Assessment 4: Risk Management Documentation for AFL Clubs

This document is a comprehensive report on risk management for Australian Football League (AFL) clubs, specifically focusing on pre-season camps. It delves into the core principles of risk management, including legal considerations, the risk management process itself (identification, analysis, assessment, treatment, and monitoring), and the importance of insurance coverage through the Australian Football National Risk Protection Program. The report examines critical legal issues like incorporation, constitutions, and negligence, as well as legislative requirements concerning discrimination, harassment, privacy, and child protection. It further explores the practical application of risk management through policies, procedures, waivers, and warnings. The document emphasizes the need for a structured approach to risk management, promoting effective decision-making, high standards of service, and accountability within the AFL club environment. The assignment is based on the risk management documentation for AFL clubs, as outlined by the Australian Football League and the Australian Sports Commission. It is designed to help clubs minimize negative effects and maximize opportunities. The report also emphasizes the role of the risk management officer and the significance of establishing documentation and checklists to support the risk management program.

Club management program
RISK
MANAGEMENT
F O R F O O T B A L L C L U B S

Published by the Australian Football League.
General Manager AFL Game Development: David Matthews
Community Development Manager: Ed Biggs
National Community Relations Coordinator: Kirsten Birch
Content Management: Kirsten Birch
Design and publishing: Roslyn Jeffs – AFL Publishing
Illustrations: Dennis Miller
Printed by: Condor Printing
The Australian Football League acknowledges the signifi cant fi nancial
support from the Australian Sports Commission for this resource.
Some of the information included in this resource has been reproduced or
modifi ed from the resources published by the Australian Sports Commission.
AFL/ASC club development project group:
Ed Biggs, Kirsten Birch, Mick Daniher, Peter Hanlon, Colin Lane, David Matthews,
Mike O’Meara, Graeme Murphy, David Shilbury, Ross Smith, Dean Warren, Lawrie Woodman.
Further acknowledgement to the following for their contribution:
Ross Allen, Eric Bott, Grant Burgess, John Cutler, Peter Di Sisto, Michelle Donat, Cherie Fraser, Quinton Gleeson, Ant
Peter Harley, Rod Hughes, Roslyn Jeffs, Fiona Macmillan, Annette Maher, Shelley Maher, Paul Matton, Peter McDougall
Wes Mudge, Rod Nicholson, Tania O’Day, Adrian Panozzo, Hayden Park, Peter Quigley, Trevor Robertson, Julianne Rose, Kevin
Bernard Slattery, Bruce Stephens, Mark Stone, John Strachan, Steve Teakel, Kathy Tessier, Clare Toia-Bailey, Rob Veale, Bria
Copyright 2004 – Australian Football League
This information has been prepared by and on behalf of the Australian Football League (AFL) for the purpose o
general information. Although the AFL has taken care in its preparation, any person or entity should use this infor
as a guide only and should obtain appropriate professional advice if required. The AFL does not accept any liabil
responsibility for any resulting loss suffered by any reader except where liability cannot be excluded under stat
Club management program

3RISK MANAGEMENT FOR FOOTBALL CLUBS
Welcome to the AFL club
management program
The Australian Football League recognises that club volunteers and administrators make a signifi cant co
Australian Football. It also recognises that the demands on club volunteers and administrators are increa
with the need for clubs to operate in a professional manner.
As a result, the AFL, in conjunction with the Australian Sports Commission, has developed the AFL club m
program aimed at supporting community football through providing an education program for club admin
Community football clubs and leagues form the cornerstone of the AFL game and the support of commun
football is a critical component to the overall success of the competition at all levels.
The AFL club management modules have been developed through extensive consultation with volunteer
administrators and the six modules have been identifi ed as the main priority areas of assistance require
community clubs.
Each module of the AFL club management program has been designed as a stand-alone workshop/ semin
allow for clubs members to attend the workshops that are particularly relevant to their role within the clu
own interests.
While the six modules are designed to be stand-alone, it is important to recognise that the planning mod
foundation upon which club management is based. Therefore all club members are encouraged to partici
planning module and, ultimately the club’s overall planning process.
I encourage you to attend and be part of all workshops offered through your local league/association and
process help better your club and grow community club football.
I wish you all the best in these endeavours.
Andrew Demetriou
Chief Executive Offi cer
Australian Football League

4 AFL club management program
Contents
AFL club management program ....................................................................5
Introduction .................................................................................................6
Section one – Legal issues ............................................................................7
Incorporation .............................................................................................................
Constitutions .............................................................................................................
Negligence .................................................................................................................
Section two – Risk management program requirements ..............................12
Risk management policy .............................................................................................
Risk management process ...........................................................................................
Implementing treatment plans ....................................................................................
Assessing treatment options ......................................................................................
Waivers and indemnities .............................................................................................
Warnings ...................................................................................................................
Section three – Risk management policies and procedures ..........................20
Considerations for inclusion in a policies and procedures manual ..................................
Section four – Legislation to address in the risk management program ........25
Discrimination legislation ...........................................................................................
Harassment legislation ...............................................................................................
Privacy legislation .....................................................................................................
Child protection legislation .........................................................................................
Contracts ...................................................................................................................
Copyright ...................................................................................................................
Section fi ve – Insurance .............................................................................33
Insurance cover ..........................................................................................................
Australian Football National Risk Protection Program ...................................................
Insurance cover types .................................................................................................
Optional extras ..........................................................................................................
Additional extras ........................................................................................................
How to make a claim ...................................................................................................
Section six – Where to from here? ...............................................................38
1. Introducing risk management activities ...................................................................
2. Identifying responsibilities of club offi cials ..............................................................
3. Establishing appropriate documentation and checklists ............................................
Conclusion .................................................................................................43
Glossary ...................................................................................................44
References .................................................................................................46
Acts ...........................................................................................................47
Further information ....................................................................................48
Appendices ................................................................................................50

5RISK MANAGEMENT FOR FOOTBALL CLUBS
AFL club management program
The AFL club management program consists of the following modules:
Planning – The purpose of this module is to:
• Identify the need for clubs to plan.
• Provide the basic framework for organising a planning workshop.
• Outline the planning process and the 10 basic stages involved.
• Provide practical templates to assist in writing a plan.
• Identify methods of reviewing the effectiveness of the plan.
Risk management – The purpose of this module is to introduce:
• The application of specifi c legal principles in the football environment.
• Considerations relevant to liability and duty of care.
• The risk management process.
• Waivers, indemnities and warnings.
• Risk management policies and procedures.
• Legislative requirements.
• Insurance – National Risk Protection Program.
• Match-day checklists.
• The importance of establishing a risk management offi cer.
Volunteer management – The purpose of this module is to:
• Outline the rights and responsibilities of volunteers.
• Encourage clubs to appoint a volunteer coordinator.
• Outline the importance of job descriptions.
• Identify ways to recruit, retain and recognise volunteers.
• Identify how to develop a volunteer management policy.
• Outline the process of selecting and screening volunteers.
• Identify the need for succession planning.
Community partnerships – The purpose of this module is to:
• Explore the ways in which a community club can build relationships with other sports and groups withi
the community.
• Identify how clubs can form favourable partnerships with local government authorities.
• Develop ways of attracting sponsorship and fundraising opportunities.
• Show ways of obtaining grants and funding from various agencies – local, state and federal level.
• Establish how to create a healthy environment within the club.
• Identify how to attract and support umpires.
• Provide ways clubs can promote their activities within the community.
Financial management – The purpose of this module is to:
• Explore the roles and responsibilities of the treasurer within a football club.
• Outline the processes involved in and the issues that should be addressed when considering the fi nan
management of a football club.
• Provide information that will assist the club treasurer in fulfi lling his/her role with regard to the fi nanc
management of a club.
Junior development – The purpose of this module is to:
• Develop an understanding of AFL Game Development structure and philosophy.
• Provide an understanding of the underpinning principles at each level of the participation pathway with
AFL Auskick, youth football, recreational football, female football and children with disabilities.
• Identify the responsibilities of clubs and AFL Auskick centres in relation to the organisation of junior pro
and competitions.
• Outline the coaching and umpiring support and resources available for all levels of Australian football.
• Identify the value in developing club links with AFL Auskick centres, schools and the community.
• Indicate ways of recruiting and retaining children and parents in junior development programs.
• Highlight the importance of developing a quality club environment.

6 AFL club management program
Introduction
Risk is present in everything we do, whether it be crossing the road, driving a car, doing our job or p
coaching and administering football. The Australian Standard (AS/NZS 4360: 1990, Risk Manageme
risk as “the chance of something happening that will have an impact upon objectives.” It is measur
of likelihood and consequences.
Risks need to be managed in order to prevent the effects they can have. Risk management is a log
identifying, analysing, assessing, treating, monitoring and communicating the risks that are associa
activities, so that negative effects and losses can be minimised and opportunities can be strengthe
the risks associated with your football club will encourage more people to join because of the fact t
environment is safe.
Risk management is as much about identifying opportunities as avoiding or alleviating lo
To be most effective, risk management should become part of an organisation’s culture. It should b
into its philosophy, practices and business plans rather than be viewed or practised as a separate p
management should become the business of everyone in the organisation.
The adoption of a structured approach to risk management will encourage the following outcomes:
• More effective decisions.
• Effective delivery of sporting services.
• High standards of service to participants – playing and non-playing.
• Effective allocation and use of resources.
• High standards of accountability.
• Creativity and innovation in management practice.
• Improved morale within the organisation.
• Flexibility in meeting objectives.
• Transparent decision-making.
• Consideration of legal issues and reduced exposure to litigation/penalties as a result of implemen
legal compliance programs.
The purpose of this module is to introduce:
• The application of specifi c legal principles in the football environment.
• Considerations relevant to liability and duty of care.
• The risk management process.
• Waivers, indemnities and warnings.
• Risk management policies and procedures.
• Legislation.
• Insurance – Australian Football National Risk Protection Program.

7RISK MANAGEMENT FOR FOOTBALL CLUBS
Section one – Legal issues
The law is the set of rules that regulates the way in which things should be done. It governs the smooth o
of our society in the same way that the rules of football determine the way that the game will be played.
constitution of a club determines the way in which members can expect it to be run. All areas of society a
to the application of the law and there is no good reason why football should be treated differently to any
of human endeavour.
The increasing application of the law to sport and recreation, the trend of commercialisation of sport and
in general, and the increasing number of people who look to sport and recreation for employment purpos
mean football administrators, coaches and offi cials must be able to identify areas of potential legal risk a
appropriate action to manage that risk.
The ability to choose an option for an organisation that minimises the impact of the law can create enorm
advantage for that organisation in terms of time, effort and fi nancial cost. The ability to identify legal iss
need be, seek expert legal opinion at an early stage can greatly minimise the legal confl ict within an org
the effect on its employees and members.
The courts have shown that the law is involved in sport and recreation in many ways, including civil and c
negligence, contracts, the operation of tribunals, discrimination and harassment, reputation (defamation
insurance, copyright, marketing, risk management practices, industrial relations, incorporation, drugs, tra
diseases, pregnancy, betting and the environment.
Three of these legal issues will be examined further in relation to football clubs:
• Incorporation.
• Constitutions.
• Negligence.

8 AFL club management program
Incorporation
Incorporation provides any club with a legal identity that is distinct from that of the members, there
the members of the committee and the club from liability for authorised acts of the club. It is a maj
device for clubs with regard to legal issues, however it does not prevent actions for negligence aga
in all circumstances.
While not mandatory, it is highly recommended that all clubs incorporate, as individual members of
club may be held responsible for its liabilities. An Associations Incorporation Act is available in each
and has been designed specifi cally to provide a simple format for community bodies.
Although there is no legal requirement for a football club or association to become incorporated, re
unincorporated will leave your club in a diffi cult situation with regard to the law. The law does not r
association as having any legal existence in its own name unless it is incorporated, and legal rights
can fall on to individual members.
Non-profi t sporting organisations generally incorporate under state legislation known as the Associ
Incorporations Act. Incorporation under this act in each state and territory of Australia has been des
for community organisations to provide an uncomplicated legal status. It is simple and inexpensive
act is slightly different in each state, so you will need to contact your relevant State/Territory Consu
Trading Agency. Contact details are located at the end of this manual.
Why incorporate?
Incorporation creates a separate legal identity for a football club and protects individuals within the
that it operates within acceptable business and community standards. With the club having a legal
• Exists as a separate legal identity, regardless of changes in membership.
• May enter into contracts.
• May own land and other property.
• Can sue and be sued in its own right.
• Can accept gifts and bequests.
• May borrow money.
It is important for clubs to recognise that while incorporation will protect individual members with r
liability for the debts and responsibilities of the club, it provides no protection against those individu
should they be held personally liable as a result of their actions or negligence.
Regardless of whether a football club wishes to incorporate, it usually abides by rules that stipulate
which it is governed. When members join a club, they generally subscribe to a constitution and a se
Unincorporated clubs may also create diffi culties in terms of the formulation of legal proceedings.
Legal diffi culties for an unincorporated association
A former footballer took proceedings seeking compensation for an injury that occurred a
initial proceedings were taken against the football club, which was an unincorporated bo
the court found that the club had no legal identity. The player reformulated his proceedi
action against the individuals of the committee with whom he had contracted three year
injury took place. But, just as in many organisations, this committee had changed and a
was in place. The court eventually decided that the player should seek compensation thr
committee that was in offi ce at the time of the injury.

9RISK MANAGEMENT FOR FOOTBALL CLUBS
Constitutions
Every football club should have a constitution in place that sets out the rules by which the club is govern
purpose for which it has come together.
The aim of the constitution is to set out clearly:
• The name and primary objectives of the organisation.
• Membership eligibility, rights and obligations.
• Finance.
• Meetings of members.
• Election of offi ce-bearers, appointment of the committee and management functions.
• Procedure in the event of dissolution, including disbursement of any surplus property.
• Provision for amendment of the constitution.
While no two organisations are the same in their aims and objectives, there are examples of generic cons
that can be modifi ed to suit most football clubs. Most clubs will be able to simply adopt the model rules o
format with adjustments to suit their circumstances. In any constitution, there are certain matters that ar
and which should always be included for the protection of members.
A constitution should specify:
• Requirements for eligibility to apply for membership, that is, who is entitled to be a member, and who
applications for membership (usually the committee). Care must be taken to avoid discrimination issue
• Steps on how to become a member and the types of membership (if different types). Where there are
different grades of membership, the eligibility for each classifi cation must be clearly set out and entitle
voting rights specifi ed. Defi ne whether applications for membership must be in writing and if referees
• The manner in which a membership can be cancelled other than by resignation (eg, overdue members
subscriptions) and the reasons a person can be expelled or suspended from the organisation.
• The manner in which a general meeting can be called to resolve an issue and the date of the annual ge
meeting (usually required to be within three months of the end of the organisation’s fi nancial year).
• Powers of the committee members to manage the day-to-day running of the organisation.
• Frequency of committee meetings, minute keeping, fi nancial matters such as membership fees and d
• The number of members of the committee, the number required for a quorum, the portfolios to be fi lle
responsibilities associated with those portfolios.
• The manner and circumstances for committee members to be indemnifi ed out of the organisation’s fu
event they incur any liability on behalf of the organisation.
• The manner of winding up the organisation and the distribution of assets.
The constitution should also defi ne the rights and duties of individual members and those of the commit
elected to run the organisation on a day-to-day basis. The detail of your club’s constitution will largely de
needs of formality of the club. Changes to the constitution are usually required to be debated and voted
annual general meeting or a special general meeting. The constitution should always be kept up to date
the secretary) so that there is no confusion about the rules of the club at any time. It is good practice to s
of all amendments to those who hold copies of the constitution.

10 AFL club management program
Negligence
“Football injury – player sues coach”
“Legal threat to AFL on injuries”
Newspaper headlines such as these are becoming more common. Playing football involves an elem
risk, and in most cases, players accept the risks as a part of the challenge of participating in sport.
at recent press reports and prominent court cases indicates that some injuries are not the result of
inherent in playing the sport.
Carelessness and the ill-will of others in sport can cause injuries to participants, offi cials, spectator
and the general public. The fact that players and offi cials walk on to the ground does not mean the
to engage in behaviour or provide facilities that would not be acceptable in another environment. Im
possibilities if the participants in a game felt that they were immune to civil or even criminal sanctio
It is important for administrators to understand that there is no automatic legal protection and that
legally responsible for injuries that occur during activities under their control. Negligence is one are
concern. Negligence is part of the law of torts and consists of falling below the standard of care req
circumstances to protect others from the unreasonable risk of harm. It does not require an intention
harm or damage, and while sporting injuries generally do not come about as a result of a desire to
involve a careless disregard for another’s safety, so negligence can be an appropriate action for a d
If the injured party is to be successful with a negligence claim, the following elements must be esta
• Duty of care: this is a duty owed by one party (the defendant) to another (the plaintiff). You mu
care to avoid acts or omissions that you can reasonably foresee would be likely to injure.
• Breach of duty: the standard of care: the plaintiff has to show that the defendant has breached
by falling below the reasonable standard of care.
• Causation: the plaintiff must show that the defendant’s breach of duty of care caused the injury
complaining about.
• Remoteness of damage: the plaintiff must show that the injury he/she suffered which was cau
defendant was reasonably foreseeable.
When undertaking an activity associated with their football club, administrators should consider the
1. Do I owe a duty of care to the participant and, if so, is the risk of any injury
reasonably foreseeable?
A duty of care depends on establishing some relationship between the parties. If an injury occurs
ask whether the relationship between the parties was such that the defendant should have fores
her negligent act would lead to the damage suffered by the participant.
2. What is the standard of care that must be achieved?
The test for the required standard of care is how a reasonably prudent person would behave in th
The law has developed this reasonable person test, but what is reasonable will depend on the pa
circumstances existing at the time. For example, the standard may vary depending on:
• The type of activity. Generally the more hazardous or risky the activity is deemed to be, the gr
care that is owed to the participants (eg, abseiling).
• The age of the participant. Generally, the younger the participant, the greater the duty of care
Similarly, frail or aged adults may place greater demands on supervision. Consider the standard
in supervising a school-aged team of footballers compared to a team of adults.

11RISK MANAGEMENT FOR FOOTBALL CLUBS
• The ability of the participant. Age should not be considered in isolation but considered along with th
of the participant. Beginners in any program need greater supervision than more experienced and sk
participants (eg, fi rst-time players compared to those with several years’ training and experience).
• The coach’s/instructor’s/administrator’s level of training and experience. The more highly trained an
experienced a person is, the greater the standard of care that is expected. For example, a higher sta
care would be expected from a trained and highly skilled coach than from someone who is volunteeri
who may have undertaken only a little training.
3. What steps can I take to avoid the foreseeable risk of harm or injury?
Administrators may not be able to take all possible steps to avoid causing injury but the law requires t
take all reasonable steps. To help establish those ‘reasonable steps’ the administrator should develop
management plan for the organisation and the programs or activities it conducts.
The following case study highlights how it is in the best interests of administrators and coaches to ensure
participants face only the risks inherent in any activity.
A negligence case study
Ron Booker, 15, was a promising young footballer playing in a Saturday morning district footb
competition. In last Saturday morning’s semi-fi nals, when trying to tackle an opponent, Ron
a leg in three places. The doctors say he will never play again. Ron’s parents, already upset a
the injury, were unhappy with the coach’s explanation of the incident and decided to fi nd ou
what happened.
They discovered that before the game, Ron had told the coach he did not feel well and did no
play. The coach reminded Ron of the importance of the game and urged him to play anyway a
do your best”. When Ron’s team was warming up, several players noted deep ruts in the fi el
about the danger of turning an ankle, the players informed the coach. The coach told them to
the holes and failed to raise the problem with the game umpire.
Midway through the fi rst half, the accident occurred. Attempting a tackle, Ron caught a foot
much larger opponent fell on to that leg. Everyone heard a terrible crack. The coach decided
for an ambulance but rushed Ron in his own car to hospital about fi ve kilometres from the gr
was in terrible pain when the players carried him over to the coach’s car.
The ruts in the fi eld were a result from ‘improvement work’ undertaken during the week by t
council, after a request from the club. The football club leases the ground from the council.
Consider the following questions?
1. Did the coach owe Ron a duty of care? Yes. Supervisors owe a duty of care to all participan
2. Did the coach breach that duty? Several facts need to be considered here, for example, th
ignored Ron’s request not to play; he knew the fi eld was not suitable for play; he did not fo
recommended procedure for treating the leg. The coach allowed Ron to face some unaccept
3. Who else may be negligent? The courts have shown that owners and occupiers of facilities
case, the council and the club) have a responsibility to ensure that the facilities they provid
suitable for the purpose for which they will be used.* Could the umpire have been negligent
*Nowak v Waverley Municipal Council & Ors (1984) Aust Torts Reports 80-200

12 AFL club management program
Section two – Risk management
program requirements
The objective of a sports risk management program is to protect the assets and fi nancial resources
organisation and its members by reducing risk and the potential for loss. Reduced legal risk is a by-
of the implementation of an effective risk management program.
The development of an organisational risk management policy and support system is needed to pro
for carrying out a program. Crucial to the success of the program is the support of the managemen
its desire for the philosophy to become a part of the club’s culture.
Risk management policy
The football club’s executive or committee should defi ne and document its policy for risk managem
management policy should be relevant to the club’s strategic context and its goals, objectives and
the business.
The policy may include the following information:
• The rationale for managing risk.
• The objectives of, and commitment to, risk management.
• The links between the policy and the club’s strategic/corporate plan.
• The extent, or range of issues to which the policy applies.
• Guidance on what may be regarded as acceptable risk.
• Who is responsible for managing risk.
• The support available for those managing risk.
• The level of documentation required.
• The plan for reviewing organisational performance in regard to the policy.
Management should ensure that this policy is understood, implemented and maintained at all level
There is a constant need for administrators to identify risks, deal with them and then evaluate whet
that are subsequently implemented are effectively dealing with the risk.
Risk management process
Integral to the management process at your club should be the management of risk. Although man
club or organisation follows a generic process, the approach taken will depend on the context in wh
– the type of organisation, programs offered and type of activity.
The risk management process involves fi ve logical steps, including:
1. Establish the context – this stage is essential in order to gain an understanding of the factors (w
the club) that affect risk management.
2. Identify the risks to which your club and its people are exposed.
3. Analyse the risks by considering the sources of risk, existing controls, likelihood and consequenc
risk that exist.
4. Evaluate the risks to determine whether the risk is acceptable or unacceptable.
5. Treat the risks to reduce, avoid, transfer or fi nance them.
The fi ve steps involved in the risk management process are supported by the ongoing activities of
consultation, and monitoring and review.