The PSA has become aware that some Professional Officers are concerned they may not be covered for Professional Indemnity whilst at work.

All Public Sector employees including professionals classified in the PO stream are protected and indemnified from civil or criminal liability providing they are acting in good faith.

The SA Public Sector Salaried Employees Interim Award is a consolidated award of the Industrial Relations Commission of South Australia published pursuant to the provisions of the Fair Work Act 1994.

The Fair Work Act 1994 at Clause 218 states the following:

Protection for officers etc

1. A person employed in an office or position under this Act incurs no civil or criminal liability for an act or omission in good faith and in the exercise or performance or the purported exercise or performance of his or her powers, functions or duties under this Act.

2. A liability that would, but for subsection (1), have attached to a person employed in an office or position under this Act attaches instead to the Crown.

What this means is that providing an employee is acting in good faith any civil or criminal liability is transferred the employer. Additional professional indemnity insurance would not be necessary for SA Public Sector employees including members working in Health Agencies for the conduct of their duties.

Any questions regarding this may be directed to PSA Industrial Officer, Ted Szarek on phone 8205 3213 or by email to tcs@cpsu.asn.au