YOUR DUTY OF DISCLOSURE
Before you enter into a contract of general
insurance with an Insurer, you have a duty, under the Insurance Contracts Act
1984, to disclose to the insurer every matter that you know, or could
reasonably be expected to know, is relevant to the Insurer's decision whether
to accept the risk of insurance and, if so, on what terms. You have the same
duty to disclose those matters to the Insurer before you renew, extend, vary
or reinstate a contract of general insurance. Your duty however does not
require disclosure of matters:
That diminish the risk to be undertaken by the Insurer
That is of common knowledge
That you Insurer knows, or in the ordinary course of business, ought to know
As to which compliance with your duty is waived by the Insurer
If you fail to comply with your duty of
disclosure, the Insurer may be entitled to reduce their liability under the
contract in respect of a claim or may cancel the contract. If your
non-disclosure is fraudulent, the Insurer may also have the option of voiding
the contract from its beginning.
INSUFFICIENT SPACE TO ANSWER
If there is insufficient space to answer
our General Information or any other question or if you need to disclose
something to us because of your Duty of Disclosure, please attach a separate
sheet of paper to this application, giving full details of the additional
CONDITIONS OF QUOTATION
Any quotation provided by Insurers as a result of this proposal will be subject to:
final acceptance by the Proposer(s) and then Insurers prior to the acceptance date
shown in the quotation, after which the resulting insurance cannot be
the Proposer(s) undertaking to advise Insurers of any change in the information
supplies occurring prior to the inception date of any insurance;
Insurers having no obligation to accept the risks if there has been any happening or
circumstance, whether advised by the Proposer(s) or otherwise, arising prior
to acceptance by Insurers which increase or could increase the possibility of
a loss or in any way materially alters the risks as quoted. However,
Insurers at their sole discretion, may decide to provide an alternative
the Proposer(s) having declared all material facts likely to influence a
reasonable Insurer in determining:
whether or not to accept the risk
the terms, conditions, exclusions and limitations
any Proposer(s) who acts on behalf of others being deemed to have obtained and
declared all the information provided after making inquiry of each of them;
this condition only applies to any intermediary
the Proposer(s) accepting the quotation doing so on behalf of all others and
accepting responsibility for payment of the premium
the Proposer(s) undertaking that no other insurance has been purchased has been
purchased on this specific risk and none shall be without Insurer's written
approval, in the event of such approval being given, the terms, conditions,
exclusions, limitations and premium set out in any quotation may be amended
the Proposer(s) paying the premium with acceptance of the quotation, if Insurers
do not accept the risk the premium will be returned
PREVENTING OUR RIGHT OF RECOVERY
Where another person
is liable to compensate you for any loss, damage or liability which is
covered by this Policy, but you have agreed not to seek recovery of any
monies from that person, we will not cover you under this policy for that
loss, damage or liability.
PRIVACY AND CONSENT
This statement tells
you how Steadfast IRS Pty Limited (Steadfast IRS) (ABN 95 159 898 398)
collects, uses and discloses personal information and what we expect of you
" Personal information" is information about and which identifies individuals,
including, for example an individual who is an insured and an individual who
may simply be referred to in the application for cover or claim form (such as
an employee, director, claimant, witness etc)
It is important you read, understand and agree to the following, which applies
from 12 March 2014.
At Steadfast IRS Pty Limited we are committed to protecting your privacy in accordance
with the Privacy Act 1998 (Cth) and the Australian Privacy Principles. This
the collection, handling, use and disclosure of personal information. It also
deals with how you can complain about a breach of the privacy laws and how
you can access the personal information we hold and how to have that
What information do we collect and how do we use it?
When we arrange insurance on your behalf, we ask you for the information we need to
advise you about your insurance needs and management of your risks. This can
include a broad range of information ranging from your name, address, contact
details, age to other information about your personal affairs including your
assets, personal belongings, financial situation, health and wellbeing. We
provide any information that the insurers or intermediaries who we ask to
quote for your insurances and premium funding require to enable them to
decide whether to insure you and on what terms, or to fund your premium and
on what terms.
Insurers may in turn pass on this information to their reinsurers. Some of these
companies are located outside Australia. For example, if we seek insurance
terms from an overseas insurer (eg Lloyd's of London), your personal
information may be disclosed to the insurer. If this is likely to happen, we
inform you of where the insurer is located, if it is possible to do so.
When you make a claim under your policy, we assist you by collecting information
about your claim. Sometimes we also need to collect information about you
from others. We provide this information to your insurer (or anyone your
insurer has appointed to assist it to consider your claim, eg loss adjusters,
medical brokers etc) to enable it to consider your claim. Again this
information may be passed on to reinsurers.
From time to time, we will use your contact details to send you direct marketing
communications including offers, updates and newsletters that are relevant to
the services we provide. We always give you the option of electing not to
receive these communications in the future. You can unsubscribe by notifying
us and we will no longer send this information to you.
PRIVACY AND CONSENT (cont'd)
What if you don't provide some information to us?
We can only fully advise you and assist in arranging your insurance or with a claim, if we have
all relevant information. The insurance laws also require you to provide your
insurers with the information they need in order to be able to decide whether
to insure you and on what terms. You have a duty to disclose the information
which relevant to the insurer's decision to insure you.
How do we hold and protect your information?
We strive to maintain the reliability, accuracy, completeness and currency of the personal
information we hold and to protect its privacy and security. We keep personal
information only for as long as is reasonably necessary for the purpose for
which it was collected or to comply with any applicable legal or ethical
reporting or document retention requirements.
We hold the information we collect from you initially in a working file, which when
completed is electronically imaged and stored, after which your file is
archived and sent to an external data storage provider for a period of time.
We only use storage providers located in Australia who are also regulated by
the Privacy Act.
We ensure that your information is safe by protecting it from unauthorised access,
modification and disclosure. We maintain physical security over our paper and
electronic data and premises, by using locks and security systems. We also
maintain computer and network security; for example, we use firewalls
(security measures for the Internet) and other security systems such as user
identifiers and passwords to control access to computer systems where your
information is stored.
Will we disclose the information we collect to anyone?
We do not sell, trade, or rent your personal information to others.
We may need to provide your information to contractors who supply services to us, eg to
handle mailings on our behalf, external data storage providers or to other
companies in the event of a corporate sale, merger, re-organisation,
dissolution or similar event. However, we will take reasonable measures to
ensure that they protect your information as required under the Privacy Act.
We may provide your information to others if we are required to do so by law, you consent to the
disclosure or under some unusual other circumstances which the Privacy Act
How can you check, update or change the information we are holding?
Upon receipt of your written request and enough information to allow us to
identify the information, we will disclose to you the personal information we
hold about you. We will also correct, amend or delete any personal
information that we agree is inaccurate, irrelevant, out of date or
If you wish to access or correct your personal information, please write to Privacy
Officer at Steadfast IRS Pty Limited, PO Box 125, North Ryde BC, 1670.
We do not charge for receiving a request for access to personal information or for
complying with a correction request. Where the information requested is not a
straightforward issue and will involve a considerable amount of time then a
charge will need to be confirmed for responding to the request for the
In some limited cases, we may need to refuse access to your information, or refuse a request
for correction. We will advise you as soon as possible after your request if
this is the case and the reasons for our refusal.
What happens if you want to complain?
If you have concerns about whether we have complied with the Privacy Act or this
write to our to Privacy Officer at Steadfast IRS Pty Limited, PO Box 125,
North Ryde BC, 1670.
Your complaint will be considered by us through our internal complaints resolution process and we
will try to respond with a decision within 45 days of you making the complaint.
By asking us to assist with your insurance needs, you consent to the collection and use of
the information you have provided to us for the purposes described above.
Please contact us if you would like more information on the above matters.