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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Historical version for 1 July 2003 to 21 July 2003 (accessed 8 April 2020 at 20:03) Current version
Part 11 Division 2
Division 2 Automatic run-off contracts
207   Required insurance: section 109ZN
(cf clause 81O of EP&A Regulation 1994)
For the purposes of section 109ZN (2) of the Act:
(a)  an insurance contract that an accredited certifier is required to be indemnified by is an approved professional indemnity contract, and
(b)  the liability against which an accredited certifier is required to be indemnified by such a contract is the accredited certifier’s statutory liability for the whole of the period during which he or she has been an accredited certifier.
208   Individual contracts
(cf clause 81P of EP&A Regulation 1994)
(1)  An approved professional indemnity contract may provide indemnity to an individual accredited certifier.
(2)  The indemnity provided by an individual contract must extend to all acts and omissions of the person covered by the contract that have occurred at any time since the insured first became an accredited certifier.
(3)  The indemnity provided by an individual contract may be limited to those acts and omissions in respect of which a claim is made against the insured, and notified to the insurer, before the contract’s expiry date.
(4)  Nothing in this clause requires an individual contract to provide indemnity for acts or omissions that occur after the contract’s expiry date.
(5)    (Repealed)
(6)  The requirements of this clause are subject to the exceptions and exclusions allowed by the other provisions of this Part.
209   Company contracts
(cf clause 81Q of EP&A Regulation 1994)
(1)  An approved professional indemnity contract may provide indemnity to a company, including such of the directors or employees of the company as are accredited certifiers.
(2)  The indemnity provided by a company contract must extend to:
(a)  all persons who, at any time during the term of the contract, are or become:
(i)  accredited certifiers, and
(ii)  directors or employees of the company,
whether or not they cease to be accredited certifiers, or cease to be directors or employees of the company, during the term of the contract, and
(b)  all persons who, at any time before the beginning of the term of the contract, had been:
(i)  accredited certifiers, and
(ii)  directors or employees of the company,
but who had ceased to be accredited certifiers, or had ceased to be directors or employees of the company, before the beginning of that term.
(3)  Each person covered by a company contract must be named in the contract.
(4)  The indemnity provided by a company contract must extend to all acts and omissions of the persons covered by the contract that have occurred, while those persons were directors or employees of the company, in the course of work carried out on behalf of the company.
Note.
 A company contract does not cover an accredited certifier for any period before he or she became a director or employee of the company. Consequently the person will need to obtain separate indemnity for that period in order to comply with the requirements of section 109ZN of the Act.
(5)  The indemnity provided by a company contract may be limited to those acts and omissions in respect of which a claim is made against the insured, and notified to the insurer, before the contract’s expiry date.
(6)  Nothing in this clause requires a company contract to provide indemnity for acts or omissions that occur after the contract’s expiry date.
(7)    (Repealed)
(8)  The requirements of this clause are subject to the exceptions and exclusions allowed by the other provisions of this Part.
210   Partnership contracts
(cf clause 81R of EP&A Regulation 1994)
(1)  An approved professional indemnity contract may provide indemnity to a partnership, including such of the partners or employees of the partnership as are accredited certifiers.
(2)  The indemnity provided by a partnership contract must extend to:
(a)  all persons who, at any time during the term of the contract, are or become:
(i)  accredited certifiers, and
(ii)  partners or employees of the partnership,
whether or not they cease to be accredited certifiers, or cease to be partners or employees of the partnership, during the term of the contract, and
(b)  all persons who, at any time before the beginning of the term of the contract, had been:
(i)  accredited certifiers, and
(ii)  partners or employees of the partnership,
but who had ceased to be accredited certifiers, or had ceased to be partners or employees of the partnership, before the beginning of that term.
(3)  Each person covered by a partnership contract must be named in the contract.
(4)  The indemnity provided by a partnership contract must extend to all acts and omissions of the persons covered by the contract that have occurred, since those persons first became partners or employees of the partnership, in the course of work carried out on behalf of the partnership.
Note.
 A company contract does not cover an accredited certifier for any period before he or she became a director or employee of the company. Consequently the person will need to obtain separate indemnity for that period in order to comply with the requirements of section 109ZN of the Act.
(5)  The indemnity provided by a partnership contract may be limited to those acts and omissions in respect of which a claim is made against the insured, and notified to the insurer, before the contract’s expiry date.
(6)  Nothing in this clause requires a partnership contract to provide indemnity for acts or omissions that occur after the contract’s expiry date.
(7)    (Repealed)
(8)  The requirements of this clause are subject to the exceptions and exclusions allowed by the other provisions of this Part.
211–213   (Repealed)
214   Limit of indemnity as to compensation
(cf clause 81V of EP&A Regulation 1994)
(1)  An approved professional indemnity contract may limit the indemnity provided to an insured (being an individual), with respect to all claims made by the insured under the contract in any one year, to an amount of at least $1,000,000.
(2)  For an insured that is a company, an approved professional indemnity contract must indemnify the company, with respect to all claims made by the company under the contract in any one year, for not less than the amount calculated by multiplying $1,000,000 by:
(a)  the number of accredited certifiers who are directors or employees of the company as at the date on which the contract is issued, or
(b)  if the contract is the fourth or subsequent contract issued to the company, whether by the same or by another insurer, the average number of accredited certifiers who have been directors or employees of the company at any one time during the previous 3 years.
(3)  For an insured that is a partnership, an approved professional indemnity contract must indemnify the partnership, with respect to all claims made by the partnership in any one year under the contract, for not less than the amount calculated by multiplying $1,000,000 by:
(a)  the number or accredited certifiers who are partners or employees of the partnership as at the date on which the contract is issued, or
(b)  if the contract is the fourth or subsequent contract issued to the partnership, whether by the same or by another insurer, the average number of accredited certifiers who have been partners or employees of the partnership at any one time during the previous 3 years.
(4)  Nothing in subclause (2) or (3) requires the indemnity provided by an approved professional indemnity contract, with respect to all claims made by a company or partnership in any one year under the contract, to be for an amount greater than $10,000,000.
(5)  An approved professional indemnity contract must contain at least one automatic reinstatement of the indemnity provided by it.
215   (Repealed)