Spring 2012
Contents
1. CS v Biedrzycka 2011 NSWSC was residing at a different address 1213 17 October 2011 On the occasion of her second attendance she was not asked The absence of notes and about updating her details breakdown of administrative orocedures were fundamental Approximately a week later she to the imposition of liability in attended again for the purpose a doctor s malpractice case of undergoing tests for sexually recently which is worth reporting transmitted diseases Again she to surveyors and may be of was not asked about her contact interest to other professional details groups The doctor who arranged the The case was not concerned tests asked her to return a week with fault in medical diagnosis later for the results but that he The relevant fault which settled would be away The patient did on the shoulders of the medical not attend until a few weeks after malpractice which employed that Pathology indicated that the the doctors and the doctors results for HIV were equivocal and themselves was associated pathology recommended retesting with their administration of administrative procedures Another doctor in the practice received those results over the The court ultimately found that telephone and in writing and those administrative faults actually In accordance with the usual contributed to the harm suffered procedures initiated the sending of by a person who was not the a letter to the patient requesting patient her to at2. B t pou sesssastsis RANN L Claims Horror Stories Products in Focus Got lichy Feet Planning on Taking off Somewhere O Why don t you start your travel plans by visiting ACSIS Ltd online at www acsis com au Click on PRODUCTS then click the link to SPATIALCOVER TRAVEL and follow the links You don t need to login as a member Travel insurance provides you and your staff your relatives and friends with very competitive travel insurance polices for e International amp domestic travel e Policy cover options for singles families or couples e Competitive premiums N ACSIS LTD W Facilitating Insurance and Financial Products for the Spatial Information Industry ACSIS Ltd Ph 61 0 2 4952 5544 E management acsis com au www acsis com au ACSIS td is a Corporate Authorised Representative Rep No 255283 of Indemnity Corporation Pty Ltd ASFL 234578 General Advice Warning ACE Insurance Limited ABN 23 001 642 020 AFSL No 239687 ACE is the insurer of this product ACE only provides general advice and does not consider your objectives financial situation or needs To decide if the product is right for you please read the policy documentation including the Product Disclosure Statement If you purchase this product ACSIS Ltd are a referrer only and do not have authority to provide advice or bind ACE in relation to this product Products in Focus 02 ACSIS
3. His wife thought he had suffered a heart attack so she covered him up told him fo lie still and called an ambulance The attendants rushed in would not listen to his protests loaded him on the stretcher and started carrying him out About that time the snake came out from under the sofa and one of the Emergency Medical Technicians saw it and dropped his end of the stretcher That s when the husband broke his leg and why he was in the hospital Grass Snakes Can Be Dangerous By risenphoenix The wife still had the problem of the snake in the house so she called on a neighbour who volunteered to capture the snake He armed himself with a rolled up newspaper and began poking under the couch Soon he decided It was gone and told the woman who sat down on the sofa in relief But while relaxing her hand dangled in between the cushions where she felt the snake wriggling around She screamed and fainted the snake rushed back under the sofa The neighbour seeing her lying there passed out tried to use CPR to revive her The neighbour s wife who had just returned from shopping at the grocery store saw her husband s mouth on the woman s mouth and slammed her husband in the back of the head with a bag of canned goods knocking him out and cutting his scalp to a point where it needed stitches The noise woke the woman from her dead faint and she saw her neighbour lying on the floor with his wife bendin
4. expiring The first business name The new national business names registration service is administered and managed by the Australian Securities and Investments mi ASIC renewal notice will be sent to SISIN SO the business address transferred New businesses need to obtain to ASIC from the state or territory an Australian Business Number register ABN before they can register a eduin 00 18 If your renewal date fell on 29 May 2012 or shortly after you Existing state and territory business may be sent a renewal notice name registrations have been Up to 2 3 months after the date automatically transferred to ASIC s the business name registration national register ASIC will contact expires A business name will business name holders when it is not be cancelled until after the time to renew their national business extended due date provided on name the renewal notice If the renewal of your existing More Information business name was due on or before 28 May 2012 you need to Ph 1300 300 630 renew your business name WWW ASIC QOV dQU Your business name may not be registered with the state body and hence would not have automatically transferred to the national system ACSIS NEWS Spring 2012 www acsis com au 5 Features Notes amp Administrative Procedures Are Fundamentally Important Kevin Gibbons highlights the importance of proper administrative procedures for minimising the legal liability for malpractice
5. on his Facebook account and had no reason to believe that his comments could be viewed by people other than his friends the managers were not Mr Stutsel s Facebook friends Fair Work Australia accepted Mr Stutsel s belief that his Facebook account was private and accepted that he did not intend the comments to be hurtful as he did not expect them to be read by the manager Commissioner Roberts appeared to take the view that a Facebook page was different in character to a web blog which is intended to be on public display and is more akin to a group of friends letting off steam and trying to outdo one another in being outrageous it has much of the flavour of a conversation in a pub or cafe although conducted in an electronic format When considering whether Mr Stutsel s conduct amounted to serious misconduct Commissioner Roberts noted with dissatisfaction that Linfox did not have a policy relating to the use of social media by its employees he said in the current electronic age this is not sufficient and many large companies have published detailed social media policies and take pains to acquaint their employees with those policies Linfox did not Linfox was ordered to reinstate Mr Stutsel and pay his lost wages The characterisation of Facebook comments in this decision is somewhat more generous than the manner in which they were characterised in the Allergy Pathway decision however t
6. 2 9449 2631 JE John Goodwin QLD Ph 61 7 3848 7494 Sharyn Attenborough Claims Manager Indemnity Corporation Ph 1800 133 100 ACSIS Events Congratulations RMIT Student Awards ACSIS Ltd congratulates the winners for best student project relating to Practical Risk Management Jamie Ollerenshaw and Blair Dawes were presented with their award at the RMIT Geospatial Student Dinner on 23 August 2012 A copy of Jamie s project can be found on the ACSIS Ltd website SSSI Land Surveying Comission National Conference ACSIS Ltd also congratulates Lindsay Perry the winner of the Kindle e reader as well as Zia Kadour and Leigh Barry winners of an iPad each More Information ACSIS Ltd Ph 02 4952 5544 E management acsis com au ACSIS NEWS Spring 2012 www acsis com au 19 Products in Focus CSIS DID YOU KNOW that ACSIS Plus is now available to ALL member firms of ACSIS Ltd free of charge THAT S RIGHT why not take advantage of the extensive services provided by specialists ACSIS Plus can provide access fo e Legal advice e Financial advice e Accounting advice e Debt collection e IT amp support advice e Library of HR documents amp templates e Purchasing benefits that can be used by both principals and staff HOW TO ACCESS THESE SERVICES 1 Go to www acsis com au 2 Login with your username and password Contact ACSIS Ltd if you do not have these details 3 Click on ACSIS Plus
7. As the exchange of electronic information becomes ever more prevalent within the surveying and development industry it isimportant that the Surveyor be able to verify whether an electronic work be it a document plan or other image is his her own work or has been altered from the state in which it was initially released e Forhard copy documents this measure is taken with a stamp and or signature but for electronic information there is currently no set easily implementable method for providing amp verifying this signature e ACSIS Ltd realised the need for such a system amp brings to their members an easy straightforward solution that will allow electronic fingerprints of all incoming amp outgoing files to be taken meanwhile keeping a meticulous log of these fingerprints This will in turn assist ACSIS Ltd members in strengthening their G A systems as far as electronic files are concerned ACSIS Ltd File Fingerprinting e ACSIS Ltd is proud to support File Fingerprinting a cutting edge software development free for all ACSIS Ltd members ACSIS LTD FILE FINGERPRINTER v1 0 This simple intuitive software integrates seamlessly with your current day to day work practice amp only takes a few seconds to log a File Fingerprint whenever the need arises File Fingerprinter sits in the Windows system tray out of the way When you need to log an incoming outgoing or newly created file sim
8. Logger was developed for the benefit of ACSIS Ltd members and the surveying and spatial information community at large As the name suggests its purpose Is to facilitate a more automatic and intuitive method of logging incoming and outgoing phone correspondence in lieu of the various manual methods that are so often put to use The idea for the software arrived when ACSIS Ltd learned that many professionals are required to keep records of phone correspondence for legal purposes pertaining to potential professional indemnity claims Designed to fit simply and comfortably into the daily workflow of the surveying professional the software resides as an icon in the Windows system tray at the bottom of the screen near the clock and usage is as simple as clicking the icon and entering or retrieving a logged phone message Both searching and reporting functionality exist within the software That is if a claim requires all details of phone calls between two parties over say the last two years this information can be assembled displayed and emailed printed within a matter of seconds compare this to the case where a manual system is Actor REOURED POE VvEl Lash Colam Ber Footer Gece F nguson Ban Foss used whereby it would then be necessary to go back through physical files and diaries to collate the required information Running on Windows 7 Vista or XP Office Phone Logger v2 2 is the most r
9. and postcode ACSIS NEWS Spring 2012 www acsis com au 17 Awards Sponsorship ACSIS Ltd continues its tradition of supporting the surveying profession through a number of sponsorships One of our major contributions is the Gold Sponsorship of the NSW Excellence in Surveying and Spatial Information Awards 2012 The Excellence in Surveying and Spatial Information Awards enable the industry to celebrate the achievements of some of the finest professionals and organisations in the country 4 8 at ba 1 The gala dinner and awards presentation Is held each year in the Sydney CBD and includes entertainment into the night fu n Oy eet B a yh a Date 22 September 2012 More Information ACSIS Ltd Ph 02 4952 5544 E management acsis com au New ACSIS Members ary te 4 Raso Consulting Surveyors Maithew Trotter PO Box 903 79 Eleventh Ave Wonthaggi VIC 3995 Kedron QLD 4031 M David Raso 0403 668 085 P 0404 839 275 E drsurveys yahoo com au E matttrotter hotmail com Ath Surveying Pty Ltd 493 Stockleigh Rd Stockleigh QLD 4280 P 0427 815 280 E alexherrmann bigpond com au 18 www acsis com au ACSIS NEWS Spring 2012 Claims Panel Gary Fulle NSW Ph 61 2 9523 2428 Peter Friedmann NSW Ph 61 2 9018 9359 Chris Minchin SA Ph 61 8 8362 4617 Phil O Brien VIC Ph 61 3 9670 8255 Phil Brooker QLD Ph 61 7 5564 2135 Kevin Brown NSW Ph 61
10. have published misleading or deceptive statements on its websites in brochures and on a DVD in relation to its testing for and cure of certain human allergic reactions Allergy Pathway and its sole director were amongst other things ordered to restrain from engaging in similar misleading and deceptive conduct for a period of 3 years From July 2010 Allergy Pathway s clients had to the director s knowledge posted testimonials on Allergy Pathways Twitter pages and Facebook wall The question was whether Allergy Pathway could be held responsible for what was posted by its customers Finkelstein J held that Allergy Pathway became the publisher of the testimonials on its Twitter pages and Facebook wall when it became aware of them and decided not to remove them and therefore was in contempt of the orders made in 2009 Finkelstein J also held the sole director to be knowingly involved in Allergy Pathways conduct and also was in contempt of the orders made in 2009 Allergy Pathway and its director were fined a total of 15 000 ordered to publish corrective advertising on the front counter of each of its clinics its website its Twitter and Facebook pages and to send a letter to each of its customers explaining its actions They were also ordered to pay the ACCC s costs on an indemnity basis The obvious practical lesson to be learnt from this case is that it would be prudent for businesses to have policies in pla
11. Ltd Facilitated Travel Insurance 20 ACSIS Plus Cover Photo Courtesy of Monteath amp Powys www monteathpowys com au Publisher ACSIS LTD lan G Marler Chairman amp General Manager ACSIS Ltd A 6 Wood St Adamstown NSW 2289 P PO BOX 201 Adamstown NSW 2289 Ph 61 2 4952 5544 Fx 61 2 4952 5599 E marler acsis com au Www acsis com au Features Spring 2012 Contents 04 Chairman s Comments 04 Director s Details 05 New National Business Names Register Summary 06 Notes amp Administrative Procedures Are Fundamentally Important 08 Social Media Risks amp Insurance 11 File Fingerprinter 12 Office Phone Logger 13 ACSIS Events 13 ACSIS News Claims Horror Stories 14 A Transposition Error in Setting A Bench Mark for Construction 14 An Error In Setting Out 15 An Error in Converting an Assumed Datum to Australian Height Datum Let s Laugh 16 Grass Snakes Can Be Dangerous ACSIS Products 17 ACSIS Ltd Assists the Public to Find It s Members www surveyingConsultants com au 18 Sponsorship New ACSIS Members 18 Raso Consulting Surveyors Matthew Trotter Ath Surveying Pty Ltd 19 Claims Panel INDEMNITY CORPORATION PTY LTD A Level 1 56 Delhi Rd North Ryde NSW 2113 P T3 Unit 2 3 Julius Av North Ryde NSW 2113 Ph 1800 133 100 Fx 61 2 9034 5596 E acsis acsis com au Relevant Personnel at Indemnity Corporation Can Be Contacted By Email As Follows Jonathan Upton Mana
12. Www ypol com au Most social media sites do have terms of use in which users agree to comply with certain rules of engagement or community standards which are generally aimed at the content of the material published by the user 7A very basic definition of data mining is the retrieval and analysis of data about a user s online behaviour Hashtags are used by Twitter to refer to a topic or company Hashtag hijacking is where Twitter users use the hashtag to comment negatively about a company for example McDonalds initially created a Twitter campaign MeetTheFarmers to promote its support of local produce however later that day rebranded it as McDStories This prompted a viral response of people tweeting about their McDonald horror stories ACCC v Allergy Pathway Pty Limited No 2 2011 FCA 74 2011 FWA 8444 2002 HCA 56 See for example Zippo Manufacturing Company v Zippo Dot Com Inc 952 F Supp 1119 WD Pa 1997 and Barrick Gold Corporation v Lopehandia 2004 O J No 2329 8 In 2010 Nestle faced one such campaign orchestrated by Greenpeace Thousands of protesters left comments on Nestle s Facebook page and via other social media sites about Nestle s use of products that were linked with rainforest destruction The value of Nestle s shares dropped and it ultimately was forced to change its business practices 10 www acsis com au ACSIS NEWS Spring 2012 File Fingerprinter Introduction
13. atory comment occurs in the location that the damage to reputation occurs that is where it is read or downloaded and not the location at which it is published from Similar laws have developed in the USA and Canada Therefore businesses posting items on social media sites in Australia may find themselves defendants to a claim made anywhere in the world for which they may have no cover as a result of jurisdictional exclusion clauses More and more businesses are now considering supplementing their suite of policies with more bespoke policies that will also provide cover for losses arising out of the use of internet and other media platforms While these policies will no doubt overcome jurisdictional exclusions the potential for overlap with existing policies may in turn give rise to double insurance issues A turther interesting issue that may arise is the extent to which consequential losses arising from the use of social media sites will be covered Social media platforms are undoubtedly becoming a powerful tool for communicating with customers and building a profile however the potential exists for social media to be just as powerful at destroying a reputation particularly if your business becomes the victim of a viral campaign against it Many End Notes consequential loss policies are only triggered if the loss arises as a direct result of the physical damage to tangible property Reputational damage ar
14. ce to monitor their social media sites regularly to 8 www acsis com au ACSIS NEWS Spring 2012 ensure that comments posted on them ky third parties are accurate and have in place a policy for the removal or correction of those comments if they are not Certainly if a business becomes aware of third party content on its social media site that is incorrect inappropriate or inaccurate the risk of liability for that publication will be minimised if the decision to remove or clarify the content Is made swiftly Given the finding of this case it is also important that businesses treat their social media sites in the same manner that they would a written publication The same levels of authority and supervision that apply to any written publication should apply to the use of social media sites Glen Stutsel v Linfox Australia Pty Limited Mr Stutsel was a truck driver for Linfox Australia who was terminated following his posting of offensive and racially derogatory comments about certain Linfox managers on his Facebook page Linfox maintained that amongst other things Mr Stutsel had breached implied terms of his employment contract to act in good faith and not take any steps that would cause Linfox damage and breached Linfox s Workplace Diversity policy Mr Stutsel applied to Fair Work Australia alleging unfair dismissal based primarily on the assertion that he believed that he had the maximum security settings
15. e floor levels of the cheapest simplest and quickest residences way to rectify this situation was to demolish the two partially complete buildings and start again ACSIS NEWS Spring 2012 www acsis com au Datum ACSIS Ltd and indemnitylegal have come up with a novel alternate possible solution not requiring demolition This Unfortunately was not acceptable to the claimants This claim is in Court and not yet fully resolved but it is anticipated that settlement costs to the Insurer will be several hundred thousand dollars Grass snakes also known as Garter Snakes Thamnophis Sirtalis can be dangerous Yes grass snakes not rattlesnakes Here s why A couple in Sweetwater Texas had a lot of potted plants During a recent cold spell the wife was bringing a lot of them indoors to protect them from a possible freeze It turned out that a little green grass snake was hidden in one of the plants When it had warmed up it slithered out and the wife saw it go under the sofa Terrified she let out a very loud scream The husband who was taking a shower ran out into the living room naked to see what the problem was She told him there was a snake under the sofa He got down on the floor on his hands and knees to look for it About that time the family dog came and cold nosed him on the behind He thought the snake had bitten him so he screamed and fell over on the floor
16. ecent version of the software available free to ACSIS Ltd members or to members of the general surveying community for a small fee More Information ACSIS Ltd Ph 02 4952 5544 E management Qacsis com aqu 12 www acsis com au ACSIS NEWS Spring 2012 ACSIS Events Risk Management Events Sam and Samantha Seminars Sam and Samantha have been on the road again Firstly ACSIS Ltd went to Melbourne to hold a Seminar at the SSSI Land Surveying commission National Conference on Thursday 19 April 2012 This was followed by a Sam and Samantha seminar held at Kurri Kurri in the Hunter Valley on Friday 25 May 2012 organised by the Hunter Manning Group of The Institution of Surveyors NSW ACSIS Ltd was also invited to present a Risk Management Seminar to students at RMIT Melbourne on 23 August 2012 This was followed by a student dinner on the Thursday evening at which ACSIS Ltd presented prizes to winning students for their risk management projects More Information ACSIS Ltd Ph 02 4952 5544 E management acsis com au PI Renewal amp Audits Whilst renewal of your PI Policy is still some way off first renewals are due March 2013 it will soon be time to focus on our Audit program In order to avoid the Christmas break and allow sufficient time to process results and conduct field audits the Audit program will have to be carried out towards the end of 2012 More information on the Audit program
17. ed the inaugural presentation of the lan Marler Award humbly named after yours truly Jamie Ollerenshaw took out our major award of 5 000 and Blair Dawes was runner up with a 1 000 award Congratulations to both students and RMIT and Prof Mark Shortis for embracing practical risk management as applying to surveyors The new ACSIS Ltd website www surveyingConsultants com dau provides an additional method for the public to find surveying and spatial professionals and is searchable by name state and postcode This website provides members with a website link email address and company information Regards lan Marler Chairman amp General Manager E marler acsis com au Board Members Director s Details lt lan G Marler Phil Brooker Chairman NSW Vice Chairman QLD Ph 61 2 4952 5544 Ph 61 7 5564 2135 Russell Christofis Peter Friedmann OLD NSW Ph 61 7 3368 1234 Ph 61 2 9018 9359 Peter Tyrrell VIC Ph 61 3 9331 4266 Jonathan Upton Indemnity Corporation Insurance Broker Ph 1800 133 100 a Lm Candy Woods Indemnity Corporation ACSIS Ltd Account Broker Ph 1800 133 100 4 www acsis com au ACSIS NEWS Spring 2012 Edrick Delfos WA Ph 61 8 9921 3111 John Bested SA Ph 61 8 8332 7111 Val Croft Minutes Secretary Consultant to Board Ph 61 3 9583 3347 Sharyn Attenborough Indemnity Corporation ACSIS Ltd Account Manager amp Claim
18. g over him so she assumed that the snake had bitten him She went to the kitchen and got a small bottle of whiskey and began pouring it down the man s throat By now the police had arrived Breathe here They saw the unconscious man smelled the whiskey and assumed that a drunken fight had occurred They were about to arrest them alll when the women tried to explain how it all happened over a little grass snake The police called an ambulance which took away the neighbour and his sobbing wife Now the little snake again crawled out from under the sofa and one of the policemen drew his gun and fired at it He missed the snake and hit the leg of the end table The table fell over the lamp on it shattered and as the bulb broke it started a fire in the drapes The other policeman tried to beat out the flames and fell through the window into the yard on top of the family dog who startled jumped out and raced into the street where an oncoming car swerved to avoid it and smashed into the parked police car Meanwhile neighbours saw the burning drapes and called in the fire department The firemen had started raising the fire ladder when they were halfway down the street The rising ladder tore out the overhead wires put out the power and disconnected the telephones in a ten square city block area but they did get the house fire out Time passed Both men were discharged from the hospital the house
19. ging Director E juptonaindemnitycorp com au Sharyn Attenborough ACSIS Ltd Account Manager amp Claims Manager E sattenborough indemnitycorp com au Candy Woods ACSIS Ltd Account Broker E cwoods indemnitycorp com au Kelly Stevenson ACSIS Ltd Account Broker E kstevenson indemnitycorp com au Managing Editor Maria Charlton MD MAP MARKETING A Villa Franca 2 Scott St Newcastle NSW 2300 Ph 61 24929 7766 FX t41 2 4929 7827 E maria mapmarketing com au www mapmarketing com au ACSIS NEWS Spring 2012 www acsis com au 3 Chairman s Comments Welcome to the Spring 2012 edition of ACSIS News that features a number of issues that are significant to our members The national registration of business names is of particular importance to members Previously business name registrations were made on a state basis and undertaken by a number of state regulatory bodies As at 28 May 2012 businesses registrations were transferred to the national ASIC register Julie Somerville and Kathryn Rigby of Yeldham Price O Brien Lusk YPOL present an informative discussion on insurance and other risks of social media marketing On Thursday 23 August had the pleasure of presenting a Risk Management Seminar to some 40 students at RMIT in Melbourne This was followed on the Thursday evening by attendance aft the Annual Students Award Dinner This event held a special significance for both ACSIS Ltd and myself as it includ
20. he lesson to be learned is the same Businesses now need to have in place firm policies relating to the use and monitoring of social media sites The failure to have those policies in place may well result in a finding against the business Regulatory Investigations amp Prosecutions Regulatory bodies are also increasing their focus on the use of social media as a way of communicating with customers and marketing products In February 2012 the Australian Securities and Investments Commission released Regulatory Guide 234 which provides good practice guidance for the advertising of financial products and services ASIC emphasises that the advertising of financial products should give a balanced message about the returns benefits and risks of a financial product The ability to do that in the informal and condensed medium of Facebook posts or Tweets may be somewhat of a challenge however ASIC indicates that those physical limitations will not be an excuse for producing an advertisement that might mislead RG 234 118 states that promoters should consider the overall impression created by the advertisement when viewed for the first time Promoters should carefully consider the appropriateness of some new media channels if content limitations mean that there is Insufficient soace to provide balanced information The indications are that ASIC will continue to maintain a close watch on internet advertisi
21. ising out of social media campaigns against your business may not trigger such policies The law relating to the use of social media by businesses is relatively undeveloped and therefore the resoonse of insurance policies to Its risks Is yet to be tested However one thing that is certain is that it will be important for businesses brokers and insurers to watch closely the manner in which technology is changing the way business is conducted and regularly assess how existing policy wordings respond to its unique potential first and third party exposures Kathryn Rigney is a Director of Yeldhan Price O Brien Lusk YPOL She has significant experience in providing advice on corporate and regulatory matters in particular to the insurance and reinsurance sector Kathryn also advises insurers in relation to coverage Issues and the defence of a range of financial lines claims including professional indemnity Julie Somerville is a Senior Associate at YPOL She has been practising in insurance and commercial litigation for over 16 years and advises insurers and professionals on all aspects of insurance litigation and risk management She has significant experience in defending claims against professionals in the Supreme Court of New South Wales and the Federal Court of Australia More Information Kathryn Rigney Ph 02 9231 7027 E krigney ypol com au Julie Somerville P 02 9231 7019 E jsomervilledypol com au
22. ne of the control points coordinates was incorrectly set and was 5m out in one direction The result of this was that the 18 piers were 5m out of position To rectify this piers had to be redesigned Some of the incorrect piers were able to be used but the majority had to be demolished to below footing level and 14 new piers had to be reinstalled It is anticipated that settlement costs of this matter to the Insurer will be several hundred thousand dollars 14 www acsis com au ACSIS NEWS Spring 2012 Claims Horror Stories 00 i j yy E F VIN Biss ee i N ul i An Error in Converting an Assumed Datum to Australian Height A Surveyor was instructed to carry The buildings were two thirds or more out a detailed topographical complete when it was discovered survey of a large flood prone single that the value of the Bench Mark was block of land for the purposes of incorrectly noted and that because designing two dwellings on it of that the two building s floors were l constructed approximately 700mm The site levels were related to an lower than as approved assumed datum The surveyors were later instructed to convert Council refused to allow the the assumed datum to Australian occupation of the buildings with the Height Datum An error was made floors being lower than the predicted in the conversion flood level The builder used the Bench The claimants maintain that the Mark to set th
23. ng of financial products and services All financial service providers will need to review their current advertising to ensure that it complies with RG 234 and would do well to include in that review the manner in which their social media sites are used to transmit information about their products and services A Few Coverage Issues The exposures that may arise out of social media sites can be both first and third party losses Many first and third party losses that arise out of the use of social media sites will be covered by existing professional indemnity directors and officers and employment practices liability policies This is because the trigger for these policies is generally quite broad and is activated when a claim is made by a third party arising from the performance of defined professional services or the conduct of the insured s professional business However a potentially significant limitation of such policies may be jurisdictional exclusions or limits Many Australian businesses will hold policies that exclude liability for any claim made in or determined pursuant to the laws of the USA or Canada Given the very nature of social media comments advertisements or other commentary published on the internet will have a global reach ACSIS NEWS Spring 2012 www acsis com au 9 In Australia since at least the High Court case of Dow Jones v Gutnick it is accepted that the publication of a defam
24. ply click once on the program s icon then drag the relevant file into the software s Drop Zone From there you can choose to simply log the file or to send the file as an email attachment to another party It s that simple The process is extremely quick amp easy otherwise no one would use It Each File Fingerprint is comprised of two unique codes an MD5 code amp an SHA 1 code both of which are proven standards in file verification algorithms These two codes are unique to every different file amp will only change when the content of the relevant file changes You can copy amp paste zip amp unzip burn amp email a file as many times as you like you can even rename the file but the file s Fingerprint will never change However as soon as someone makes even the smallest change to the actual contents of the file the file s fingerprint will become different amp it will be obvious that some tampering has taken place 7008 ACSIS LTD Enquines contact ACSS 02 4952 5544 An Online Solution e File Fingerprinter has also been written with online data storage in mind the software automatically gives you the option to log your file information in an online database every time you log or send a file System Reguirements ACSIS Ltd File Fingerprinter has been developed to run on any recent PC recommended min 1GB RAM 1 GHz processor running Windows 7 Vista or XP Where to f
25. rom here All ACSIS Ltd members are entitled to the following e CD containing software amp electronic user manual e Quick setup guide e Free postage amp packaging More Information ACSIS Ltd Ph 02 4952 5544 E management acsis com du ACSIS NEWS Spring 2012 www acsis com au 11 103 2009 12 53 42 AM Hamilton tae PUEN caga raa jo Ben Porter Justinan Em eet teil Sube Caled rapidne quote kor Peace Boigrern bummaess Garda ard aset Olfica Phone Logger Repost Fyles lt Pty Lad Sauda 27 Febeumy 2009 Saturday 7 Mach 2009 reom cal hem Bsuce Borgesin Skit Sketcher Lid pix 00 4345 6287 Humana lt Accdiqn i amsjuniami Company E jie pedir hia cia a ata ae at ae coe Dubas E Ollice Phone Loger Fylesoli Pty Lid Fis Edi Tool Help Fia Ral a Al Calls Diaki san anan Bacana Office Phone Logger gt Te Saturday OF 03 2005 m vi HI 07 00 2008 5 Came Eda Samana Chunk Facawedby Caisa Ph RET compere imin Subset Called angarding quote tee Bruce Korren meen Pesos cal Edna io condom thal we ar erly quai on weak kor Bruce s revderes end att werk well ne ercvoech Pia t cad E dia 16 Corvin that vai aie ond Quoting on work for Bnuce i masvdercen and i t then Aecerend by r sad week yall not encroach ondo hei premive Message m WAS 20648 PH Hamilton trot Nee Mersage Test Saa Office Phone Logger ACSIS Ltd Office Phone
26. s Manager Ph 1800 133 100 Kelly Stevenson Indemnity Corporation Account Broker Ph 1800 133 100 New National Business we lt Names Register Summary Prior to 28 May 2012 businesses were registered it by state regulatory authorities Now the national Be a ASIC business register makes registrations more AT E S convenient and Australia wide oe g gt i md i Eli yr A new national business names If this happens you will need to an P lt A registration service commenced on reapply for your former business NT 28 May 2012 replacing the state name under the new national N di A and territory services arrangements with ASIC ASIC Ae A will treat your application as a t ite m Previously businesses were required new application and there is y N J love Cn EK if they no guarantee the name will be O g ja a wished to own their business name registered if someone else has AN 5 In every Australian state the same or similar name already at Now businesses only need to register oo on the national l or renew their name once with the SAS single national register and pay a If your business name was single fee registered before 28 May 2012 you do not need to do anything Until it is time to renew your business name This initiative will reduce red tape save time and cut costs for businesses ASIC will notify businesses up to two months in advance of a business name registration
27. t a grade of 1 in water charged ground The surveyor was instructed to setout certain control points along the line Because of site constraints construction of the pipe was carried out from both ends towards the middle and from the middle towards the ends The construction was interrupted for some time and prior to resumption of work the surveyor was instructed to check all the control points The surveyor found that alll control points except one were right One of the points was disturbed He placed another point approximately a meter away from the disturbed one and levelled the new point He then wrote the level of the point on the stake beside the point Unfortunately he wrote the level of the original point on the stake and not the level of the new station The difference was 70mm in height The error was discovered when the inverts of the pipes did not match at one of the pits The result was that 900m of pipe had to be removed and relaid An Error in Setting Out A Surveyor was instructed to setout 18 piles for a transfer house for a new conveyor system on a large site with the transfer house being some 200 metres or more away from any other structure The piles are bored concrete piers reinforced with steel cages They are 900 to 1200mm in diameter and their depths are between ten and more than 20m deep The Surveyor calculated the pier locations and uploaded these into his theodolite Unfortunately o
28. tend the practice The doctor who received the Facts of the Case results updated the records of the In 1999 the patient attended a practice but did not specifically medical centre At that time she refer to the recommendation that provided her residential details the HIV test be redone A number of years later she attended again but by then she 6 www acsis com au ACSIS NEWS Spring 2012 When the patient attended next she of course had not received the letter and on this occasion saw a different doctor Because that doctor did not delve far enough into the records of the practice he did not specifically learn that there had been a recommendation that the HIV test be redone He erroneously informed the patient that her tests were negative for sexually transmitted diseases Shortly after and solely because of that information the patient had Unprotected sex with a person who contracted HIV The only source of HIV was from the patient The person who contracted the virus sued practitioners concerned and the practice for its failure to conform to all of the relevant administrative procedures including the updating of contact records and the failure to delve deeply enough into the pathology results All of the participants were rendered legally liable for their respective faults Implications for Surveyors While the case is probably an extreme case which probably has no practical connection to surveyors it is a
29. then follow the links to your specific enquiry You will be given the option to download information directly or you will be given a phone number email contact for your enquiry Conditions may apply REMEMBER THERE IS MORE TO ACSIS LTD THAN INSURANCE THERE IS MORE TO INSURANCE THAN THE PRICE ACSIS Ltd Ph 61 0 2 4952 5544 E management acsis com au www acsis com au ACSIS LID Facilitating Insurance and Financial Products for the Spatial Information Industry
30. timely reminder and warning that administrative practises when created are intended to be followed In the area of HIV medical practitioners are required to conform to complex administrative tasks albeit of a routine nature Surveyors like other professionals often have imposed on them serious administrative obligations which are intended to be conformed with and failure to comply could like the doctors in the HIV case expose them fo risk of civil liability About Kevin Gibbons Kevin is the principal of indemnitylegal and has over 30 years experience in insurance law and is an accredited mediator 4 Kevin Gibbons Ph 02 9034 5577 E kgibbons indemnitylegal com au Www indemnitycorp com au ACSIS NEWS Spring 2012 www acsis com au 7 Features A A Social Media Risks amp Insurance By Julie Somervile amp Kathryn Rigby Social media enables businesses and individuals to communicate share information and interact in a seemingly informal way This article discusses some of the risks and insurance issues that can arise out of this increasingly popular technology Most businesses now utilise the internet in some aspect of their day to day business whether it be through the maintenance of a website e commerce or storing business records electronically However more and more businesses integrate the use of social media sites such as Facebook Twitter or Linkedln into the way in which the
31. was repaired the dog came home the police acquired a new car and all was right with their world A while later they were watching TV and the weatherman announced a cold snap for that night The wife asked her husband if he thought they should bring in their plants for the night And that s when he shot her Do we need a surveyor to survey the crime scene www experienceproject com 16 www acsis com au ACSIS NEWS Spring 2012 ACSIS Products i Sea ee v k w f L O TADAS CTO mhemm urveyvingConsultants com au 8 a kojlt ll n Lurarj on Puura Find a Surveyor ACSIS Ltd Assists the Public to Find It s Members www surveyingConsultants com au Potential clients now have an Basic contact details of the firm To add or correct your listing additional method of searching will be available and members information login to your member for a Survey firm via the new may add additional information account at www acsis com au ACSIS Ltd initiative l and click the Website amp Email SurveyingConsultants com au Email addresses at Services link SurveyingConsultants com au This facility will allow ACSIS Ltd to are also available for any firm or More information host a mini web page for every individual if required member with a link to the firm s l l ACSIS Ltd own website if applicable The new directory is searchable by Ph 02 4952 5544 the public under firm name state E management acsis com au
32. will be circulated close to the event Remember the purposes of the ACSIS Ltd Audits are 1 To ensure firms maintain an acceptable level of proficiency in both work amp risk management procedures 2 To qualify for a discount of up to 10 off their Base PI Premium at renewal time If you participated in a previous Audit and obtained a discount you will need to participate again and gain a satisfactory score in order to keep a PI discount If you have not participated previously and would like to do so this year and possibly qualify for a discount you are welcome fo apply More Information ACSIS Ltd Ph 02 4952 5544 E management acsis com au Call For Board Nominations In accordance with the ACSIS Ltd Constitution the following 3 Directors retire at the AGM in November 2012 lan George Marler Peter Gabriel Friedmann and Peter Tyrrell All have indicated their willingness to stand for re election Any member firm is entitled to nominate a representative for election to the Board Nomination forms are available from ACSIS Ltd and should be completed and returned by Monday 29 October 2012 More Information ACSIS Ltd Ph 02 4952 5544 E management acsis com au ACSIS NEWS Spring 2012 www acsis com au 13 Claims Horror Stories A Transposition Error in Setting a Bench Mark for Construction This concerns 1400m of 1m diameter sewer trunk main being laid approximately 2m deep a
33. y communicate with their customers market their services and build their brand At a basic level social media is a type of internet or mobile based application or site that enables users to communicate share information and interact with one another online At its core is the ability for a user fo Communicate with others in a seemingly informal manner On Facebook users can post comments republish articles and upload photos on almost any topic without regulation Twitter which is an instant messaging system in which users send messages to their followers of Up to 140 characters in length Is by its very nature even more informal However this informal user generated manner of communicating comes with legal risks that many businesses are only now starting to appreciate The risks are wide ranging and can arise out of for example e Trade Practices Act Australian Consumer Law breaches e Workplace claims such as harassment bullying discrimination or unfair dismissal e Defamation e Breaches of intellectual property confidentiality amp privacy obligations Regulatory investigations amp or prosecutions e Data mining e Hashtag hijacking ACCC v Allergy Pathway Pty Limited In 2011 the Federal Court of Australia held a company Allergy Pathway and its sole director to be responsible for certain comments published on its Twitter pages and Facebook wall In 2009 Allergy Pathway was found to
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