Queensland Consolidated Regulations

BUILDING REGULATION 2006 - REG 16B

16B Prescribed professional indemnity insurance—Act, s 246AV

(1) For section 246AV of the Act , the prescribed professional indemnity insurance for a pool safety inspector is professional indemnity insurance that provides for all of the following—

(a) a minimum limit of indemnity of a total of $1m during any 1 period of insurance that may arise from the performance by the pool safety inspector of a pool safety inspection function;

(b) as well as the limit of indemnity mentioned in paragraph (a) —

(i) indemnity for costs and expenses incurred with the consent of the insurer for defending or settling a claim; and

(ii) no exclusion or special limitation for personal injury or property damage; and

(iii) no requirement for any particular disclaimer to be given by the pool safety inspector to the pool safety inspector’s clients or customers before, during or after the performance of the pool safety inspection function;

(c) indemnity for breaches of professional duty as a pool safety inspector arising from an act, error or omission of the inspector after the day the inspector first became a pool safety inspector;

(d) at least 1 automatic reinstatement of indemnity;

(e) indemnity for negligent performance of a pool safety inspection function (other than for claims for fraudulent or illegal acts or omissions);

(f) if the pool safety inspector performs a pool safety inspection function as an employee—indemnity to former principals, partners and directors of the employer of the pool safety inspector who were, but no longer are, pool safety inspectors.

(2) For subsection (1) , a pool safety inspector who is a member of a corporation, or an employee of an individual, a corporation or a public sector entity, has the prescribed professional indemnity insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1) .

(3) For subsection (1) (b) , the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1) (a) for the claim.

(4) Subsection (1) does not apply to a pool safety inspector employed as a pool safety inspector by any of the following if the pool safety inspector is performing a pool safety inspection function in the course of the pool safety inspector’s employment—

(a) a local government;

(b) the State;

(c) the Commonwealth;

(d) the Queensland Building and Construction Employing Office established under the Queensland Building and Construction Commission Act 1991 , section 29A .