Linda Appelbee
Senior Associate
DLA Phillips Fox, Adelaide
linda.appelbee@dlaphillipsfox.com

Linda has extensive experience in insurance litigation. Her principal areas of practice include medical malpractice, professional indemnity and public and product liability claims. Since 1999, she has specialised in the area of Health Law and Risk Management through a number of roles in the health sector. She gained valuable experience and expertise through her work on a large public enquiry involving the NHS in the United Kingdom, and through roles within the Department of Human Services and the Department of Health, and the Women's and Children's Hospital in Adelaide, working in the area of clinical risk management. Linda is the Pro Bono Coordinator for the Adelaide Office of DLA Phillips Fox. Linda is currently undertaking a Masters of Law at Flinders University in the area of children and medical law.

Brian Daniels
Medico-Legal Manager
Medical Insurance Group Australia (MIGA), Adelaide
daniels.brian@saugov.sa.gov.au

I am the Director Insurance in the South Australian Government Financing Authority, SAFA, the South Australian Government’s captive insurer. I am an actuary by qualification and have been working in the South Australian Treasury for just over thirty years. I have been involved in the Government’s insurance arrangements since they were centralised in Treasury in the late eighties and have been in charge of the captive insurance operations of the Government since their establishment in 1994. I was one of the South Australian Government representatives on the inter-jurisdictional Insurance Issues Working Group that advised Insurance Ministers in relation to tort reform.

Ian Davidson
Divisional Manager - Corporate Insurance Services
Aon Risk Services Australia, Melbourne
ian.davidson@aon.com.au

Ian is a member of the Aon National Healthcare Practice Group.  Within that group, Ian acts as the Client Relationship Manager and / or Strategic Account Manager for healthcare clients including hospital groups, aged care providers, medical colleges, clinical trial groups, statutory bodies and not for profit health care organisations.  A major function of the Practice Group is to share knowledge across all of Aon’s healthcare clients, and to establish best practice solutions to the risk and insurance needs of Aon’s health clients. Ian also established Aon’s Corporate Claim Management Unit in Melbourne, which services large and /or complex claims.

Ian Furby
Senior Account Executive
Aon Risk Services Australia, Adelaide
ian.furby@aon.com.au

Ian Furby has been working in the insurance broking field for 14 years, the last six at Aon Risk Services where he specialises in the insurance healthcare organisations. Ian’s primary role is the servicing of the insurance needs for many suburban and regional private hospitals as well as a large proportion of the aged care facilities within South Australia. He is a qualified Practicing Insurance Broker, Certified Insurance Professional and qualifications include a Diploma in Financial Services for Insurance Broking and is an Affiliate of the Australian and New Zealand Institute of Insurance and Finance.

Alan Lindsay
Barrister
Wright Chamber, Adelaide
alan.lindsay@wrightchambers.com.au

Alan Lindsay is a barrister practising mainly in the area of civil litigation, with a particular interest in medical issues. He has acted for a number of Medical Defence Organisations, hospitals and government departments. He has also acted for private and community health organisations, from indigenous health groups to aged care. Mostly he has acted for doctors in their negligence, medical board, employment and insurance issues.

Liane Lawton
Underwriting
South Australian Government Financing Authority, Adelaide
lawton.liane@saugov.sa.gov.au

Cheryl McDonald
Medico-Legal Manager
Medical Insurance Group Australia, Adelaide
cheryl@miga.com.au

Cheryl McDonald is the manager of the medico legal services at MIGA (Medical Insurance Group Australia), and has held that position for 10 years. Cheryl worked as a legal practitioner in private practice for 10 years prior to taking her current position.  Her background is almost entirely in personal injury litigation. MIGA provides insurance to the medical profession on a national basis, and Cheryl’s department provides claims management and medico-legal advice to its member doctors. Cheryl manages a small team of solicitors and provides advice to doctors regularly on medico-legal issues including privacy and access to medical records.  Her aim is to provide correct and pragmatic advice to members on their legal obligations when dealing with patients and solicitors.

Charmaine Noble
Account Manager - Corporate Insurance
Aon Risk Services Australia, Adelaide
charmaine.noble@aon.com.au

Having spent approximately 30 years in the insurance industry, Charmaine's roles have included underwriting and claims management, and client servicing at several insurance broking houses.  For the last 10 years she specialised in church, not-for profit, education and healthcare business and currently has responsibility for management of corporate accounts within these sectors.   Her role entails working with clients to understand their business and design best solutions to their risks and needs.

Chris Sweet
Partner
MinterElison, Adelaide
chris.sweet@minterellison.com

Chris Sweet is a Partner with MinterEllison in Adelaide where his principal areas of practice are medical indemnity and medical defence, risk management advice to healthcare professionals, and general litigation and insurance. Previously, Chris practised at Fisher Jeffries, Adelaide, from 1988 to in 1994: principally work for Medical Defence Union and the local SASMED scheme. From 1997 to 2001 he practised at Beachcroft Wansboroughs in England heading a team of solicitors and legal executives responsible for advice, inquests, large numbers of clinical negligence claims and client care and management, to Partner level in 1998 to 2001. His main clients included The Medical Defence Union and the National Health Service Litigation Authority. Chris returned to Australia in 2001 to Minter Ellison, Perth where his clients included Qantas, Riskcover and United Medical Protection. He transferred to Adelaide in 2004 to head up the claims management contract run by MinterEllison for the Department of Health. This role has involved a more strategic and management focus to his core areas of practice. In 2007 the claims management contract was renewed for a further term. In the period 2004 to 2007, claim numbers have been successfully reduced by 42% leading to significant reductions in reserves and outstanding liabilites. He also continues to act for Qantas, The Medical Professional Liability Company, Dental Protection Limited and Marketform. He advises on indemnity issues, medical malpractice litigation and risk and claims management.

Captive insurers: the public and private perspectives, presented by Liane Lawton.

Contemporary insurance issues, presented by Ian Davidson.

The presentation is provides an overview of the main pieces of legislation impacting on insurance for healthcare organisations (eg the Insurance Contracts Act and the Commonwealth Medical Indemnity Act (2003)), and some very relevant and current risk/insurance issues impacting on healthcare organisations (eg collocation - of public and private facilities - mergers, acquisitions and divestments, obstetric claims, ACCC investigations and infectious diseases).

Exemplarary damages and non-insurability, presented by Linda Appelbee.

The recent enactment of the Dust Diseases Act (SA) 2006 raises the issue of awards of exemplary damages and the potential for broadening the scope of such awards in the context of civil liability actions. Because the aim of exemplary damages is to act as a punishment and a deterrence of the conduct giving rise to the damage, they are excluded under the terms of broadform liability and professional indemnity policies. The presentation will consider the level of risk that exemplary damages pose as an uninsured risk to organisations through a review of the history and aims of exemplary damages, the distinction between exemplary and aggravated damages, a review of the caselaw in which exemplary damages were claimed - including methodology for assessing the quantum of damages, and the impact of specific legislation on awards of exemplary damages.

Insurance as a risk management tool, presented by Ian Furby

Insurance is a must for any healthcare organisation and a vital part of any financial portfolio. This paper provides an overview of insurance including the principles of insurance, the classes and types of insurance and insurance products, the necessity to purchase insurance, the obligations of the insured including disclosure, underwriting basics – what the insurer needs and wants to know, applyig for insurance, obtaining insurance, and the role of the insurance broker.

Insurance policies: understanding them and making them work for your organisation, presented by Charmaine Noble.

Providing a better understanding of insurance – what it is, why it is needed, how to get it, how it works and how to keep it in a competitive and changing market - includes understanding the function and role of insurance policies. This detailed paper discusses claims made versus occurrence wordings, limit of indemnity and policy excesses, exclusions and uninsured risks, liability and indemnity, reporting and recording of incidents and claims, insurance portfolio and insurance program, the closure of insurance year, insurance renewal – statistical and procedural information, and premium funding.

Legislative changes and contemporary legal issues for insurers, presented by Brian Daniels and Cheryl McDonald.

Medical indemnity for doctors has changed significantly in the last five years.  There has been a move from the traditional medical mutual model to a highly regulated insurance based regime. Concurrently the federal government introduced a raft of packages to assist stabilise premiums for doctors and there was significant tort law reform. This presentation will summarise these changes, identify the significant tort law reform and comment on the impact of the reforms on the insurer, the insured and the patients.

Open disclosure, presented by Chris Sweet.

Risk retention versus risk transfer, presented by Haydn Hewitt.

This paper includes discussion of the total cost of insurable risk, loss modelling, industry benchmarking, insurable risk profiles, risk tolerance and expected loss profile and risk financing and optimal insurance program.

Adelaide, the capital of South Australia, was named in 1836 after the wife of King William IV. The king had married Adelaide, Princess of Saxe-Meiningen, only after a long relationship, and ten children, with Mrs Dorothy Jordan, an actress.

Central Market is one of Adelaide's great atractions. Tours of the Market depart from Providore, Stall 66, at 9.30am and operate on all market days. Tuesday, Thursday, Friday and Saturday morning

Today's weather

Festivals and food. Arts and culture. Shopping and sports. This is Adelaide - the city where there's always something on. Whether you want to party or relax, South Australia's capital has it all. With spacious boulevards and vibrant inner-city districts, sophisticated architecture and lush gardens, it's the perfect venue for all sorts of activities - big or small. You might want to immerse yourself in the culture of the city's North Terrace, with its museums and libraries. You might want to indulge in retail therapy at Rundle Mall, or sample the variety of tastes on offer at the famed Adelaide Central Market. You might prefer to follow in the footsteps of sporting champions at the world-famous Adelaide Oval. Or enjoy a retreat to the cosmopolitan seaside suburbs of Glenelg and Brighton. In Adelaide, there is a brilliant blend of things to see and do. All you have to do is choose

Links

• South Australia Tourism
• Lonely PLanet guide to Adelaide
• Central Market tours
• Adelaide Hills
• Barossa Valley

The venue in Adelaide for AuSHRM Module 4 is the Aon Building, level 10, 63 Pirie Street, Adelaide, 5000.

AuSHRM gratefully acknowledges the assistance of Aon for providing the venue for this Module.

Rendezvous Allegra Hotel
55 Waymouth Street
Adelaide, SA 5000.
08 8115 8888

Hilton Hotel
233 Victoria Square
Adelaide, SA 5000
08 8217 2000

Sebel Playford Hotel
120 North Terrace
Adelaide, SA 5000
08 8213 8888

Adelaide has a wide range of accommodation near to the Module venue. The Rendezvous Allegra Hotel (closest to Aon), the Hilton Adelaide (8 minutes walk) and the Sebel Playford Hotel 8 minutes walk) are all rated as five-star.

In the three-star and four-star category, and within 15 minutes walk, are the Hotel Grand Chancellor, Hotel Richmond (Adelaide's premier boutique hotel), the Mecure Grosvenor Hotel, the Quest on King William Serviced Apartments, and the Pacific International Apartments on Frome. Links to these hotels are shown below.

A link is also shown below to the Wotif site, where the complete range of available Adelaide accommodation is available 28 days in advance.

Links

• Rendezvous Allegra Hotel
• Hilton
• Sebel Playford
• Hotel Grand Chancellor
• Hotel Richmond
• Mecure Grosvenor Hotel
• Quest on King William Serviced Apartments
• Pacific International Apartments on Frome
• Wotif