Appropriate professional indemnity insurance arrangements are essential for all practising nurses and midwives
From 1 July 2010 the Health Practitioners Regulation National Law will impose a specific obligation on Nurses and Midwives not to practice unless appropriate professional indemnity insurance arrangements are in force in relation to their practice. (Section 129). A failure to comply with this obligation will not only expose nurses and midwives in the event of negligence to the potential for uninsured civil liability, but may expose them to a charge of unprofessional conduct.
The Nursing and Midwifery Board of Australia professional indemnity insurance arrangements standard, to which the National Law refers, defines professional indemnity insurance arrangements, to mean "arrangements that secure for the practitioner insurance from civil liability" from a claim arising from the negligence of the practitioner.
ANF members' PI insurance provides professional indemnity cover.* Importantly, in the case of employees the cover operates in the event their employer does not indemnify them from a negligence claim.
Every practising nurse/midwife needs professional indemnity insurance - ANF members have got it*. Any nurse or midwife ...
- could be wrongfully accused of unprofessional conduct in both administration and clinical roles
- could mistakenly give the wrong drug to a patient
- could fail to accurately carry out all instructions for care in a busy ward
- could be involved in a court case even if only indirectly, or witness an accident
- could make a mistake because of workload stress, insufficient information or any other reason
ANF professional indemnity insurance protects ANF members
- if you are sued for negligence or malpractice
- if you are sued for damages arising from a public liability claim
Who does ANF professional indemnity insurance cover?
- financial members of the ANF (Vic Branch) while undertaking their duties as employees
- nurses who work independently providing nursing services so long as they are suitably qualified and practising within their scope
- nurses engaged in alternative or natural therapy, for example acupuncture, aromatherapy, naturopathy, massage and reflexology (but excluding chiropractic or osteopathy)
- members will have insurance cover for a period of five years after their retirement from nursing.
What type of cover is included?
- cover for professional indemnity (malpractice) - up to $10 000 000
- cover for public liability (negligence for injury to a third party, persons, or property) - up to $10 000 000
- 24 hour insurance cover for Good Samaritan acts.
ANF members only policy
ANF industrial, professional and legal advice and representation** is only provided to nurses and midwives who are full financial members of the ANF at the time the incident for which they are seeking assistance occurs. This policy means nurses and midwives will not be eligible to receive any assistance (including industrial and professional advice and representation) for any incident that occurred before they were a financial ANF member. This policy enables the ANF to concentrate all its resources on ANF members who remain financial.
*Cover does not extend to midwives in independent practice. Exclusions also apply for botox therapy; laser therapy; osteopathy, chiropractic or manipulative therapy; dishonesty, fraud and criminal acts; and in relation to services rendered by any person while under the influence of intoxicants or drugs. Full details are available on request.
** ANF legal services are subject to conditions which are available on request from the Branch office.
Switch to direct debit for 100% protection
Only financial members of the ANF (Victorian Branch) are covered by our Professional Indemnity Insurance.* This means you must be a member at the time of the incident of concern and your subscription fees must be up to date. The best way to make sure you don't become unfinancial is to pay your ANF fees by direct debit. To join the ANF or to switch to direct debit call ANF membership on 03 9275 9313 or regional toll-free 1800 133 353 or join online now.
Legal benefits
Full financial practising ANF members have legal costs paid for any of the following matters:
- unfair dismissals
- contractual disputes
- underpayment of wages and entitlements
- Nurses Board of Victoria and disciplinary hearings (including the preparation of statements)
- coronial inquiries (including the preparation of statements)
- most criminal matters arising from your employment
- workplace disputes
They can also use the Ryan Carlisle Thomas Nurses' 24-hour toll-free advice and referral inquiry line. Call 1300 361 444.
Ryan Carlisle Thomas also offers a range of free or discounted legal services for ANF members.
workcover top-up insurance (only available to members injured before 1 May 2010)
ANF recognises that WorkCover does not always go far enough or provide cover for all the types of accidents and injuries that can occur. To protect our members, ANF offers WorkCover Top-Up payments for those most in need. This helps to ensure that nurses and midwives who are members of the ANF have adequate income support when off work long-term due to a workplace injury.
Our WorkCover Top-Up insurance is designed to assist members whose payments have been reduced by WorkCover and who are no longer eligible to receive accident/make-up pay under their Enterprise Bargaining Agreement.
transcover: travelling to and from work (only available to members injured before 1 May 2010)
Nurses and midwives are not covered by WorkCover while travelling to and from work, nursing education centres, training courses, medical appointments and rehabilitation courses or when travelling between places of employment.
ANF's TransCover insurance policy provides cover for members injured travelling to or from their place of work (unless the Transport Accident Commission will pay).
Both WorkCover Top Up and TransCover benefits are limited to 80 per cent of pre-injury earnings, up to a maximum of $1000 (gross) per week.
Conditions apply. Members should contact Marshall Insurance Brokers on 9340 1333 for further information on the WorkCover Top-Up and TransCover Insurance.
