Professional indemnity insurance

The ACS Member IT Liability Insurance policy provides Professional Indemnity and Public Liability cover for Insured Members, which means all persons or entities:

(a) whose application for, or renewal of annual Membership has been accepted by the Peak Body and whose applicable Membership fee has been paid;

(b) whose taxable gross consulting fees, whether earned as a sole trader or incorporated company, in the preceding financial year was:

(i) less than $125,000; or

(ii) less than $400,000, if their status has been designated as Certified Professional by the Peak Body; and

(c) who have not been the subject of disciplinary proceedings or been the subject of a legal demand or claim in the five years preceding the application for, or renewal of, membership to the Peak Body.

No. You must ensure your membership fees are paid on time and are not overdue, otherwise you will not be covered by this policy.

The ACS Membership offers Information Technology Liability (“ITL”) coverage which is a combined policy incorporating the following (subject to full terms and conditions of the Policy):

Professional Indemnity Insurance:     

Claims alleging Acts, Errors or Omissions arising out of the performance and provision of Information Technology Products and Services.

Public & Products Liability Insurance:

Claims against you for Personal Injury or Property Damage which happens during the Policy Period as a result of an Occurrence in connection with the Performance ad Provision of Information Technology Products and Services.

If you are involved in additional activities that are non-IT Consultancy-related, this Policy would not respond. If you would like to organise a separate quote for those non-IT Consultancy-related activities, please contact Karen Watson  (details below):

Email:               karen.watson@nih.com.au

Phone:              +61 2 8913 9189

Professional Indemnity Section: $10,000,000 any one Claim and $20,000,000 in the Aggregate per Member (sub-limits apply on some sections of the Policy) Note – This is an Aggregate Limit across all Members Annually.

Public Liability Section: $20,000,000 any one Occurrence (sub-limits apply on some sections of the Policy). Note – this is the Total Limit Annually across all Members.

Professional Indemnity:                          $1,000 each and every Claim

Public & Products Liability:                   $1,000 each Occurrence 

Information Technology Services means:

(a) software development;

(b) systems integration;

(c) information management consulting;

(d) electronic data processing;

(e) computer facilities management;

(f) computer programming;

(g) design, manufacture and installation of Information Technology Products;

(h) computer and electronic equipment maintenance and repair;

(i) computer and data network analysis, consulting and design;

(j) telecommunication and data communication services;

(k) internet services;

(l) network consulting and support services;

(m) call centre services; and

(o) member services, including:

(i) providing accredited courses and jobs;

(ii) development of ICT Skills of members;

(iii)Running a member certification program;

(iv) developing skills assessments for migration;

(v) professional development of members;

(vi) running member events & providing networking opportunities;

(vii) providing information resources;

(viii) mentoring;

(ix) referrals; and

(x) advocacy.

There are some parameters on activities of IT specialists, and if you are involved in any of the following activities this will need to be dealt with manually and separately and is not automatically covered: 

• Managed services  
• Cyber security services (including consulting and penetration testing , Managed security services)
• SaaS (where there is hosting of records greater than > 10,000)
• Multimedia services including involvement in social media applications
• Operational technology, SCADA, PLC programming, industrial control systems, automation and/or IoT
• Any activities where you are responsible for large amounts of PII.
• Cryptocurrency and/or blockchain
• Gambling and Adult website and/or apps
• Payment processing including Credit card processing
• Development of AI technologies  

If you have disciplinary proceedings and/or known claims, these are NOT covered under the Policy and you will need to contact Network Insurance House :

Email:               karen.watson@nih.com.au

Phone:             +61 2 8913 9189

If you are involved in activities that are not as an IT Professional, these activities are NOT covered and you will need to speak with your local Insurance Broker to discuss.

There are exclusions for losses arising from certain contractual liability and warranties, as follows:

(a) a liability which the Insured has assumed under a contract unless such liability would have attached in the absence of such contract;

(b) cost guarantees or cost estimates being exceeded by the Insured or any other party;

(c) the insolvency, receivership, administration, bankruptcy or liquidation of the Insured;

(d) the failure to provide, effect or maintain any bond, surety or insurance;

(e) any trading debt incurred by the Insured;

(f) any guarantee given by the Insured for a debt; or

(g) any dispute with a third party regarding payments of, or entitlement to, any commission or royalty.

 Specified information technology products and services are also excluded, as follows:

(a) medical devices whether such devices are used in a clinical, hospital or diagnostic environment or by individual patients;

(b) fire, security, monitoring or alarm systems including back to base systems;

(c) oil, gas, power, electrical or nuclear energy systems or applications;

(d) industrial control systems and process control systems including but not limited to supervisory control and data acquisition (SCADA) systems, distributed control systems (DCS) and programmable logic controllers (PLC);

(e) aerospace, defence or military systems or applications;

(f) mining and mining exploration systems or applications; or

(g) financial services trading platforms, systems and applications including but not limited to platforms used in trading, shares, equities, derivatives, bonds, futures and other similar financial products.

Please ensure you review the Policy document to ensure you are aware of the exclusions. 

The Retroactive Date is Unlimited, excluding known Claims and/or Circumstances.  

The Policy allows work to be performed in the USA, however, there is an Exclusion for legal proceedings brought within the USA / Canada. 

General Conditions 5. Change in Control applies, in which Insurers continue to provide cover, but only in respect of acts, errors or omissions of the Insured in the performance of Professional Services committed prior to the date of the change in control / retirement. 

Further, as this is a Claims Made policy, the main Policy must be in place at the time a claim is made against you.  

No – This is for the Professional services as an Information Technology professional.  If you would like a quote for Cyber Liability insurance, Network Insurance House can assist to organise that separately. Please contact Karen Watson using the details below:

Email:               karen.watson@nih.com.au

Phone:             +61 2 8913 9189

Please contact Member Services and provide the following information. We will then generate and send back a tailor-made Certificate of Currency based on the details you provided:

You must notify Network Insurance House (details below) as soon as the facts giving rise to a claim are known. Do not take any step which may prejudice the insurer's right of subrogation (and exclude cover).

Email:               karen.watson@nih.com.au

Phone:              +61 2 8913 9189

Website:          https://nih.com.au/

In the event of a claim, please use the claim forms listed below:

• Professional Indemnity Claim Form AU
• Public Products Liability Claim Form AU

Please note Network Insurance House are a Third Party provider to ACS. Network Insurance House Pty Ltd (CAR 001317943) is a Corporate Authorised Representative of Network Insurance House Broking Pty Ltd (AFSL 435538).

Please contact Network Insurance House:

Email:               karen.watson@nih.com.au

Phone:              +61 2 8913 9189 

Website:          https://nih.com.au/