Clubs - FAQ
There is no single place you can go to find
out all the legal issues that may impact on your club, however
the work you will do in risk management will assist you greatly in this area.
Some of the areas to consider are:
- Will the club employ paid staff? –
if yes then www.eric.sa.gov.au will assist you
- Will the club be supplying and/or selling
food? – if yes then www.dh.sa.gov.au will assist you
- Will the club have young people as members
and participants? – if yes then www.playbytherules.net.au will assist you
- Will the club be buying, hiring or leasing
goods or services? – if yes then www.ocba.sa.gov.au provides more information on the Fair Trading Act
It may be wise to seek out some early legal
advice once the club is established on what legal issues need
consideration.
Incorporation
If you are part of a club or considering establishing a club,
you should know about incorporation.
Incorporation is a voluntary, simple and inexpensive
means of establishing a legal entity.
Incorporated Associations:
- Have their own "corporate identity"
- Can sue and be sued
- Can enter into contracts
- Usually have committees to run affairs
- Have documents lodged on a public register
- Are often eligible to apply for grants
In considering whether or not to incorporate
you may wish consider obtaining legal advice. A solicitor
will be able to assist in preparing rules, completing forms
and provide you with advice on these issues.
Check the Office
for Consumer and Business Affairs website for more
information.
Risk Management
One of the key considerations for any club in delivering programs
and services is risk management.
To assist organisations in understanding what
risk management is and how to apply it, the Office for Recreation
and Sport has produced a Risk Management Resource for Recreation
and Sport organisations.
Good risk management practices can also help
organisations focus on opportunities for improvement and enable
them to achieve their aims and objectives.
The resource gives you basic information to
help you understand what you need to do and why to reduce
the likelihood of potential liabilities occurring and limiting
the consequences if they do occur.
The Risk Management Package is available for download here.
Insurance
Insurance is one option for organisations seeking to manage
risk and liability, but it is important to first identify
what sort of insurance you require. This is normally done
via the organisation’s Risk Management Plan.
The ORS is not an insurance broker. It does
not recommend specific products or directly provide insurance,
nor does the State Government. However we are aware of some
opportunities and recommend that you investigate these.
- Affiliation with your State or National Body:
Many state and national sporting bodies are involved in
what are termed ‘Group Insurance’ schemes. These
involve the State or National body negotiating an insurance
package on behalf of all of their members and each affiliated
club is then able to purchase insurance through the scheme.
Operating as a group enables the risks and costs to be shared
and often leads to much lower premiums than if your club
acted solo. In some cases the cost saving may partially
or wholly offset the cost of affiliating with the state
or national body.
To find out more contact the State Association for your
sport or activity.
- Using a facility owned or leased from Local
Government:
Where your club uses a facility located on land either leased
or licensed from a Council, that club may be able to obtain
insurance through the Local Government insurance broker,
Local Government Risk Services.
You should contact Local Government Risk Services on (phone)
08 8235 6444 to see if your situation meets their criteria.
- Local Community Insurance Services, LCIS, is a specialist insurance provider established to manage the insurance needs of clubs and community groups within Australia. Not for profit organisations are eligible if they meet the following criteria:
• Provide services to the broader community
• Have a turnover/funding of up to $5million per annum
• Do not distribute profits to members
• Consist mainly of volunteers.
Find out more and obtain a quote contact LCIS www.localcommunityinsurance.com.au
- Individual Insurance Brokers
There are many insurance brokers in South Australia who
may be able to assist you.
More information on the various types of insurance
available can be obtained from the Insurance Council of Australia, or Office for Volunteers
Please contact us to obtain a copy of a document in an alternative format. |
