Trip Leader and Club Member Liability

As advised by ARC legal; UNSWOC is a volunteer organisation, which means everyone (including trip attendees) accepts his or her own risks. Essentially we are a bunch of friends undertaking (controlled) risky activities. A trip leader, as a volunteer, acting in good faith and within the rules of the club, is not legally liable for an act or omission on a trip (Civil liability act section 61 http://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/ ).

It is important to note though, YOU ARE STILL LIABLE:

  • If you are found to be negligent
  • Like you normally would be with a bunch of friends, Negligence, willful negligence, damage (so you’re liable if you push someone over and they break their foot, or your really stupid and put someone in danger)
  • If you act outside the rules of the organisation (Sect 64)
  • If you perform a criminal act (Sect 62)
  • In cases involving motor accidents
  • If insurance is required by the state to perform activity. (Sect 65)

 

However, this by no extent of the imagination means that every club member should not do their absolute best to make every trip and event as safe as possible for themselves and everyone around them!