03/09/2014 LEGAL CONSEQUENCES John Mullins 1

POTENTIAL LIABILITIES IN SPORT

• Torts Law – negligence • Contract law • Statutory obligation - workplace health & safety director’s duties

NEGLIGENCE

• Duty of care • Breach of duty • Causation • Damages not too remove

LIABILITY IN SPORT CURRENT CASES

• Cases involving failure to provide adequate instruction • Cases involving failure to ensure sports participants have appropriate physical condition • Cases involving supervision • Cases involving facilities/equipment • Cases involving failure to warn

RISK MANAGEMENT IN SPORT

• Safe environment (inspect grounds and equipment) • Activities should be well planned • Evaluate athletes for injury or special medical needs • Athletes should not be mismatched • Advise as to inherent risk

RISK MANAGEMENT IN SPORT

• Supervision • Elementary level of first aid • Keep records all the time • Develop risk management policies and monitor compliance • Properly instruct, demonstrate and train

LIABILITY IN SPORT CURRENT ISSUES

• Exclusion clauses and releases • Child protection - blue cards • Discrimination - gender issues • Contracts with minors • Judiciaries - codes of conduct • Restraint of trade • Privacy

GOOD GOVERNANCE START

• Constitution • By-laws • Policies and procedures • Director training • Director induction • Director information kit • Financial reporting

GOOD GOVERNANCE

• Membership • Board size • Use of committees • Conflicts of interest • Voting and casting votes • The role and authority of the Chairman • Independence of Board members • Transparency and disclosure of information • Process based not people based • Succession planning

BUSINESS STRUCTURE

• Sole trader • Partnership • Company • Trust

DIRECTORS LIABILITIES

• • • • Insolvent trading Negligence Workplace health and safety Statutory breaches

WORKPLACE HEALTH & SAFETY

• • • Statutory compliance Common sense Record keeping

CONTRACTING -v- EMPLOYMENT

• • • Sham contractor arrangements WorkCover PAYG

CONTRACTING

• What is a contract and when do you need one • When don’t you need a contract • When do you need a lawyer

INSURANCE

• General public liability insurance • Directors and officers insurance and indemnity