arising out of his/her harness racing related activities (which would include attendance at racetrack).
This is, of course, subject to the policy terms and conditions and the particular circumstances of the claim. For example, liability arising out of use/ownership/operation of vehicle registered for road use is excluded by the policy
Q Are broodmares covered by any of this insurance?
AThe National PL coverage does not provide cover for death/injury to livestock (including broodmares). It does provide protect to trainers /drivers for liability in respect to claims for death/injury to horses in the care/custody/control of the trainer or driver and any claim would be subject to normal investigation procedures and proof of valuation would be part of standard claims process.
Q What is the procedure to lodge a claim?
A The procedure to lodge a claim is as follows:
- Firstly, DO NOT admit liability or offer to make any payments.
- Whether or not a claim has been made against you, as soon as you become aware of circumstances that could give rise to a claim, forward a written note of the circumstances to your State Controlling Body. They will, in turn, then forward an incident report form to you for completion. For example, you may be aware that an accident has happened well before any claim is made against you relating to the accident. The occurrence of the accident is a circumstance you should report to your State Controlling Body as soon as you become aware of it.
- Forward any claim/demand from a third party to your State Controlling Body immediately, together with whatever additional facts are known to you. Do not make any promises or enter into any correspondence with the claimant regarding the claim.
Q What are some of your obligations
A Your obligations include:
- Using due diligence to ensure that activities and functions are performed in a hazard free environment.
- Not admitting liability for any accident/incident.
- All incidents on course that could give rise to a claim, whether or not a claim has been made against you, must be reported to the stewards. If not reported to the stewards then to your State Controlling Body or HRA.
- If an accident occurs during a race, the steward in charge of the meeting will send a Serious Accident Notification Form and other information to the HRA.
- Sending all Serious Accident Notification Forms to your State Controlling Body, attention to ‘Insurance Co-Ordinator’.
Q What is the Period of Cover?
A The scheme runs to 1 September each year in line with the current licence renewal date.
Q Does the cover include liability for claims by drivers against fellow drivers?
A Yes, however “Driver versus Driver” cover only applies to licensed drivers at official race meetings and/or official trials and always in accordance with the Australian Rules of Harness Racing.
Q Are claims for injury to employees covered?
A No – any claims for injury to an employee should be referred to the relevant workers’ compensation authority/insurer.
Q Are external contractors covered?
A No – external contractors should have their own public liability insurance.
Q Does the coverage extend to racing at any location?
A No – The cover follows the HRA which only recognises official races and official trials on registered tracks with the conducting club.
For a current list of registered tracks, please peruse the Insurance Cover Schedule.
Q Is the liability associated with training/crossing a public road or on the beach covered?
A If the liability results from the the horse running/getting away and causing property damage or injury to third parties the policy will respond. However, HRA stress that as these areas are not proper training tracks, you should exercise special care to safeguard the interests of the public, yourself and your standardbred.
Q Is the liability arising out of broodmares, foals and breeding covered?
A No – a separate coverage should be arranged by any industry participant involved in such activities.
Q Is a licensed trainer protected if they cause injury to a volunteer?
A The trainer is protected if a volunteer alleges that their injury was caused by the negligence of the trainer and makes a claim against them. HRA strongly recommend that only licensed stablehands assist the trainer when handling standardbreds.
Q Is a licensed volunteer protected if they cause injury or damage to a third party?
A If the volunteer is licensed and acting under the direction of a licensed trainer, then they are protected against any claims arising from the damage or injury they cause. If the volunteer is not licensed then there is no cover.
go to TOP
National Group Personal Accident
Please refer to the Policy Schedule and Policy Wording for more information regarding policy coverage.
Q What is the cover?
A This Group Personal Accident insurance policy compensates against accidents that render the licensee unable to continue in their normal course of work. The two main aspects are Capital Benefits, which provides a lump sum payout to those that suffer a Permanent Disablement, and Weekly Benefits which provide weekly payouts for Temporary Disablement.
Other benefits of the policy include Non–Medicare Medical Benefits, which provides partial subsidisation of those medical services not covered by Medicare, as well as Funeral Expenses, Emergency Transport and Out of Pocket Expenses as shown on the schedule.
Q Where and When does the policy cover me?
A Anywhere in the world whilst participating in any recognised and sanctioned activity directly associated with the sport of harness racing, including necessary travel to and from such activities.
Q How much am I covered for?
A Capital Benefits – up to $250,000 (i.e Permanent Total/Partial Disablement)
Weekly Benefits – 85% of average weekly earnings up to $600 per week. Two examples of how this benefit is calculated (gross of tax) are as follows:
Example 1. $800 per week income;
$800 x 85% = $680
After application of $600 maximum per week rule, this example would equate to a $600 per week benefit being paid
Example 2. $400 per week income;
$400 x 85% = $340
This example would equate to a $340 per week benefit being paid.
Q What is the expiry date of the policy?
A 1 September annually, in line with your current license renewal.
Q What is the Excess/Deferral Period when I claim?
A The deferral period for claiming weekly benefits is 7 days and is calculated from the commencement date of injury and will be reduced by any amounts payable through Workers comp, sick leave or from any other accident compensation type scheme (you must be able to provide medical evidence of date of injury).
This means that any loss of income during this period is not claimable. The only other Excess payable is in respect to Non-Medicare Medical Benefits which is AU$50 each and every claim.
Q What is the Non-Medicare Medical Benefits cover?
A This is a benefit that partially reimburses you for some expenses for medical treatment that are not covered under Medicare.
YOU CANNOT CLAIM FOR MEDICAL EXPENSES CREATED BY THE GAP, which is created when the Medicare reimbursement is insufficient to cover all the doctor's and specialist’s fees.
Q Why can't I claim medical expenses created by the GAP?
A Federal legislation prohibits insurers from providing payments in respect to any costs that would be covered under Medicare, even if those costs are in excess of the Medicare subsidy.
Q How much can I claim for Non-Medicare Medical Benefits?
A You can claim any Medical, Surgical, X-ray, Chiropractic, Osteopathic, Physiotherapy, Hospitalisation or Nursing costs not covered by Medicare reimbursable up to $5,000. This benefit excludes Dental Treatment except where natural teeth are damaged by an injury covered under the National Personal Accident policy, in which case there is a limited benefit allowed for a percentage of the cost per tooth.
Q If I am making a claim for Non-Medicare Medical Benefits, can I claim on my Private Health Insurance as well as the National Personal Accident policy?
A Yes – however you should claim up to the full limit on your Private Health Insurance first before you claim any benefits on the National Personal Accident policy, and you cannot claim the same costs twice. ALL INDUSTRY PARTICIPANTS ARE ENCOURAGED TO HAVE PRIVATE HEALTH INSURANCE.
Q If I attend hospital due to injuries suffered while involved in harness racing activities, is this a "Work Related Injury"?
A No – except in limited situations in New South Wales, your injuries are not work related and are not covered under Workers Compensation, except for limited specific.
If you are a Licensed Driver in NSW and you are injured while participating in an Official Race, you are covered under Workers Compensation and should tell the hospital that your injuries are work related.
In all other circumstances if you are asked by hospital personnel or are completing forms, you should clearly indicate that your injuries are not work related and are not covered under Workers Compensation, except for as highlighted above for NSW Licenced Drivers.
Q Is the National Personal Accident Scheme compulsory for all Trainers and Drivers?
A Yes – All registered and licensed Trainers and Drivers (between the ages of 14 and 84 years inclusive) of the various State Controlling Bodies are automatically covered by this policy when they renew their licence registration.
Q Is the National Personal Accident Scheme compulsory for Licensed Voluntary Stablehands?
A Whether the National Personal Accident Scheme is compulsory depends on which state you are located in, as some State Controlling Bodies HAVE ELECTED NOT TO INSURE Licensed Voluntary Stablehands.
The scheme is compulsory for Licensed Voluntary Stablehands in Queensland and Tasmania.
There is no cover for Licensed Voluntary Stablehands in Western Australia, Victoria and South Australia.
Q Can I have a copy of the complete policy?
A Yes. We recommend that you read the Policy Wording in conjunction with the Policy Schedule as they form a more complete picture as to how you are covered.
go to TOP
This advice is general. It does not take into consideration any individual members objectives, financial situation or needs. If you require further information, please read the Insurer’s Product Disclosure Statements or Policy Documents.
Note: Adobe Acrobat Reader is required to open some of the files located in this site in Acrobat pdf format. If Acrobat Reader is not already installed on your PC, you can download it free of charge. Click here...