1. Lander & Rogers Lawyers Australian Yachting Federation SCORS Report & other initiatives

2. Lander & Rogers Lawyers Introduction –Background to review –Terms of Reference –Methodology –Responses

3. Lander & Rogers Lawyers Summary of Findings –Rates of cover –types of cover –extent of cover –Understanding of insurance –Claims histories and litigation –Risk management –Current investigations, reports and actions

4. Lander & Rogers Lawyers Insurance, Insurers & Brokers –Obligation of brokers & insurers –Recommended minimum cover will be determined by the organisation and its activities but: –Public Liability cover –Professional Indemnity cover and –Directors and Officers Liability cover

5. Lander & Rogers Lawyers Insurance, Insurers & Brokers –Is Sport appropriately covered? –Detail and extent of cover will vary for different organisations –Some S&ROs taking out inappropriate cover due to increased premiums –Majority of S&ROs have recommended minimum insurance cover –The level of protection offered may not be appropriate –More S&ROs will have insufficient insurance cover due to increasing costs

6. Lander & Rogers Lawyers Rising costs of Insurance –The operation of many S&ROs maybe one of the causes of the increases in insurance costs facing S&ROs –Insurers have developed a clearer understanding of the risks involved in indemnifying sport and recreation activities –Insurers will no longer underwrite sport at a loss –Unmeritorious claims/defences increase legislation

7. Lander & Rogers Lawyers Rising costs of Insurance –Factors leading to increased premiums –Financial position of insurers –Insurance trends & extraordinary events –Increased claims –Increased litigation –Insufficient/poor risk management

8. Lander & Rogers Lawyers Risk Management –The law expects S&ROs to develop risk management and loss control programs to ensure a safe environment for participants –Risk management needs to be developed and implemented from national level through to grass roots –Current risk management practices –Expectation on volunteers –Impact on insurance premiums

9. Lander & Rogers Lawyers Potential Solutions - Legislative responses –South Australian Volunteer Protection Act 2001 –Trade Practices Act reform –Reform for “no-win-no-fee” advertising arrangements –Cap on lawyers fees –Caps on damages awards –Unmeritorious claim provisions

10. Lander & Rogers Lawyers Potential Solutions - Legislative responses –Good faith immunities –Legislative risk management –Land owner protection legislation –Legislation alone is not the answer and S&ROs must accept some responsibility –Self insurance and risk retention –pooling and sports insurance schemes –Formalised risk management –Standards

11. Lander & Rogers Lawyers Potential Solutions - non legislative –Systematic education of S&ROs: –Insurance specific –Risk management –Waivers & releases –Governance and –Finance & administration

12. Lander & Rogers Lawyers Conclusion The Australian 26/03/02

13. Lander & Rogers Lawyers Lander and Rogers These notes contain comments of a general nature only and is not intended to be relied upon, not as a substitute for specific professional advice. No responsibility can be accepted by Lander and Rogers or the authors for loss occasioned to any person doing anything as a result of any material in this publication.