Lander & Rogers Lawyers Australian Yachting Federation Risk Management A practical guide for clubs

Lander & Rogers Lawyers Outline –Introduction and Background - Duty of Care –Objectives –What is Risk Management? –This Resource –The Risk Management Process –Risk Management Tables –Developing the Resource

Lander & Rogers Lawyers Introduction –Philosophy –Duty of Care –club and race officials will owe a duty of care to participants in sailing races and activities where there is a reasonably foreseeable risk of harm or injury to participants as a result of their actions –Law requires us to take reasonable steps to reduce the likelihood of injury to participants as a result of those risks which are foreseeable

Lander & Rogers Lawyers Introduction –Objectives –To reduce the incidence of injury to participants, officials and other persons associated with club sailing competitions and activities –To provide a fun, healthy and safe sporting environment for individuals to participate and enjoy the sport of sailing –To minimise potential club liability as a result of poorly managed sailing competitions and activities

Lander & Rogers Lawyers Introduction –What is risk management? –A process of systematically, eliminating or minimising the adverse impact of all activities which may give rise to injurious or dangerous situations –A tool by which yacht clubs can seek to meet their duties and thus minimise liability

Lander & Rogers Lawyers Introduction –Who is responsible for risk management in your club? –Who should be involved in the risk management process? –Which risks need to be managed?

Lander & Rogers Lawyers Risk Management Process –Adapted from the Australian Standard and National Risk Management Guideline –Involves the following steps: –Establishing the Risk Context –Risk Identification –Risk Assessment –Risk Treatment (action plan) –Monitoring and Review –Communication

Lander & Rogers Lawyers Risk Context –The identification, assessment and treatment of risks must occur within your club’s risk context –The aim is to describe the risk environment in which your club is operating –strategic context –organisational context –risk management context

Lander & Rogers Lawyers Risk Identification –Consider –Age and experience of participants –Type of activities conducted –Injury history, previous problems –Operational procedures –Risk Catergories –On-water –Pre & Post Sailing Event / Activity –Environment –Personnel

Lander & Rogers Lawyers Risk Assessment –Each identified risk must be rated according to: –the likelihood of the risk occurring (likelihood) –the loss or damage impact if the risk occurred (severity) –the priority, or degree of urgency required to address the risk (priority)

Lander & Rogers Lawyers Risk Likelihood Scale

Lander & Rogers Lawyers Risk Severity Scale

Lander & Rogers Lawyers Risk Priority Scale

Lander & Rogers Lawyers Risk Treatment –Identifying and testing strategies to manage the risks –Strategies might include policies and procedures –“Brain-storming” and “reality-testing” –Includes: –Resources required –Responsible person(s) –Time-frame for treatment

Lander & Rogers Lawyers Review and Communication –Monitor & Review –review plan at end of season, activity or event –keep records of accidents and effectiveness of strategies –update the plan in line with developments in rules, technology, safety and the law –Communication –all club members and participants must be aware of the plan and their obligations –include in induction programs and briefings

Lander & Rogers Lawyers Conclusion –Risk Management –is a key responsibility of your Club Committee –can result in improved safety for sailors, officials, spectators and members –will enhance compliance with the law, regulations and other formal requirements –promotes better sporting outcomes for administrators and participants