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.