FDCA Insurance Services

We care more

Educator Insurance Information and Application Booklet February 2016 ABN 93 094 436 021  AFSL 329 616
2  Family Day Care Australia Educator Insurance
Working for you
Family Day Care Australia is passionate about the family
day care sector. We are here to support, promote,
represent and protect you in your efforts to deliver quality
early childhood education and care.

As your not-for-profit national peak, we represent your needs and

ensure you have a strong and united voice regarding issues that
directly impact on you and the wider sector through our lobbying
and advocacy efforts with government bodies.

We support and undertake important research and highlight the

achievements of the sector by showcasing the sector via the
Excellence in Family Day Care Awards and National Family Day
Care Week.

Family Day Care Australia is committed to working with you, to build

a stronger future for family day care.

Becoming a member of Family Day Care Australia gives you exclusive

access to a range of services and support specifically tailored to the
needs and requirements of the family day care sector.

As your not-for-profit national peak we are:

Supporting you

• Expert early childhood, management and operations phone

support

• Significant savings on our insurance products and other business

services, specifically tailored to the needs of family day care
services and educators

• Free Accidental Death/Funeral cover included with your insurance

package

Representing you

• Maintaining regular sector engagement and consultation with our

members to gain a national grassroots perspective on key issues

• Making sure our members voices heard within the broader ECEC
sector and at the highest levels of Government to ensure the
best outcomes for family day care families, children, services and
educators.

• Undertaking research to monitor trends and best practice within

family day care and to inform policy

Promoting you

• Showcasing the sector via the Excellence in Family Day Care

Awards and National Family Day Care Week

• Marketing & Media: resources, advice, media management, online

and sector specific promotion

• JiGSAW Magazine: Australia’s only family day care sector

publication

• Family Day Care Matters: weekly e-newsletter

Family Day Care Australia Educator Insurance  3 

The insurance of choice
for family day care
For more than 25 years Family Day Care Australia has been your national peak. Nobody understands
the needs of the sector the way we do. Our members only policies ensure you receive the cover you
require and the value you deserve.

Family Day Care package

The Family Day Care package is for educators who run a traditional family day
care, that is, the provision of early childhood education and care for children in the
educator’s home/residence. This package is also suitable for educators who run both
family day care and in home care.

To meet the needs of family day care educators this package includes the mandatory
Public Liability Insurance in addition to Personal Accident for Children in the event of
accident and, Management Liability Insurance in the event of an infringement notice
for a breach of the national regulations.

For full details of each of the policies included refer to page 15 of this booklet.

The Family Day Care package includes:

• Family Day Care Australia membership

• Public Liability Insurance

• Personal Accident for Children

ALL PAC
• Management Liability Insurance KA
NOW IN GES
• Accidental Death/Funeral Expenses cover for educators FREE AC C LUDE
CIDENT
DEATH/ AL
FU
EXPENS NERAL
ES COV
ER

In Home Care package

The In Home Care package is specifically designed for educators who provide
approved care in the child's home only. The package includes membership with
FDCA, the mandatory Public Liability insurance in addition to Personal Accident for
Children.

Out of Home Care Package

Out of Home Care (OOHC) refers to the provision of care through your family day
care service, on a fee for service basis for children placed by a private or government
agency which holds legal guardianship of the child, and where the care is for periods
greater than 12 continuous hours.

The OOHC package includes the same policies as the family day care package,
however the Public Liability insurance has a specific extension to cover the provision
of out of home care.

For further information or to purchase either the IHC or OOHC package, please call
our Insurance Service team on 1800 658 699.

4  Family Day Care Australia Educator Insurance

Family Day Care Australia
Insurance Services pricing
FORTNIG
AND M HTLY
O
PAYME NTHLY
NT PLA
ARE AV NS
AILABL
E!

ACT NSW NT QLD SA TAS VIC WA

Family Day Care Package *^
12 month $475.30 $498.02 $501.26 $498.02 $504.51 $473.21 $501.26 $501.26
6 month $311.17 $325.43 $327.47 $325.43 $329.50 $309.47 $327.47 $327.47
3 month $187.82 $195.14 $196.18 $195.14 $197.23 $187.18 $196.18 $196.18

In Home Care Package *^

12 month $436.25 $457.04 $460.01 $457.04 $462.98 $431.96 $460.01 $460.01

6 month $283.86 $296.85 $298.70 $296.85 $300.56 $280.70 $298.70 $298.70

3 month $171.41 $178.10 $179.05 $178.10 $180.01 $170.05 $179.05 $179.05

Out of Home Care Package *^

12 month $787.36 $828.91 $834.85 $828.91 $840.78 $779.89 $834.85 $834.85

6 month $494.77 $521.63 $525.47 $521.63 $529.30 $489.47 $525.47 $525.47

3 month $279.62 $293.24 $295.18 $293.24 $297.13 $277.18 $295.18 $295.18

* All prices are member rates and include GST and government charges
^ Please refer to the Financial Services Guide on page 13 for more information regarding refunds and cancellations

Compare the benefits of insuring with FDCA ^ FDCA Competitors

No excess on claims
$10M Public Liability cover ($20M available)
Errors and Omissions cover
Free Accidental Death/ Funeral Expenses cover
3 month Kick Start package for new educators
6 month Kick Start package for new educators
Stand alone management liability cover – fines and penalties
Online payment Coming in 2016

FDCA Membership
^ As of 2 January, 2016.

Kick Start and customisable packages available

We offer a three and six month package for new educators, as well as
the option to customise your own insurance package.

For more information please call our insurance team on 1800 658 699.

Family Day Care Australia Educator Insurance  5 

You’re in safe
hands
It’s reassuring to know that with Family Day Care Australia Insurance Services you’re covered.
Public Liability Insurance
Public Liability Insurance is mandatory for all educators. If a
child or other person is injured or their property is damaged
as a result of your work, you may be found “unintentionally
negligent” and a public liability claim may be brought
against you. Should this occur our Public Liability Insurance
has you covered.
Key features:
• $10 million Public Liability cover ($20 million available)
• $10 million Carers Errors and Omissions (Professional
Indemnity) cover
• $10 million Landlords Liability cover
• $10 million Products Liability cover
• $50,000 Criminal Defence cover
• $0 excess on claims
• Educator assistant and relief educator cover
• Free Public Liability insurance legal advice
Management Liability
Insurance
‘Peace of mind’ protection in the event of a fine or penalty
for non-compliance under the Education and Care Services
National Law 2010 and the new national regulations. Many
businesses insure against fines and penalties for breaches of
the law, this policy is designed specifically for family day care
educators.
Key features:
• Up to $2,500 for each 12 policy term
• ‘Stand alone’ policy – independent cover
not linked to your public liability
• $0 excess on claims
6  Family Day Care Australia Educator Insurance
Personal Accident Insurance
for Children
Accidents happen and it’s often not your fault. Personal
Accident for Children insurance covers for non-medicare and
out of pocket expenses incurred by parents when a child is
accidentally injured whilst in your care.
Key features:
• Up to $5,000 in non-medicare and out of pocket expenses
for any one claim
• Up to $15,000 lump sum capital benefit payments for
specified injuries
• Cover for damaged clothing
• Cover for travel and accommodation for treatment
• Reimbursement of child care fees and parents’ loss of
wages from 3 days up to 52 weeks*
• $0 excess on claims
• Cover for up to seven children in care
Accidental Death/Funeral
Expenses Cover for Educators
We know that as a small business operator your contribution
is vital to your family and we understand that as a family day
care educator you often invest more time in the future of the
children in your care than in your own. We’re committed to
supporting you and your family during and after family day
care. That’s why we’ve included Accidental Death/Funeral
Cover as part of your insurance package.
Key features:
• $10,000 Accidental Death cover
• 24 hour cover
• Double death benefit in the event that the insured person
and their partner die as a result of bodily injury in the same
accident leaving a dependent child
• No proposal form required (up to 75 years of age)
• $0 excess on claims
* Cover is always subject to the terms and conditions of the policy. Full
details are available in the Product Disclosure Statement on pages 15-19.
Other Family Day Care Australia insurance services
Home and Contents Insurance
Nobody knows family day care like
FDCA. That’s why, just like our public
liability cover, our home-based business,
property and contents insurance is
designed just for you.
Highly competitive pricing and unique
home and contents cover for both
your personal and family day care
business use.
Not all home and contents policies
are created with the family day
care educator in mind. At FDCA we
understand that your home is your
business so why not visit
www.fdca.com.au.
Telephone Legal Advice
This unique and valuable service offers
'on demand' telephone legal advice for
educators in regards to family day care
business matters.
Motor Vehicle Landlord’s Insurance
Have you reviewed your motor vehicle If you are a family day care educator
insurance cover lately? Don’t wait until who is renting, it may change how
it’s too late! some insurance companies view the risk
on your landlord’s property. To find out
You may be surprised to find out that
more about landlord’s insurance, call
some insurers may not cover your
Family Day Care Australia on
vehicle for business use, for transporting
1800 658 699.
passengers or for child seats used as
part of your family day care business.
To feel safe that you and the children
you care for have the cover you need,
compare your cover today.
FDCA has a range of motor vehicle
insurances designed specifically for you.
For more information give us a call on
1800 658 699 to arrange a quote or visit
www.fdca.com.au.

Good advice is just a phone call away

and for less than the cost of a twenty
minute legal consultation you can have
12 months of professional legal support
to assist with the legal issues you may
face as a family day care educator.
To find out more, give our Insurance
Services team a call on
1800 658 699.

Debt Recovery Services

Take the stress out of managing
bad debts and chasing parents
for money.

In many cases, such a letter

of demand will result in
recovery of monies owing.
If this is not the case and you
wish to proceed to litigation you
will be provided with a free, no
obligation written quote for the
services you require. To purchase
our Debt Recovery Service,
call 1800 658 699.

Family Day Care Australia Educator Insurance  7 

Application
Form and
Insurance
Information
Insurance Application Form
Applicant details
Your title................... First name................................................................Last name........................................................................................

Address........................................................................................................................... Suburb.........................................................................

State.................. Postcode ................... Date of birth ........./........../............... Email*......................................................................................

Phone (home)...............................................................................Phone (mobile)............................................................................................

Name of the Approved Service that you are registered with ......................................................................................................................

* By providing your email address you are giving FDCA permission to send you important updates via email. If you do not wish to
receive email communications from FDCA, please call us on 1800 658 699.

Your membership and insurance package

Refer to pages 5 and 6 for package information and pricing.

Family Day Care package In Home Care package Out of Home Care package

12 months 6 months 3 months

Policy start date Please commence my policy on ............/............./........................

Select the date of your first scheduled parent interview or, expiry date of your existing policy.
If we receive this application form after that date we will back date your policy to the specified date, as long as it is within 30
days and there have been no incidents during that time. If we receive this application more than 30 days from your specified
start date, we will start the policy from the date we receive the completed application.

Duty of Disclosure
Before you enter into an insurance contract, you have a duty to tell us anything that you know, or could reasonably be expected to know, may affect
our decision to insure you and on what terms. You have this duty until we agree to insure you. You have the same duty before you renew, extend, vary or
reinstate an insurance contract. You do not need to tell us anything that: reduces the risk we insure you for; or is common knowledge; or we know or should
know as an insurer; or we waive your duty to tell us about.

If you do not tell us anything you are required to, we may cancel your contract or reduce the amount we will pay you if you make a claim, or both. If your
failure to tell us is fraudulent, we may refuse to pay a claim and treat the contract as if it never existed.

By paying the premium in full or by instalments of this policy I declare that I have read and understood the duty of disclosure notice and the terms and
conditions outlined in the Financial Services Guide. I confirm that I am aware that if I cancel this policy midterm, only the public liability premium is
cancellable and that further fees & charges may apply if paying by instalment payments. I also declare that I am not aware of any claims/circumstances
which could give rise to a claim or any impending infringement notice or fine under the Education and Care Services National Law or any other relevant
Act, or any other matter which may affect your decision to insure me.

Under the FDCA Privacy Policy we advise that we may provide your insurance status to the approved service that you are registered with as well as to the
relevant Regulatory Authority (including providing your certificate of insurance if requested). Please refer to our FSG for our complete Privacy Statement.

The questions below are a mandatory requirement of your application. They MUST be answered.

Yes No Has any insurer ever cancelled, declined or refused to renew or imposed special conditions
on any of your insurance?

Yes No During the last 5 years have any claims been made or threatened against you that might have been
insured under the insurance policies you are applying for?

Yes No Are you aware of any circumstances which have already occurred that might result in a claim under the
insurance policies you are applying for or are you aware of any impending infringement notice or fine
under the Education and Care Service National Law or any other relevant Act?

Declaration Signature....................................................................................................................Date............................................
Agent Authority: an agent is a person you authorise to act on your behalf.

I authorise...................................................................................................................... (agent’s name)to act as my agent in relation to

my FDC business insurances.

Agent’s signature...................................................................................................................... Agent’s date of birth........./........../...............

Return by post: PO BOX 571, Gosford, NSW, 2250; email: memberservices@fdca.com.au; fax: 02 4324 7882
Family Day Care Australia ABN 93 094 436 021 AFSL 329616
Full Payment Form

The amount you will be charged will be based on the package you have selected and in line with the package pricing
on page 5.

Please complete the details below and return with your application form to:

Family Day Care Australia

Post: PO Box 571, GOSFORD NSW 2250

Email: memberservices@fdca.com.au

Fax: (02) 4324 7882

How would you like to pay?

Please complete ONE of the following payment options.

Credit Card
Card Type: Mastercard VISA

Name of Cardholder ............................................................................................................................................................................

Card number ........................./........................./........................../...........................

Expiry Date .............../................. CVV (3-digit code on the back of card)...............................

Signature.......................................................................................................................... Date.............../................./..........................

Electronic Funds Transfer

If you wish to pay by direct deposit, please call Family Day Care Australia on 1800 658 699.

Cheque / Money Order

Enclosed is a cheque/money order made payable to FAMILY DAY CARE AUSTRALIA.
Fortnightly Instalment Payment Form
DO NOT USE THIS FORM IF YOU HAVE SELECTED A 3 OR A 6 MONTH KICKSTART PACKAGE.

Please complete the details below and return with your application form to:

Family Day Care Australia

Post: PO Box 571, GOSFORD NSW 2250

Email: memberservices@fdca.com.au

Fax: (02) 4324 7882

Family Day Care Australia has contracted Principal Finance Pty Ltd (ABN 49 008 081 712) to offer business loans to its member
educators to assist in the payment of FDCA membership and insurance packages. When choosing to pay by instalments
through Principal Finance Pty Ltd you are entering into a business loan agreement. Principal Finance will set up a loan for the
full amount of your selected insurance policy and will then pay the annual amount of the insurance and membership package
to Family Day Care Australia. The loan is repaid by fortnightly instalments; monthly is available on request. An additional charge
of 10% of the total FDCA package is repayable over your payment plan. If you miss or default on any of your instalment
repayments your insurance may be cancelled. For the terms and conditions, please refer to page 12.

I / We:....................................................................................................................................................................................................................

(show FULL NAME(s) of applicants)

Phone (home)...............................................................................Phone (mobile)............................................................................................

request and authorise Principal Finance Pty Ltd (Debit User ID: 065172) to debit my/our account nominated below with any
amounts due to be paid under this arrangement.

Direct Debit Request: Bank Account

Financial Institution Name: .....................................................................................................................

Account name: ........................................................................................................................................

BSB Number: ...............– ................ Account Number: ..........................................................................

Signature .......................................................................................................................... Date.............../................./..........................

or

Direct Debit Request: Credit Card*

Card Type: Mastercard VISA AMEX

Name of Cardholder ............................................................................................................................................................................

Card number ........................./........................./........................../.........................

Expiry Date .............../................. CVV (3-digit code on the back of card)...............................

Signature.......................................................................................................................... Date.............../................./..........................

* A fee of 1.39% will be added to each instalment by Principal Finance

TERMS AND CONDITIONS
1. Advance: If we accept your loan application, we will advance the
loan to you by way of paying it, at our complete discretion, either to
the insurance broker or intermediary named in the loan application
(“intermediary”), or to the insurer(s) (“insurer”) under the policy or policies
specified in the loan application or in any attached list (“policy or policies”),
or to an agent or representative of the insurer. You irrevocably direct and
authorise us to so advance the loan on your behalf, in complete discharge
of our obligation to pay the loan funds to you. You acknowledge that the
sole and mandatory purpose of the loan is for it to fund the premium(s)
under the policies, by way of a single upfront payment of such premiums,
and that the intermediary and insurer are not our agents and that we will
have no liability for their acts or omissions. We may pay commission for
persons to introduce your credit business to us.
2. Payments: You must make the combined interest and principal
repayments referred to in the loan application as set out in the loan
application. Interest is payable by you on the loan at the interest rate
given, and by way of such combined interest and principal repayments.
Time is of the essence in respect of payment obligations. If the law permits
you to terminate this contract early, you may, but you must pay us an
early termination fee of $40.00 in addition to other allowable amounts.
If this contract is terminated early, with our prior written consent or in
accordance with your legal rights or by us pursuant to clause 5, then all
amounts advanced by us under this contract in accordance with clause
1 or otherwise are to be immediately repaid to us and you will continue
to be liable to us for such amounts and interest on such amounts until
such amounts and interest are recovered in full. You must also pay us all
enforcement, collection or recovery costs we incur in connection with this
contract, on an indemnity basis.
3. Security: As consideration for us making the loan, you hereby assign all
of your rights and interest in and in connection with the policies, including
the right to any claim or proceeds or premium refund payable under the
policies and all of your statutory rights and entitlements in connection with
the policies, including under Part 7.6 of the Corporations Act (as amended
from time to time), as security for the payment to us of all money payable
by you to us under this contract. You will upon our request promptly do all
such things (if any) deemed necessary by us to perfect or give full effect to
such assignment.
4. Authority: You hereby irrevocably authorise and instruct the insurers
• to cancel the policies at our request
• to pay any refund(s) then due to us
• not to refund any premium under any policy to anybody except us
• to pay us up to the whole balance of the loan out of any money
mentioned in clause 7(d).
5. Default: If -
• you make any misleading statement to us in connection with the loan
or this contract
• you fail to pay any repayment on the due date
• you fail to perform or observe any other term of this contract
• you fail to perform or observe any term of any policy
• any of the policies are cancelled by the insurers or become voidable at
the option of the insurers
• you become an externally-administered body corporate as defined in
the Corporations Act
• you commit an act of bankruptcy as defined in the Bankruptcy Act
• someone gets a court judgment against you or
• you cease to carry on business
then the principal and interest balance of the loan is immediately due
and payable. We may then cancel the policies and/or take any premium
refund towards payment of such balance.
6. Attorney: In the event of any default mentioned in the preceding clause,
you irrevocably appoint us, and each of our directors from time to time,
as your attorney with full power and authority, to cancel the policies,
and to obtain and keep (and issue a receipt for) any refund due upon
such cancellation, and to do such other things as we deem reasonably
necessary to protect our interest in the policies. This power of attorney
continues even if any policy is cancelled, expired or otherwise at an end.
12  Family Day Care Australia Educator Insurance
7. Other terms:
(a) If we ask, you must give us a copy of the policies.
(b) You must notify us in writing immediately if you make any claim
under any policy.
(c) Unless we previously consent in writing –
• you must not assign, cancel, vary or otherwise deal with any
policy.
• you must not do, or allow to be done, or omit to do, anything
which might prejudice our security over any policy, or prevent
cancellation of any such policy by us, or reduce the amount
payable under any policy.
• you must not assign any of your rights under this contract.
(d) We may assign, transfer or novate our obligations, rights or interest
under this contract without your consent. Further, in that case, the
Auto Rollover Authorisation extends to authorizing the insurance
broker or intermediary to apply on your behalf to our assignee for
funding of future policy premiums.
(e) If money is payable to you because any policy is cancelled, or as a
result of a claim under any policy, and you are at that time indebted
to us under this contract, then such money is received and held by
you on trust for us and must be immediately paid to us up to the
extent necessary to discharge in full the debt owing to us under this
contract.
(f) You warrant that there is no other party with any interest in any policy
except as has been disclosed in writing to us prior to any
acceptance of your loan application by us.
(g) If there is more than one of you, then you are each jointly and
severally liable under this contract.
(h) If you are identified as a trustee in the loan application, or are not so
identified but your primary function is to act as trustee of a trust,
then you must at our request disclose full details of the trust to us and
you acknowledge that you enter into this contract jointly and
severally in your own right and as trustee for such trust.
(i) The law of South Australia applies to this contract. Any legal action
concerning this loan contract must be brought in South Australian
courts.
8. GST: If any GST is payable in connection with this contract, you must pay
such GST upon the provision of a tax invoice by us.
9. Future funding: If we make a loan to you to fund payment of a future
premium under the policies or for any other insurance policy of yours,
including where your agent or intermediary makes or signs the loan
application on your behalf, then all the terms and conditions contained in
this document extend and apply to such other loan(s), in addition to the
terms set out in the loan application for such other loan(s).
Principal Finance
2 Beulah Road
NORWOOD SA 5067
1300 137 037
Financial Services Guide
December 2015 (V20)
This Financial Services Guide (FSG) contains important information to assist
you in deciding whether to use our services and includes:
1. Who we are and who we act for
2. Types of services we provide
3. Your Duty of disclosure
4. Product Disclosure Statement (PDS)
5. Insuring the interest of other parties
6. Change of risk or circumstances
7. Terms of the insurance contract
8. Insurers rights following a claim
9. Insurers
10. Privacy
11. Payment for our services
12. Cooling off period
13. Potential conflicts of interest
14. Complaints policy
15. Insurance Brokers Code of Practice
16. Compensation arrangements for clients’ losses
17. How to contact us
1. Who we are and who we act for
Family Day Care Australia Limited (FDCA) ABN 93 094 436 021 AFSL 329 616 is
the national peak body for family day care. As an insurance broker we act
on your behalf.
2. Types of services we provide
FDCA can provide general product advice on, and deal in general insurance
products to retail and wholesale clients.
Any advice we provide is general in nature and we do not take into account
your personal needs or financial objectives. Before you decide to purchase
general insurance products from us you need to consider if the advice and
relevant product is right for your circumstances as we have not done this.
We act as a referrer only for Income Protection and Superannuation. In
making any referral we do not advise or represent that their products and
services are right for you and take no responsibility for the products and
services they may provide to you. You need to make your own decision
based on the information they provide.
Premium funding is available for certain FDCA products and enables you
to spread your payment over instalments rather than pay it in a lump sum;
however you will have to pay a fee to the premium funder. When we offer
you premium funding we act on behalf of the premium funder, not you.
We do not provide personal advice or represent that any of the funder’s
products and services are right for you or that they are the most appropriate.
You need to make your own decision based on the information provided.
3. Your Duty of disclosure
Before you enter into a contract of general insurance with an Insurer, you
have a duty under the Insurance Contracts Act 1984, to disclose to the Insurer
every matter that you know, or could reasonably be expected to know, is
relevant to the Insurer’s decision whether to accept the risk of the insurance
and, if so, on what terms. You have the same duty to disclose those matters
to the Insurer before you renew, vary or reinstate a contract of general
insurance. Your duty however does not require disclosure of any matter
that diminishes the risk to be undertaken by the Insurer, that is of common
knowledge, that your insurer knows or, in the course of their business ought to
know, as which compliance with your duty is waived by the insurer.
Non-Disclosure and Misrepresentation
If you fail to disclose any matter, which you were under a duty to disclose
to the insurer or you made a misrepresentation to the insurer before this
Policy was entered into, the Insurer may be entitled to reduce its liability
under the contract in respect of a claim or may cancel the contract. If your
non disclosure is fraudulent, the Insurer may also have the option of voiding
the contract from its beginning. Contracts of Insurance are subject to the
doctrine of utmost good faith. Failure to adhere to this may prejudice any
claim.
4. Product Disclosure Statement
If you ask us to arrange personal accident insurance for carers or children,
motor vehicle or home and contents insurance we will provide you with a
Product Disclosure Statement (PDS) unless you already have an up to date
version. It is prepared by the insurer and is designed to help you make an
informed decision about the financial product.
5. Insuring the interest of other parties
If you require the interest of a party other than the named insured to be
covered, you MUST request this. Most policy conditions will exclude indemnity
to other parties.
6. Change of risk or circumstances
It is important that you advise us of any location changes, business activities
or any departure from your normal form of business.
7. Terms of the insurance contract
By taking out this insurance you agree that:
a) You have read and understood FDCA’s Financial Services Guide
and Duty of Disclosure, Privacy Policy and the relevant Product
Disclosure Statements if Personal Accident for Children or Carers,
Motor Vehicle and Home & Contents insurances have been
selected.
b) If you select the premium funding option, you have read and
understood the Premium Funding Payment and Instalment Plan
Terms and Conditions and you agree to be bound by these Terms
and Conditions.
c) You authorise FDCA (ABN 93 094 436 021) to give to or obtain from
any relevant authority or the Service you are registered with,
any information relating to the status of the insurances you have
selected including providing a copy of the certificate of insurance.
d) You understand that:
i) any statement made in the application will be treated by us as
a statement made by all the people insured
ii) the insurance/s and membership are only valid if you are
registered with an Australian Government Funded Family Day
Care service or In-Home Care service
e) If you are a FDCA member, you agree to be bound by the
constitution and by-laws of FDCA.
f) The insurance/s and membership are non-transferable.
8. Insurer’s rights following a claim
Under the policy the insurer is entitled on the happening of any accident,
injury, loss or damage to undertake in your name and on your behalf
the conduct, control and settlement of any proceedings and to take
proceedings at their own expense and for their own benefit but in your name
to recover property or secure indemnity or contribution in respect of anything
insured in this policy.
9. Insurers
Your Insurances are only arranged with Insurers that are authorised under the
Insurance Act 1973 to conduct insurance business in Australia. Although the
insurers are subject to the supervision of the Australian Prudential Regulation
Authority (APRA), we are not in a position to guarantee that any insurer will
at all times be in a position to pay claims as and when they occur and we
disclaim any liability for losses that you may not be able to recover from your
insurer/s.
10. Privacy
We are committed to protecting your privacy. We use the information you
provide to advise about and assist with your insurance needs. We provide
your information to insurance companies and agents that provide insurance
quotes and offer insurance terms to you or the companies that deal with your
insurance claim (such as loss assessors and claims administrators) as well as
contractors or partners who supply services to us or our members. We also
provide details of your insurance status to the Service that you are registered
with (including providing your Certificate of Insurance) as well as Regulatory
Authorities if requested. Your information may be given to an overseas insurer
(like Lloyd’s of London) if we are seeking insurance terms from an overseas
insurer or to reinsurers who are located overseas. We will try to tell you where
those companies are located at the time of advising you and if necessary,
seek your consent before disclosing your information to them. Public liability
Insurance for FDCA members is placed with certain underwriters at Lloyds of
London and London companies.
Family Day Care Australia Educator Insurance  13 
We do not trade, rent or sell your information. If you don’t provide us with If the complaint is not resolved to your satisfaction you can refer the matter
full information, we can’t properly advise you, seek insurance terms for you to the Financial Ombudsman Service Limited (FOS) www.fos.org.au which is a
or assist with claims and you can breach your duty of disclosure. For more national scheme for consumers. Its aim is to resolve disputes between clients,
information about how to access the personal information we hold about brokers and insurance companies. Contact them at Financial Ombudsman
you, how to have the information corrected and how to complain if you think Service Limited GPO Box 3, Melbourne VIC 3001 Telephone: 1300 780 808 E:
we have breached the privacy law, ask us for a copy of our Privacy Policy or info@fos.org.au
visit our website. www.fdca.com.au
15. Insurance Brokers Code of Practice
11. Payment for our services
FDCA subscribes to the National Insurance Brokers Association Code of
When we place insurance for you we receive commission from the insurer Practice (The Code). The code sets out standards for Brokers to follow when
(including renewals and some variations to the policy). The commission is a dealing with clients. The code is available at www.niba.com.au.
percentage of the insurer’s base premium (i.e. excluding stamp duty, fire
services levy, GST or any other government charges, taxes, fees or levies). 16. Compensation arrangements for clients’ losses
The commission rate varies between 0-30%. Different insurers can agree to FDCA has a professional indemnity insurance policy (PI policy) in place. The
pay us different commission rates for the same type of products. The rates PI policy covers FDCA and their representatives (including ex employees and
also vary for each product type. FDCA may sometimes receive additional representatives) for claims made against them by clients as a result of their
remuneration from insurers though profit commissions on insurance products. conduct in the provision of financial services.
Because the amount of the commission earned may vary depending on the
performance of the portfolio over a period of time, the amount of possible 17. How to contact us
commission attributable to any policy will not be known at the time of
placement. The commission is included in the premium amount detailed on Family Day Care Australia Limited PO Box 571, Gosford NSW 2250
your invoice and we receive it when you pay the premium or at a later time
Telephone: 1800 658 699 Fax: 02 4324 7882
as agreed with the insurer.
E: memberservices@fdca.com.au
You may cancel your policy at any time and under certain circumstances,
you may be eligible for a refund. If you advise us in writing within 14 days W: www.familydaycareaustralia.com.au
of the inception date of the policy and no care has taken place, we will
refund the full premiums of certain products less a cancellation fee of $25.00. This FSG Version was prepared on 1 December 2015 by Family Day Care
Beyond this 14 day term, Membership, Telephone Legal Advice, Personal Australia Limited ABN: 93 094 4
Accident for Children and carers and Educator Management Liability

Insurances and Kick Start Packages are non refundable. A proportion of your
Public Liability Insurance may be eligible for refund beyond the 14 day term, Please keep this document for your reference
less fees, commissions and government charges. and any future dealings with us.
We also have standard administration/policy handling fees which are
charged in addition to the premium for the insurance to cover the cost of
services for preparation and distribution of FDCA documentation and other
services we provide to our members. The FDCA fee ranges between $0-$300
per policy and is noted in the documentation we send you. They are non-
refundable. If you pay annually and cancel or vary your insurance package
mid-term, FDCA will retain $25 (including GST) for our expenses in relation
to the cancellation and/or variation. If you are not a member of FDCA we
will charge you a non-member fee of $110.00 to arrange your insurance
packages.

All commission and fees assist to support the work of FDCA. When you pay
us your premium it will be banked into our trust account. We retain the
commission from the premium you pay us and remit the balance to the
insurer. We may earn interest on the premium while it is in our trust account
and retain any interest earned on the premium.

If we arrange premium funding/instalment payment options for you we are

paid a commission of between 0-5% of the funded premium.

From time to time FDCA may provide sponsorship and/or financial support to
various Associations and Services of up to 10% of the annual premium.

12. Cooling off period

A cooling off period may apply to an insurance policy issued to you as a

retail client. During the period you may return the policy. If a cooling off
period applies to your policy the details of your rights are included in the
relevant Product Disclosure Statement.

13. Potential Conflicts of Interest

FDCA and its staff may also receive ‘soft dollar’ benefits from insurers and
other service providers and can include entertainment or small gifts. There
are no other associations or relationships with insurers which may influence us
in providing our services.

14. Complaints Policy

FDCA have developed a Complaints and Dispute Resolution Process which is

fair, efficient and accessible to all our clients.

If you would like to make a complaint about the services provided by FDCA
you should telephone FDCA on free call 1800 658 699, or if you wish you
can put your complaint in writing for referral to the complaints officer. The
complaints officer will acknowledge your complaint in writing as soon as it is
received by FDCA. We will respond to your complaint within 5 business days
of receipt by FDCA.

14  Family Day Care Australia Educator Insurance

Product Disclosure Statement
Personal Accident for Carers/Educators and Children

London Australia Underwriting Pty Ltd (LAUW) B) Personal Accident Extensions

London Australia Underwriting Pty LTD (LAUW) ABN 40 114 962 435 / AFSL no.
295894 is an underwriting agency based in Sydney, Australia.
LAUW has been in operation since July 2005 and acts on behalf of certain
underwriters at Lloyd’s with authority to quote and issue contracts of insurance
and collect premiums pursuant to a binding authority agreement as an agent
of Lloyd’s. Claims are handled locally by Corporate Services Network.
1. Double death benefit
In the event that the You and Your spouse/partner die as the direct result of
bodily injury sustained in the same accident and leave dependent children
We agree to pay You double the benefit up to the maximum limit of liability
per insured person as stated in the Policy schedule if Your Spouse/partner is not
previously insured under this Policy.

If You have any queries about this policy You should contact LAUW whose
contact details are at the end of this PDS.
The Insurer
The Insurer of the Policy is certain underwriters at Lloyd’s of London.
What is a Product Disclosure Statement?
This Product Disclosure Statement (PDS) contains information about the policy
including the benefits and conditions, Your rights as a client and other things
You need to know to assist You to make an informed decision when choosing
Your insurance.
Please refer the Policy Wording for further details.
C) Provided Always That:
1. Any permanent disablement not specifically defined in the table
above shall be calculated by assessing the disablement relative to the
permanent disablement schedule of benefits above without
reference to the insured person’s occupation.
2. In the event of an insured person sustaining bodily injury that results in
permanent disablement under more than one benefit the total
amount payable shall not exceed 100% permanent disablement
amount stated in the schedule.
3. If a claim is payable for the loss of a part of the body further claims for
any component part cannot also be made.

In this PDS: 4. No payment will be made for permanent disability deemed by

underwriters to be 5% disability or less.
• ‘We’, ‘Our’ and ‘Us’ means LAUW and certain underwriters at Lloyd’s.
5. Where any payment has been made for temporary total disablement
• ‘You’, Your’ means the person named in the policy schedule as the the amount paid shall be deducted from any lump sum subsequently
Insured Person. payable for permanent total disablement or death.

6. If an accident causes an insured person’s death within twelve months

SECTION 1 - CARERS/EDUCATORS following the date of the accident and prior to the definite settlement
of the benefit for disablement for Permanent Total Disablement or
Key Features of the Policy / Compensation payable in respect of PERSONAL Permanent Disablement, only the benefit provided for in the case of
ACCIDENT the insured person’s death shall be paid.

If, as a result solely and directly of accidental bodily injury and corresponding
Accidental Death, Permanent Total Disablement, Permanent Disablement or
Temporary Total Disablement (or combination thereof), and You suffer from
any of the following Insured Events set out below, We will pay compensation
to You or Your Executors or Administrators as set out in the table below. The
Accident giving rise the Bodily Injury or Accidental Death must occur during
the operative time and within the Policy Period. Coverage applies 24 hours,
inside and outside of the workplace.
A) Accidental Death, Permanent Total Disablement, Permanent
Disablement or Temporary Total Disablement Schedule of Benefits
Benefit Percentage/amount
payable
Accidental Death 100%
Key Features of the Policy / Compensation payable in respect of SICKNESS
If, as a result solely and directly of sickness and corresponding Permanent and
total loss of sight in both eyes, Permanent Total Disablement by paralysis or
Temporary Total Disablement (or combination thereof), and You suffer from any
of the following Insured Events set out below, We will pay compensation to You
or Your Executors or Administrators as set out in the table below. The Sickness
must occur during the operative time and within the Policy Period. Coverage
applies 24 hours, inside and outside of the workplace.
A) Permanent and total loss of sight in both eyes, Permanent Total
Disablement by paralysis or Temporary Total Disablement Schedule
of Benefits
Benefit Percentage/amount
payable

Permanent Total Disablement 100% Permanent and total loss of sight in both eyes 100%

Tetraplegia or paraplegia 100% Permanent Total Disablement by paralysis 100%

Loss of Limb(s) one or more 100% Temporary Total Disablement As per individual
Evidence of Cover
Loss of Sight in one or both eyes 100%
B) Provided Always That:
Loss of Hearing in both ears 100%
1. In the event of an illness causing Your death within 12 months of the
Loss of Hearing in one ear 25%
symptoms of the illness first appearing there shall be no payment
Loss of Speech 50% under this section in respect of permanent and total loss of sight in
both eyes and permanent total disablement by paralysis.
Loss of thumb 20%
2. Where any payment has been made for temporary total disablement
Loss of forefinger or big toe 15%
the amount paid shall be deducted from any lump sum subsequently
Loss of any other finger or toe 10% payable for permanent total disablement by paralysis.
Permanent loss of use of back or spine (excluding 40% 3. Unless otherwise declared to and agreed by Us no benefit shall be
neck or cervical spine) without cord involvement payable for any condition for which You have sought advice,
diagnosis, treatment or counselling of which You were aware or should
Permanent loss of use of hip , knee or ankle 40%
have been aware at the inception of this contract of insurance.
Permanent loss of use of neck or cervical vertebrae 30%
without cord involvement
SECTION 2 - CHILDREN
Permanent loss of functional use of shoulder, elbow 20%
or wrist Key Features of the Policy / Compensation payable in respect of PERSONAL
ACCIDENT
Temporary Total Disablement As per individual
Evidence of Cover If, as a result solely and directly of accidental bodily injury and corresponding
Accidental Death, Permanent Total Disablement, Permanent Disablement,
Broken Bone benefits, or loss or damage to teeth, a child in Your care at
your place of work or whilst on an excursion suffers from any of the following

Family Day Care Australia Educator Insurance  15 

Insured Events set out below, We will pay compensation to You as set out in the annual aggregate.
table below. The Accident giving rise the Bodily Injury must occur during the
operative time and within the Policy Period. C) Provided Always That:

A) Accidental Death, Permanent Total Disablement, Permanent Disablement, 1. Any permanent disablement not specifically defined in the table above
Broken Bone benefits, Loss or damage to teeth Schedule of Benefits shall be calculated by assessing the disablement relative to the
permanent disablement schedule of benefits above without reference to
the insured person’s occupation.
Benefit Percentage payable
2. In the event of an insured person sustaining bodily injury that results in
Accidental Death 100%
permanent disablement under more than one benefit the total amount
Permanent Total Disablement 100% payable shall not exceed 100% permanent disablement amount stated in
the schedule.
Tetraplegia or paraplegia 100%
3. If a claim is payable for the loss of a part of the body further claims for
Loss of Limb(s) one or more 100%
any component part cannot also be made.
Loss of Sight in one or both eyes 100%
4. No payment will be made for permanent disability deemed by
Loss of Hearing in both ears 100% underwriters to be 5% disability or less.
Loss of Hearing in one ear 25% 5. If an accident causes an insured person’s death within twelve months
following the date of the accident and prior to the definite settlement of
Loss of Speech 50%
the benefit for disablement for Permanent Total Disablement or
Loss of thumb 20% Permanent Disablement, only the benefit provided for in the case of the
insured person’s death shall be paid.
Loss of forefinger or big toe 15%
Loss of any other finger or toe 10%
SECTION 3 - CARERS/EDUCATORS ACCIDENTAL DEATH ONLY
Permanent loss of use of back or spine (excluding 40%
neck or cervical spine) without cord involvement Key Features of the Policy / Compensation payable in respect of PERSONAL
ACCIDENT
Permanent loss of use of hip , knee or ankle 40%
If, as a result solely and directly of an accident and corresponding Accidental
Permanent loss of use of neck or cervical vertebrae 30% Death, We will pay compensation to You or Your Executors or Administrators
without cord involvement as set out in the table below. The Accident giving rise the Bodily Injury or
Accidental Death must occur during the operative time and within the Policy
Permanent loss of functional use of shoulder, elbow 20% Period. Coverage applies 24 hours, inside and outside of the workplace.
or wrist
A) Accidental Death Schedule of Benefits
Broken Bone Benefits caused directly and solely by
accidental bodily injury:
Benefit Percentage/amount
a) Neck, skull or spIne $5,000 payable
b) Hip or pelvis $2,000 Accidental Death 100%
c) Facial bone or bones, nose or jaw $2,000 B) Personal Accident Extensions
d) Collarbone, breastbone, rib/ribs or shoulder $2,000 1. Double death benefit
e) Leg, ankle or knee $1,000
In the event that the You and Your spouse/partner die as the direct result of
f) Arm, elbow or wrist $1,000 bodily injury sustained in the same accident and leave dependent children
We agree to pay You double the benefit up to the maximum limit of liability
g) Hand (not finger or thumb) or foot (not toe or $1,000 per insured person as stated in the Policy schedule if Your Spouse/partner is not
ankle) previously insured under this Policy.
h) Finger, thumb or toe $5,000 WHAT YOU ARE NOT COVERED FOR
Maximum compensation any one accident
There are certain times when there is no cover under this Policy. This means We
Loss of or damage to teeth: may refuse to pay Your claim in certain circumstances.
a) Permanent or second teeth ; a) $500 per tooth We will not pay for losses resulting directly or indirectly from:
b) Damage not included in a) above b) $50 per accident IN RESPECT OF SECTION 1:
c) Damage to first teeth c) $100 per tooth Personal Accident:
Total amount 1. Flying except as a full fare paying passenger in a scheduled or charter
payable shall not flight;
exceed AUD$2,000
2. Racing of any type;
B) Personal Accident Extensions
3. The insured person’s exposure to danger, hazardous activity or extreme
1. Out of pocket expenses sports except in the course of his/her employment or in an attempt to
save human life;
Underwriters will pay the insured expenses necessarily incurred solely and
directly from accidental bodily injury sustained and not recoverable from any 4. Any pre-existing degenerative process or gradually operating cause.
other source, but excluding hospital and/ or medical costs where legislation
prohibits in Australia the refund of such fees or costs Sickness

2. Weekly carer’s benefit
If bodily injury prevents the insured person from attending the centre
and requires the insured person to be cared for at home or elsewhere
in accordance with the instructions of a qualified medical practitioner
underwriters will pay either:
(a) loss of income incurred by the insured person’s parent or guardian
if he/she is unable engage in his/her usual employment in order to
care for the insured person, or
(b) the expenses necessarily incurred in engaging a qualified carer
during the hours that the insured person would otherwise have
attended family day care;
to a maximum of AUD$200 for each day that the insured person is unable to
attend their usual family day care centre with a deferment period of 3 days
and maximum benefit period of 52 weeks.
The maximum benefit payable under Personal Accident Extension 1 or 2, or
combination thereof, shall not exceed AUD$ 5,000 per insured person in the
1. A pandemic as declared by the Global Alert Response Network of the
World Health Organisation and/or any governmental body or national
health authority.
2. Psychoneurosis, psychopathy or psychoses, anxiety, stress, fatigue or
mental, psychological, psychiatric or emotional symptoms or diseases
or disorders of any type.
3. Venereal disease or Acquired Immune Deficiency Syndrome (AIDS), AIDS
Related Complex (ARC) or Human Immuno-deficiency Virus (HIV)
howsoever these have been acquired.
IN RESPECT OF SECTION 2:
1. Flying except as a full fare paying passenger in a scheduled or charter
flight;
2. Racing of any type;
3. Your exposure to danger, hazardous activity or extreme sports except in
the course of Your employment or in an attempt to save human life;

16  Family Day Care Australia Educator Insurance

4. Any pre-existing degenerative process or gradually operating cause.
5. Any benefit for the first 3 days that the child is unable to attend their
normal family day care centre.
6. Any benefit during the Policy Period that the child’s parent or guardian
is entitled to paid carer’s leave from his/her employer.
7. Weekly carer benefits, where the child is admitted or being cared for in
a hospital.
8. Any benefit from the date the qualified medical practitioner considers
that the child no longer requires care.
IN RESPECT OF SECTION 3:
1. Flying except as a full fare paying passenger in a scheduled or charter
flight;
2. Racing of any type;
3. The insured person’s exposure to danger, hazardous activity or extreme
sports except in the course of his/her employment or in an attempt to
save human life;
4. Any pre-existing degenerative process or gradually operating cause.
IN RESPECT OF ALL SECTIONS:
1. If You are deemed to be under instruction from or employed by the
armed forces of any country, and which arises from Your active
participation within the theatre of war.
2. Being under the influence of any drug or controlled substance (other
than drugs legally prescribed by a registered healthcare practitioner
and used as directed by the registered healthcare practitioner).
3. The discharge, explosion, or use of any weapon designed or intended
to cause death or serious injury, whether or not employing nuclear
fission or fusion, or chemical, biological, radioactive or similar agents,
by any party at any time for any reason.
4. Ionising radiation or contamination by radioactivity from any nuclear
fuel or waste from the combustion of nuclear fuel.
5. Suicide or attempted suicide, and parasuicidal behaviour.
6. War in Australia or permanent country of residence.
7. Any Claim or provide any benefit to the extent that the provision of
such cover, payment of such Claim or provision of such benefit which
would expose Underwriters to any sanction, prohibition or restriction
under United Nations resolutions or the trade or economic sanctions,
laws or regulations of the European Union, Australia, United Kingdom or
United States of America.
CONDITIONS AND LIMITATIONS APPLICABLE TO SECTIONS 1, 2 AND 3
1. Assignment
This Policy cannot be assigned without the prior written consent of Us.
2. Avoidance by underwriters
If We are entitled to avoid this Policy We may elect to give notice to You that
We regard this Policy as being in full force and effect, except that no indemnity
will be given under this Policy that arises from or is related to the ground(s) that
entitled Us to avoid this Policy.
3. Cancellation
This Policy may be cancelled by You at any time by giving Us written notice, in
which case We shall retain a proportion of the premium calculated at short-
term rates for the time the Policy has been in force. We may cancel this Policy
in accordance with the provisions of the Insurance Contracts Act 1984 (Cth).
Upon cancellation by Us, We shall refund a proportion of the premium paid
calculated by reference to the unexpired period of Insurance. However no
such refund shall be forthcoming where a claim or circumstances which may
give rise to a claim have been notified under this Policy.
4. Medical Notes
It is a pre-condition to Our liability to pay compensation under this Policy, that
all medical records, notes, and correspondence referring to the subject of a
claim or a related pre-existing condition of Yours subject of a claim, be made
available on request to any medical adviser appointed by or on behalf of Us
and that such medical adviser or advisers shall, for the purpose of reviewing
the claim, be allowed so often as may be deemed necessary to make
examination of You.
5. Fraud Concealment
Any fraud, concealment, or deliberate misstatement or non-disclosure either
in the proposal on which this Policy is based or in relation to any other matter
affecting this Policy or in connection with the making of any claim hereunder,
shall entitle Us to either reduce Our liability under the Policy or cancel the Policy
from its inception, subject to the relevant provisions of the Insurance Contracts
Act 1984 (Cth).
6. Claim Notification
You must ensure that We are notified as soon as practicable of any:
(a) claim;
(b) circumstance(s) of which You become aware which is (or are)
likely to give rise to a claim;
Such notification shall include full details of the accident or event giving rise
to the claim, circumstance(s) likely to give rise to a claim. Failure to notify Us
as soon as practicable may result in the claim being declined or payment
reduced.
Notify claims to London Australia Underwriting Pty Ltd, C/- Corporate Services
Network, Level 2, 280 George Street, Sydney 2000 or call +612 8256 1770
Or; Email: claims@csnet.com.au
7. Contribution
Any matter in respect of which You are (or but for the existence of this Policy
would be) entitled to indemnity under any other contract of insurance, except
where such other insurance is written as specific excess insurance to provide
an indemnity in excess of the amount payable under this Policy.
8. Dispute Resolution
In the event of a dispute arising under this Policy, underwriters, at the request of
the Insured Person, will submit to the jurisdiction of any competent Court in the
Commonwealth of Australia. Such dispute shall be determined in accordance
with the law and practice applicable in such Court.
Any summons notice or process to be served upon the Underwriters may be
served upon;
Lloyd’s General Representative in Australia
Suite 2, Level 21 Angel Place
123 Pitt Street
Sydney NSW 2000
who has authority to accept service and to enter an appearance on behalf of
underwriters, and who is directed at the request of the insured to give a written
undertaking to the insured to appear on behalf of underwriters..
If a suit is instituted against underwriters, underwriters agree to abide by the
final decision of such Court or any competent Appellate Court.
9. Duty to cooperate
As a condition precedent to the right to be indemnified under this Policy You
must:
(a) Promptly provide to Us full details concerning any claim and/or any
circumstance(s) likely to give rise to a claim and/or any matter(s) where
You have requested to be indemnified under this Policy;
(b) Promptly and on a continuous basis provide such co-operation and
assistance as We and Our representatives, legal advisers and/or agents
may reasonably require;
(c) Provide, at Your own expense, to Us such certificates, information and
evidence as they may from time to time reasonably require.
(d) Undergo an independent medical examination when requested by Us,
the cost for said medical examination will be paid by Us.
10. Eligibility
To be eligible to benefit from cover under this Policy You must be under the
age of 75 years unless otherwise agreed by Us.
11. Governing law
This Policy is governed by, and interpreted in accordance with, the laws of the
Commonwealth of Australia and the State or Territory where the Policy was
issued. Disputes relating to interpretation of this Policy must be submitted to the
exclusive jurisdiction of the Courts of that State or Territory.
12. Interest
No benefit shall carry interest.
13. Interpretation
(a) Reference to any Act, statute or statutory provision shall include a
reference to that provision as amended, re-enacted or replaced from
time to time whether before or after the date of the inception of this
Policy;
(b) If any term, condition, exclusion or endorsement or part thereof is found
to be invalid or unenforceable the remainder shall be in full force and
effect;
(c) The headings herein are for reference only and shall not be considered
when determining the meaning of this Policy.
14. Premium payment
(a) As a condition precedent to the right to be indemnified under this Policy
the You undertake that premium will be paid in full to Us within 60 days of
inception of this Policy (or, in respect of instalment premiums, when due).
Family Day Care Australia Educator Insurance  17 
(b) If the premium has not been so paid by the sixtieth day from the
inception of this Policy (and, in respect of instalment premiums, by the
date they are due) We shall have the right to cancel this Policy ab
initio by notifying You via your Insurance Broker in writing. In the event of
cancellation, premium is due to US on a pro rata basis for the period that
We were on risk but the full policy premium shall be payable to Us in the
event that any claim(s), circumstance(s) or loss(es) are notified prior to
the date of termination.
15. Proposal form
The proposal and all information contained within it, submitted by You or Your
representative to Us shall be the basis of, and be incorporated into, this Policy.
16. Several liability
The obligations of each insurance company and Lloyd’s syndicate (including
the underwriters thereof) shall be several and not joint and shall be solely to
the extent of that company’s or syndicate’s individual subscription. No such
company or syndicate shall be responsible for the subscription of any other
such company or syndicate who for any reason does not satisfy all or part of its
obligations hereunder.
17. Subrogation
We shall be subrogated to all the rights of recovery of the insured against any
third party before or after any indemnity is given under this Policy provided
always that We shall not exercise any such rights against You unless the loss
in respect of which indemnity is provided under this Policy was caused or
contributed to by You. You shall, promptly and without charge, provide such
assistance as We may reasonably require in any subrogation.
CONDITIONS AND LIMITATIONS APPLICABLE TO SECTION 1 ONLY
Benefit shall not be payable under more than one of the items of the
schedule in respect of the consequences of one accident or of one illness.
No weekly benefit shall be payable until the total amount thereof has been
ascertained and agreed. Where any payment is made for weekly benefit, the
amount so paid shall be deducted from any lump sum subsequently payable in
respect of the same accident or illness.
1. The total sum payable under this contract of insurance in respect of any
one or more claims shall not exceed in all the largest benefit under any
one of the items contained in the schedule (this condition does not apply
in the event an insured person and their spouse/partner die as the direct
result of bodily injury sustained in the same accident and leave
dependent children).
2. Illness Declared
This insurance is issued on the condition that You have no other illness
insurance except as specifically declared to the underwriters at inception
or agreed by them during the period of this Policy.
CONDITIONS AND LIMITATIONS APPLICABLE TO SECTION 2 ONLY
1. Benefit shall not be payable under more than one of the items of the
schedule in respect of the consequences of one accident (this condition
does not apply to Personal Accident Extensions)
THE MOST WE WILL PAY
The most We will pay for all claims under this Policy during any period of
insurance is set out in the Evidence of Cover issued to You.
Once the Limit of Liability has been paid, You will need to pay Us further
premium to reinstate the policy cover.
Please refer the Policy Wording for further details.
IMPORTANT DEFINITIONS
For the purpose of this Policy, the following definitions apply:
“Accident(al)”shall mean a single and unexpected external event, not
being the unintended consequence of an intended act, which occurs at an
identifiable time and place.
In respect of Section 1 only: “Annual salary” means the pre-accident 3 year
average total gross basic annual salary excluding payments for overtime,
commission or bonus at the date the bodily injury is sustained. For weekly paid,
Your annual salary will be calculated by taking Your average gross basic weekly
salary for the 13 weeks prior to sustaining bodily injury and multiplying by 52.
“Benefit” means the sums stated in the schedule of compensation being the
maximum amount payable by Us.
“Benefit period” means:
In respect of Section 1:
the maximum period for which temporary total disablement benefit are
payable due to any one bodily injury. The benefit commences at the end of
the deferment period.
In respect of Section 2:
the maximum period for which weekly carer’s benefit are payable due to any
one bodily injury. The benefit commences at the end of the deferment period.
18  Family Day Care Australia Educator Insurance
“Biological” means any pathogenic (disease producing) micro-organism(s)
and/or biologically produced toxin(s) (including genetically modified organisms
and chemically synthesised toxins) which can cause illness and/or death in
humans, animals and/or plants.
“Bodily injury” means a physical injury caused by an accident, which occurs
fortuitously whilst the policy is in force and which results in any of the insured
events specified in the schedule, within twelve (12) calendar months from the
date of its occurrence, but does not include any condition which is also a
sickness
“Chemical” means any toxic or poisonous chemicals, or their precursors which
when suitably disseminated, produces incapacitating, damaging or lethal
effects on people, animals, plants or material property.
“Child(ren)” means any person who is unmarried and under 18 years old or
under 23 years old if in full-time education.
“Deferment period” means 14 days at the commencement of temporary total
disablement or temporary partial disablement for which no benefit is payable.
“Excess” means the amount payable by You.
In respect of Section 2 only:“Excursion” means a short trip or journey, travelling
away from the location to a specific destination and returning to the location
organised by the insured person for the benefit of children registered to their
care.
In respect of Section 1 only: “Gross weekly wage” means the gross average
weekly equivalent of annual salary.
In respect of Section 1 only: “Illness or sickness” means illness or sickness which
first manifests itself during the Policy period or results from bodily injury following
an accident within the Policy period.
“Insured” means:
1. The firm(s), organisation(s), or company/(companies) stated in the
schedule;
2. The partner(s) of the firm(s) or company/(companies) stated in the
schedule where such firm(s) or company/(companies) are partnerships;
3. The principal individual in the event that the firm(s) or company/
companies stated in the schedule is a sole practitioner.
“Insured person” means You as stated in the applicable Evidence of Cover.
In respect of Sections 1 and 2 only: “Limit of indemnity” means the maximum
amount of Our liability.
In respect of Section 2 only: “Location” means the place where the insured
person carries out day care services for children.
In respect of Sections 1 and 2 only: “Loss of hearing” means permanent and
total loss of hearing.
In respect of Sections 1 and 2 only: “Loss of limb” means:
1. in the case of a lower limb loss by physical severance at or above the
ankle or permanent and total loss of use of a complete foot or leg;
2. in the case of an upper limb loss by physical severance of the four fingers
at or above the meta carp phalangeal joints or permanent and total loss
of use of a complete hand or arm.
In respect of Sections 1 and 2 only: “Loss of sight” means:
1. permanent and total loss of sight in both eyes if Your name is added to
the Register of Blind Persons on the authority of a fully qualified
ophthalmic specialist;
2. in one eye if the degree of sight remaining after correction is 3/60 or less
on the Snellen Scale.
In respect of Sections 1 and 2 only: “Loss of speech” means total and
permanent loss of speech.
In respect of Section 2 only: “Medical practitioner” means a person who is
recognised by the laws of the jurisdiction in which treatment is received by the
child as qualified to treat the bodily injury and who is not a relative of the child.
“Operative time” means the period of time during which an insured person is
covered by this Policy as stated in the schedule.
In respect of Sections 1 and 2 only: “Paraplegia” means the permanent total
paralysis of the two lower limbs, bladder and rectum.
“Permanent country of residence” means the country in which You have
permanently resided for a period of 12 months or longer.
In respect of Sections 1 and 2 only: “Permanent disablement” means
permanent and irrecoverable disablement as listed in the schedule of
compensation.
“Permanent total disablement” means:
In respect of Section 1:
disability which totally prevents You from working in Your usual occupation
and which lasts 12 months and on the balance of probability will continue
 for the remainder of Your natural life where You are gainfully employed,
and are below 68 years old;
In respect of Section 2:
a disablement which prevents an insured person from working in any and
every occupation and which lasts 12 consecutive months which, at the
end of those 12 months, is beyond improvement as certified by a legally
qualified medical practitioner.
“Premium” means the amount stated in the schedule.
“Policy period” means the period stated in the schedule.
In respect of Section 2 only: “Qualified carer” means a person that has
completed the necessary tertiary nursing qualifications and is a registered
nurse.
“Registered healthcare practitioner” means a fully qualified and licensed
member of the medical profession who is approved by the governing medical
association of the country in which the healthcare practitioner practices and
who is not You, an associate of Yours or a member of Your family.
“Schedule” means the document entitled “SCHEDULE to the Policy” that
relates to this Policy.
In respect of Sections 1 and 2 only: “Tetraplegia” means the permanent and
total paralysis of the two upper limbs and two lower limbs.
In respect of Section 1 only: “Temporary total disablement” means disablement
which prevents You from carrying out all parts of Your usual occupation, up to
a maximum of 70% of Your Gross annual salary.
“Underwriters” mean certain Lloyd’s Underwriters and any other participating
insurance companies.
“War” means war, civil war, invasion, act of foreign enemies, hostilities (whether
declared or not), rebellion, revolution, insurrection, military or usurped power.
NOTIFICATION OF CLAIMS
Notify claims to London Australia Underwriting Pty Ltd, C/- Corporate Services
Network, Level 2 280 George Street, Sydney 2000 or call +612 8256 1770.
Or; Email: claims@csnet.com.au
THE COST OF YOUR POLICY AND PAYING FOR YOUR INSURANCE
The cost of the Policy will be shown on the quotation provided, once all
required information has been received.
The cost of the Policy is made up of premium, government taxes such as
Goods & Services Tax (GST) and stamp duty, where applicable and fees.
YOUR DUTY OF DISCLOSURE
When You apply for insurance You need to tell Us certain information which
would affect Our decision to insure You. If You do not give Us this information
it may affect the Policy. The duty of disclosure appears in full below; please
ensure You read and understand this duty.
The duty of disclosure notice will also appear on Your renewal invitation and
the duty of disclosure also applies to any endorsements or variations You ask
for.
Before You enter into a contract of general insurance with an insurer, You have
a duty, under the Insurance Contracts Act 1984 (Cth), to disclose to Us every
matter that You know, or could reasonably be expected to know, is relevant
to Our decision whether to accept the risk of the insurance and, if so, on what
terms.
You have the same duty to disclose those matters to Us before You renew,
extend, vary or reinstate a contract of general insurance.
Your duty however does not require disclosure of a matter which:
• diminishes the risk to be undertaken by Us;
• is of common knowledge;
• We know or, in the ordinary course of Our business, ought to know;
• of which compliance with Your duty is waived by Us in writing.
NON-DISCLOSURE
If You fail to comply with Your duty of disclosure, We may be entitled to reduce
Our liability under the Policy in respect of a claim or may cancel the Policy.
If Your non-disclosure is fraudulent, We may also have the option of avoiding
the contract from its beginning.
COOLING-OFF
If You decide that You do not want the Policy, You have a cooling-off period
of 21 days from the date the Policy was issued to cancel the Policy. You must
tell Us in writing that You wish to cancel the Policy and We will repay the full
amount of premium to You. You cannot use this cooling-off period if the Policy
has already expired or if You have made a claim under it.
GENERAL INSURANCE CODE OF PRACTICE
This policy is compliant with the Insurance Council of Australia‘s General
Insurance Code of Practice apart from claims adjusted outside Australia. LAUW
and certain underwriter’s at Lloyd’s proudly support the Code. The purpose of
the Code is to raise standards of practice and service in the general insurance
industry.
DISPUTE RESOLUTION
We shall do everything possible to provide a quality service to You. If You have
any concern or complaint We are always available to listen to You and to help
where We can.
If, after talking to Us, You wish to take the matter further, We have a Complaints
and Dispute Resolution Procedure which undertakes to provide an answer to
You within fifteen (15) working days. Please contact the Disputes Resolution
Manager at LAUW (see contact details at the end of this Product Disclosure
Statement).
If You are not happy with any decision and it relates to a claim, You may take
Your complaint to Lloyd’s Australia Limited.
Please contact Us if You would like further information or contact Lloyd’s
Australia Limited, Level 21, 123 Pitt Street, Sydney NSW 2000
Tel: +61 (0) 2 9223 1433 Fax: +61 (0) 2 9223 1466
PRIVACY
We are committed to protecting Your privacy. We use the information
You provide Us to quote on Your application for a policy, to provide the
insurance, administer the Policy and assess and manage any claims. We only
provide personal information to Our underwriters and reinsurers (and their
representatives) and those We appoint to assist Us with claims under Your
Policy.
If You do not provide Us with full information, We cannot properly quote for Your
insurance and We cannot insure You. You can check the personal information
We hold about You at any time. Such application should be directed to Us in
writing where it will be considered by Our internal Privacy Disputes Department.
If You provide Us with personal information about anyone else, We rely on You
to have their consent to provide their information to Us, and that You have told
them to whom We may provide it, the purposes for which We may use it and
that they can access it. If the information is sensitive, We rely on You to have
obtained their consent on these matters.
For more information about Our Privacy Policy, please visit Our website to
obtain a copy:
www.lauw.com.au
SERVICE OF SUIT CLAUSE
We hereon agree that:
In the event of a dispute arising under this Policy, We, at the request of You,
will submit to the jurisdiction of any competent Court in the Commonwealth of
Australia. Such dispute shall be determined in accordance with the law and
practice applicable in such Court.
Any summons notice or process to be served upon Us may be served upon;
Lloyd’s General Representative in Australia
Suite 2, Level 21 Angel Place, 123 Pitt Street, Sydney NSW 2000
who has authority to accept service and to enter an appearance on Our
behalf, and who is directed at the request of You to give a written undertaking
to You that he will enter an appearance on Our behalf. If a suit is instituted
against US, We will abide by the final decision of such Court or any competent
Appellate Court.
CONTACT DETAILS
London Australia Underwriting Pty Limited
Suite 35.01 Northpoint
100 Miller Street
North Sydney
SYDNEY NSW 2000
Telephone: (02) 8912 6400
Fax: (02) 8912 6401
Website: www.lauw.com.au
Email: feedback@lauw.com.au
This Product Disclosure Statement was prepared on 1st December 2015
London Australia Underwriting Pty Ltd are authorised by certain underwriters at
Lloyd’s to distribute this Product Disclosure Statement.
PAPDS201512
Family Day Care Australia Educator Insurance  19 
Family Day Care Australia Limited
PO Box 571Gosford NSW 2250
Tel 1800 658 699 I Fax 02 4324 7882
memberservices@fdca.com.au
www.fdca.com.au
20  Family Day Care Australia Educator Insurance
EIIA0216