National Scheme
Public Liability Insurance
30.07.2006: The following information
is subject to change without notice. It was written for earlier
policies, and will be revised soon. Read the
policy document for clarification.
Any sensible sporting association covers itself with public liability
insurance. This is needed to protect the various committee members
and administrative personnel from third party claims resulting from
negligence. The scope of our current insurance package includes
all members of its affiliated clubs around Australia in the one
scheme. Sailors, social members, committee members and volunteers
are all given protection against third party claims. The real benefit
of the scheme is that with everyone at an event covered there is
no risk that gaps can suddenly appear in the cover if a claim is
made.
The policy is strictly third party/public liability and does not
cover competitors or officials for injuries they cause to themselves
or their own property. It does, however, cover them when they injure
someone else or damage someone else's property. The cover is not
restricted to organised or sanctioned events. It is available to
members 24 hours a day and, in some cases, covers sailing overseas.
Clubs around Australia have been quick to recognise this as an ideal
way to offer their members something in return for their membership
fees, as well as a way of attracting new members.
Do you need any more reason to join a windsurfing club?
Procedural Notes
FOR USE BY CLUBS, ASSOCIATIONS AND EVENT ORGANISERS FOR THE ADMINISTRATION
OF THE INSURANCE SCHEME.
The Insurance Policy has been designed
to provide financial members of boardsailing Clubs or Associations
affiliated with the Australian Windsurfing Association Inc. protection
from legal liability claims made by the public for injury
to their person or damage to their property as a result of a member's
negligence. Members are covered regardless of whether their involvement
is competitive, recreational, social or administrative. Member to
Member risk is subject to the wording of the policy (this risk is
usually excluded).
However, the effectiveness of this Policy, particularly with regards
to organised events, is seriously jeopardised when people who are
not members of a Club or Association affiliated with AWA are allowed
to participate. Should this happen, then by simply excluding these
people from participation does not provide an acceptable solution
especially when the people concerned are visiting international
sailors or represent potential new Club members.
However, there is a simple answer to the problem. By arrangement
with the Insurance Company, participants who are not members will
be afforded protection by the policy as long as they are granted
'honorary membership' by the Club concerned. It is essential that
this fact is recorded on the Club's membership register and the
appropriate premium levy paid in due course. It is also essential
that membership registers are maintained in such a fashion as to
leave no doubt whatsoever as to a member's membership status in
the event of a claim being made. Whether the Club elects to collect
the levy from those involved or pay it directly is a matter for
that Club to decide. It is also a matter for the Club to decide
whether 'honorary membership' applies only for the duration of the
event involved. Obviously it is important not to create a situation
whereby Club members come to regard 'honorary membership' as being
a better financial proposition than ordinary membership. This would
be discouraged and indeed membership benefits could be enhanced,
if the non-members were charged the insurance levy for each and
every time they participated in an event. Should this be the case,
only one levy per non-member would be expected to be paid to the
Insurance Company each year.
In the case of 'learn to sail' or 'come and try' type activities
designed essentially to recruit new members and/or promote the sport
and which are conducted by Club or Association members using equipment
owned by the members then there is no requirement on the Insurance
Company's part for the participants involved to become 'honorary
members' in order to be covered by the policy.
It is of the utmost importance and must be clearly understood by
Club officials and those responsible for conducting regattas and
other Club activities that by following these simple procedures
the Insurance Scheme will provide the protection intended - by doing
otherwise, this may not be the case.

