Public Liability for Not for Profit Organisations

Public liability insurance protects your incorporated association if a person is injured, or their property is damaged, due to an incident on the incorporated association´s property or due to the incorporated association´s actions.

Public liability insurance is compulsory if your incorporated association owns or leases land, or holds land in trust.

Your incorporated association´s management committee must assess the need for insurance and decide how much insurance it needs, if any.

Your management committee is legally required to:
•review insurance requirements each year and report the results at the annual general meeting
•tell members the risks if no public liability insurance is taken out
•tell people applying to be members, and nominees for election to the management committee, whether your incorporated association has public liability insurance and how much coverage it has
•tell any person or entity who your incorporated association deals with if it does not have public liability insurance.
If your incorporated association decides not to take out adequate public liability insurance, you need to be aware of the risks, including that:
•businesses may refuse to deal with your incorporated association
•your incorporated association´s assets may be at risk if someone makes a claim.

While the law does give some protection to an incorporated association´s members for liability, this protection may not be absolute. For example, if the incorporated association is found to be negligent in its actions, a court may find it liable. Seek professional advice about your incorporated association´s individual situation and needs.

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