Liability Insurance Taskforce Report

The Queensland Government has implemented a five-phase action plan to assist community groups seeking to obtain
public liability insurance. Information on the liability insurance scheme for not-for-profit organisations, law reform
initiatives, stamp duty relief, risk management support, and the Liability Insurance Taskforce Report can be found on the Queensland Treasury website.  See the Public Liability insurance page.

CPNS Papers, Information Sheets, Resources relevant to liability and risk management

CPNS Working Papers relevant to liability and risk management:

• Civil Liability Reform and Volunteer Protection in Queensland. David Muir, John Devereux, Paul Telford and Myles McGregor–Lowndes. CPNS Working Paper 18.
• Recent Developments in the Liability of Directors and Committee Members of Nonprofit Associations. Sievers, A.S. (revised to 1995) PONC Working Paper 7
• Facing up to the Liabilities of Nonprofit Enterprise. McGregor–Lowndes, Myles.
• Nonprofit Directors’ and Officers' Insurance (1995). Waller, Mark.PONC Working Paper 12.
• A Strategy to Minimise and Finance Liabilities (1992). McGregor–Lowndes, Myles. PONC Working Paper 11

CPNS Current Issues Information Sheets

• South Australian Volunteer Protection Legislation (PDF, 47kB)
• Queensland Volunteer Protection Legislation (PDF, 53kB)
• The Insurance Crisis (PDF, 48kB)
• CPNS Risk Management Bibliography of Resources (Word, 89kB)
  – a bibliography of risk management publications relevant to nonprofit organisations.

CPNS article: "Cutting the Risks" (PDF, 13kB)

Our one day seminar Civil Liability Solutions for Nonprofits on 12 May 2003 featured discussion of risk management, volunteer protection and other civil liability issues. Our Key Note speaker was Melanie Herman from the Nonprofit Risk Management Centre in Washington, D.C.

Download presentations from some of our speakers:

Melanie Herman: ’Lessons from America: How nonprofits have dealt with the Civil Liability Crisis’ (PowerPoint, 12,372kB)

Myles McGregor-Lowndes: ’Civil Liability Act Volunteer Protection Provisions’ (PowerPoint, 59kB)

Paul Telford: ’Civil Liability Act 2003 (Qld) and The Changing Law of Negligence’ (PowerPoint, 594kB)

Inquiry into the impact of public liability and professional indemnity insurance cost insurances

This is the report of the Federal Parliament’s Economics Committee. It includes references to the insurance and civil liability difficulties of nonprofit organisations.

Our Community

The Our Community website has fact sheets about risk management and insurance. It has details on the Australian Community Group Insurance Scheme and other bulk buying insurance schemes in each State and Territory.

Also see...

• National Safety Council
• Volunteering Australia’s guide book: ’Running the Risk: Risk Management Tool for Volunteer Involving Organisations’’.
• Arthur J. Gallagher & Co brokers and risk managers.
• Queensland Government Risk Management website.
• David Muir’s article on Golfing and Civil Liability Act 2003 (PDF, 93kB)
• NCOSS (Council of Social Service of NSW) Insurance Project
• Brisbane City Council ’Our Brisbane’ risk resources for community groups
• Treasury Board of Canada ’Integrated Risk Management Manual’

Summary of Volunteer Protection Legislation and resources for nonprofit organisations by jurisdiction

Australian

Commonwealth

The Review of the Law of Negligence (the Ipp Report) was announced by the Minister for Revenue and Assistant Treasurer on 2 July 2002. The panel was jointly established with the States and Territories - http://revofneg.treasury.gov.au/content/review2.asp

At the second Ministerial Meeting on Public Liability Insurance on 30 May 2002, Ministers agreed, among other issues, to consider state legislation for the protection of volunteers and not-for-profit organisations.

Federal Parliament has passed the Commonwealth Volunteers Protection Act 2003, which protects volunteers working for the Commonwealth from civil liability.

For further information on Commonwealth initiatives refer to the Minister for Revenue, Senator Mal Brough’s website: http://assistant.treasurer.gov.au.

The Federal Parliament is considering the Workplace Relations Amendment (Protection for Emerging Management Volunteers) Bill 2003 to make it unlawful to dismiss an employee who is temporarily absent from work on voluntary emergency management duty. http://www.aph.gov.au

Australian Capital Territory

The Civil Law (Wrongs) Act 2002 provides protection for volunteers and "Good Samaritans". The ACT is establishing a risk advisory service directed at the community, non-profit, sporting and small business sectors. A number of options are being considered for group buying.

Legislation: http://www.legislation.act.gov.au/

New South Wales

New South Wales Parliament enacted the Civil Act 2002 on 20 March 2002.

Stage Two of the NSW Tort Reform took form in the Civil Liability Amendment (Personal Responsibility) Act 2002, which covers protection for volunteers under "Good Samaritan" legislation.

New South Wales has halved the stamp duty on insurance to 5% for premiums paid on or after 4 June 2002 for contracts of insurance or renewals of contracts of insurance that take effect on or after 1 August 2002. New South Wales has provided funding to establish a group–buying and risk management facility for not–for–profit bodies. Legislation: http://www.legislation.nsw.gov.au/.

Northern Territory

The Personal Injuries (Liabilities and Damages) Act includes exempting volunteers from being sued when undertaking work for their volunteer organisation and protection for "Good Samaritans".

The Northern Territory also is facilitating participation of Northern Territory not–for–profit community groups in the Queensland Group Insurance Scheme and has amended the standard insurance requirements in Government contracts.

Legislation: http://notes.nt.gov.au/dcm/legislat/legislat.nsf?OpenDatabase

Queensland

Stage one of Queensland’s tort reform was embodied in the Queensland Personal Injuries Proceedings Act 2002 and was followed by the Civil Liabilities Act 2003. The latter Act includes a level of protection for volunteers from personal civil liability.

Queensland has announced a reduction in stamp duty on public liability insurance premiums for not-for-profit organisations.

Queensland has established a group insurance scheme for not-for-profit organisations. The group insurance scheme commenced operations on 1 September 2002.

Queensland Legislation

• The Personal Injuries Proceedings Act 2002
• The Civil Liability Act 2003

Legislation: http://www.legislation.qld.gov.au

Queensland Government Insurance Crisis for Community Organisations website

• Queensland Government Insurance Task Group Report
• Queensland Government Community Organisations Group Insurance Scheme

See: http://www.treasury.qld.gov.au/subsites/groupinsurance/need_ins_now.htm

Queensland Government Risk Management website

• Assists in basic risk management with an interactive tutorial

See: http://www.riskmanagement.qld.gov.au/

Sport and Recreation – Queensland Government

• Links to sports insurance reports
• Links to sports insurance management

See: http://www.srq.qld.gov.au/

Queensland Government Public Liability Insurance Stamp Duty Concession for Community Organisations

• Fact sheet on insurance stamp duty waiver (PDF 54kb)
• Application form for waiver of stamp duty (PDF 92 kb)

See:http://www.osr.qld.gov.au/taxes/duties/stamp.shtml

The Queensland Government Department of Emergency Services has released its "Review of the State Counter-Disaster Organisation Act 1975 – Discussion Paper". A significant part of the paper deals with volunteer liability issues, see sections 2.4 and 2.5. See: http://www.emergency.qld.gov.au

South Australia

The Wrongs (Liability and Damages for Personal Injury) Amendment Act (which received assent on 12 September 2002 includes the protection of "Good Samaritans". The Volunteer Protection Act 2001 seeks to protect volunteers of government and incorporated bodies from liability for claims. The related Good Samaritans (Limitation of Liability) Act 2002 protects those who come to the aid of a victim in an emergency.

South Australia has conducted risk awareness raising and advisory sessions for volunteer and community groups.

Legislation: http://www.legislation.sa.gov.au/index.aspx

CPNS website information sheet (PDF, )on SA Volunteer Protection

Tasmania

In an April 2003, a press release from the Treasurer and Minister for Employment indicated that legislation to protect volunteers from being sued would be introduced in the 2003 budget session of Parliament.

The Civil Liability Amendment Act 2003 has been enacted and is available for viewing on the Tasmanian legislation website.

Victoria

The Victorian Parliament passed the Wrongs and Other Acts (Public Liability Insurance Reform) Act 2002 which received assent on 22 October 2002 and includes protection of volunteers, "Good Samaritans" and donators of free food.

Victoria has acted on a sector–by–sector basis to assist groups most severely disadvantaged by the lack of availability and increased prices of insurance. Action includes:

• the creation of a group insurance scheme for community organisations
• providing a grant of $330,000 to the Municipal Association of Victoria (MAV) for the development of risk mitigation activities that are linked to the community group insurance scheme.

Legislation: http://www.dms.dpc.vic.gov.au/

Western Australia

Western Australia passed the Civil Liability Act 2002. The Insurance Commission of WA Amendment Act 2002 enables the government’s insurance arm to provide insurance cover to eligible not–for–profit and community organisations who are unable to find relevant, affordable or any cover at all. More details at: http://www.icwa.wa.gov.au/cifund/cif_cif.shtml

The Volunteer (Protection from Liability) Act 2002, provides many volunteers with qualified immunity from personal liability when doing community work. The legislation is not available on the web, but information about the Act is available on the Department of Sport and Recreation website. Legislation: http://www.dsr.wa.gov.au/programs/volunteers/volunteers%20protection%20bill.asp

International

UK

Volunteering England: Risk, risk management and volunteering.

• Getting a Grip: Risk, risk management and volunteering. A review of the literature. By Katharine Gaskin. Available as a word document or a pdf.
• Reasonable Care: Risk, risk management and volunteering in England - Results of surveys of organisations and individuals.  By Katharine Gaskin. Available as a word document or a pdf.

The Charity Commission

The Charity Commission is the prime regulator of nonprofit organisations in England and Wales and its web site has rich materials on many operational issues for charities and community organisations. Two publications are useful for Australian community organisations to consider:

• Charities and Insurance http://www.charity-commission.gov.uk/publications/cc49.asp
• Charities and Risk Management http://www.charity-commission.gov.uk/investigations/charrisk.asp

USA

Nonprofit Risk Management Centre

• one of the richest sites of reliable information for risk management and insurance of nonprofit organisations.
• Risk management on line tutorials
• Large range of publications

http://www.nonprofitrisk.org

Public Entity Risk Institute (PERI)

http://www.riskinstitute.org