PI market failure needs a package solution
The professions welcome your editorial encouragement of the states (``Indemnity concerns must be ironed out", AFR, March 25) moving quickly to address market failure in professional indemnity insurance by introducing proportionate liability.
The need for state uniformity of proportionate liability rules is imperative. PL is an important and worthwhile reform but only the first segment of the urgently needed reform package to protect the rights of consumers of professional services.
Only a nationally consistent reform package comprising professional standards legislation, appropriate amendment of the Trade Practices Act and proportionate liability will effectively restore professional indemnity market failure. No effective alternative has been proposed.
As professional indemnity insurance becomes almost daily more unaffordable and unobtainable for professionals, consumers' access to services is diminishing and their risk of exposure to uninsured and uncredited service providers is increasing.
Governments are recognising this danger. As with the insurance crisis in public liability and medical indemnity, balanced and nationally consistent legislative reform by all Australian governments provides the best solution.
Professional standards legislation already in place in NSW and WA ensures professionals are adequately insured, so that successful plaintiffs are compensated for economic loss.
In exchange for a safety ceiling or cap, professionals are required to comply with transparent and publicly reported risk management programs, discipline and complaints procedures which impose greater accountability of professionals to their clients.
The safety ceiling or caps on liability payouts under professional standards legislation are set at levels which cover all consumer claims and the great majority of corporate claims. By greatly reducing volatility of professional risk in today's litigious environment, professional standards legislation plus Trade Practices Act amendment will encourage insurers back into this market on reasonable terms.
Following their reform achievements in public liability and medical indemnity, Assistant Treasurer Helen Coonan and her state colleagues meeting on April 4 in Perth have a once-in-a-decade opportunity to complete the trifecta of liability reform by agreeing to national professional standards reform.
John Castles,
President, Professions Australia,
Canberra, ACT.