Under the National Treasury Management Agency (Amendment) Act 2000, the management of personal injury and property damage claims against the State and of the underlying risks was delegated to the NTMA. When performing these functions, the NTMA is known as the State Claims Agency (SCA). In the conduct of elections under the Election Acts, Returning Officers and their staff will be indemnified by the State from all losses, damages, liabilities, costs and expenses arising out of injury to any person or loss or damage of any kind.
The State, its servants and/or agents, will indemnify the owner of the third party premises in respect of any claims for personal injury and third party property damage, arising from the negligence of the State, its servants and/or agents in respect of the use of the third party premises by the State for polling station purposes. This indemnity extends to cover only the negligence of the State, its servants and/or agents, and does not extend to indemnify any third party, its servants and/or agents concerning any negligent act or omission by the latter by reference to Statute or at Common Law. It would be expected that third parties would have adequate public liability insurance in place to cover potential losses associated with their negligence.