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Rapid growth is raising the disability sector's risk profile and driving the requirement for management, policy, practices and procedures to keep pace with increased exposures. One such risk is the incidence of sexual abuse in disability care settings.

People with disabilities are particularly vulnerable to abuse due to potential communication barriers and their dependence on caregivers. The unequal power dynamics and lack of oversight in some disability care settings can create an environment where abuse can occur.

Ensuring safety and accountability in disability care

It is essential for disability care providers to implement robust policies and procedures to try and ensure their clients' safety, such as comprehensive staff training and fostering a culture of openness and accountability.

Where this fails and abuse occurs, the care provider also needs protection in dealing with potential legal actions and associated costs. Insurance coverage for sexual abuse in disability care settings can vary depending on the specific policy and insurance provider.

Understanding insurance coverage for sexual abuse in disability care

Insurance coverage for sexual abuse in disability care settings can vary depending on the specific policy and insurance provider. Some policies may include coverage for claims related to sexual abuse, while others may specifically exclude such claims. It is crucial for disability care providers to carefully review their insurance policies and discuss coverage options with their insurance provider to ensure they have appropriate coverage in place.

Gallagher: Your partner in comprehensive insurance solutions

At Gallagher, our extensive experience and commitment to the disability sector have allowed us to establish strong relationships with over 24,000 care providers and non-profits worldwide. This invaluable knowledge enables us to effectively meet the insurance requirements of disability service providers, including National Disability Services (NDS) and MyCareSpace.

Importantly, we can source insurance cover specifically for sexual abuse and molestation allegations and legal actions.

Insurance cover for the broad scope of disability service risks

Gallagher offers a comprehensive range of insurance cover for disability care providers, both individuals and organisations, including:

  • public and product liability insurance
  • professional indemnity insurance
  • management liability insurance
  • property insurance for residential facilities
  • commercial property insurance
  • disability employment services
  • disability support workers
  • sexual abuse and molestation
  • cyber insurance
  • motor vehicle insurance
  • workers compensation.

For organisations, including those that may face challenges in obtaining suitable insurance cover, it's vital to be protected through the correct insurance for their needs.

To make decisions around the risks to be managed in the services delivered, providers need to be aware of any exclusions or gaps in their insurance cover. Our knowledge of the disability service sector's legislative environment means we can help provide the most relevant advice.

For individuals we understand the scope of responsibilities and risks that provider roles may involve and provide the right insurance for the applicable risk exposures.

How Gallagher delivers competitive insurance cover for disability providers

The complex nature of disability sector insurance needs calls for early analysis of critical factors that could potentially affect risk exposures, and forward planning to obtain a comprehensive solution. The right advice and support can alleviate ongoing concerns and add value.

We work with all disability providers including those that have business services considered hard to place such as:

  • accommodation providers such as supported independent living, medium/short term and specialist disability accommodation
  • disability employment services
  • coverage for registered nurses and allied health professionals
  • social enterprises.

Our advisors canvass multiple insurers to access the right advice to ensure all risk exposures, including those insurers might consider hard to place, are brokered with a range of markets to obtain the required cover.

Gallagher also supports business growth with insurance cover that allows providers to continue adding to their service offerings without exposing directors and business owners to personal lawsuits and potential statutory fines.

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Disclaimer

Gallagher provides insurance, risk management and benefits consulting services for clients in response to both known and unknown risk exposures. When providing analysis and recommendations regarding potential insurance coverage, potential claims and/or operational strategy in response to national emergencies (including health crises), we do so from an insurance and/or risk management perspective, and offer broad information about risk mitigation, loss control strategy and potential claim exposures. We have prepared this commentary and other news alerts for general information purposes only and the material is not intended to be, nor should it be interpreted as, legal or client-specific risk management advice. General insurance descriptions contained herein do not include complete insurance policy definitions, terms and/or conditions, and should not be relied on for coverage interpretation. The information may not include current governmental or insurance developments, is provided without knowledge of the individual recipient's industry or specific business or coverage circumstances, and in no way reflects or promises to provide insurance coverage outcomes that only insurance carriers' control.

Gallagher publications may contain links to non-Gallagher websites that are created and controlled by other organisations. We claim no responsibility for the content of any linked website, or any link contained therein. The inclusion of any link does not imply endorsement by Gallagher, as we have no responsibility for information referenced in material owned and controlled by other parties. Gallagher strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

Insurance brokerage and related services to be provided by Arthur J. Gallagher & Co (Aus) Limited (ABN 34 005 543 920). Australian Financial Services License (AFSL) No. 238312