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LEGAL CONSEQUENCES John Mullins 03/09/20141. POTENTIAL LIABILITIES IN SPORT Torts Law – negligence Contract law Statutory obligation - workplace health.

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Presentation on theme: "LEGAL CONSEQUENCES John Mullins 03/09/20141. POTENTIAL LIABILITIES IN SPORT Torts Law – negligence Contract law Statutory obligation - workplace health."— Presentation transcript:

1 LEGAL CONSEQUENCES John Mullins 03/09/20141

2 POTENTIAL LIABILITIES IN SPORT Torts Law – negligence Contract law Statutory obligation - workplace health & safety - director’s duties

3 NEGLIGENCE Duty of care Breach of duty Causation Damages not too remove

4 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

5 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

6 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

7 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

8 GOOD GOVERNANCE START Constitution By-laws Policies and procedures Director training Director induction Director information kit Financial reporting

9 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

10 BUSINESS STRUCTURE Sole trader Partnership Company Trust

11 DIRECTORS LIABILITIES Insolvent trading Negligence Workplace health and safety Statutory breaches

12 WORKPLACE HEALTH & SAFETY Statutory compliance Common sense Record keeping

13 CONTRACTING -v- EMPLOYMENT Sham contractor arrangements WorkCover PAYG

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

15 INSURANCE General public liability insurance Directors and officers insurance and indemnity


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