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Insurance

2011/2012 Public Liability Certificate of Currency

Do we have public liability? Yes. Download Cover Confirmation of Public and Products Liability Insurance, Girl Guides Australia Incorporated and all State and Territory Bodies 2011/2012.

Facility Hire

I have a hirer who doesn't have public liability insurance as they do not belong to a business or organisation, can they hire the facility? Yes - if they are a private individual they can hire the facility by downloading and completing the FACILITY HIRE AGREEMENT PRIVATE INDIVIDUALS Form with the facility manager.

Full Insurance Policy Wordings

What are the actual policy wordings for each insurance type? Please find below a list of all insurance policies held by every State and organised Nationally. For any insurance types not listed here, you will need to contact your State Office to see if the insurance policy is held and/or its wordings.

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Activities and Waivers

To help Leader's plan activities here are some answers to some of the commonly asked questions about insurance and waivers. Please contact your State Office if you have any queries in relation to insurance or waivers - remember, it is not fine to sign!

 

There is a growing trend for everyone from Christmas Parade organisers to kayak hire operators and horse riding centres to ask participants to sign a waiver. Many people mistakenly assume that they're not 'worth the paper they are written on'. But they do affect your rights. It's not fine to sign on behalf of Guide members. Legally only parents and guardians can make that decision for youth members or individual adults for themselves.

Can I do this activity with my Unit

 

  • Check section six of the most recent edition of Guide Lines. If it's an approved activity then you will need to obtain permission from the District, Division or Region Leader and the appropriate State Guiding personnel, usually at least four weeks prior to the activity.
  • There are a number of factors, including that the volunteer in charge has the specific knowledge, skills and supervision requirements relevant to the activity and State in which the activity is being held.
  • For each adventurous activity an adventurous activity consent form is required from a parent or guardian of each participant under the age of eighteen and from each participant eighteen years and over.
  • For each not so adventurous activity, an Activity Consent Form should be received from a parent or guardian of each participant under the age of eighteen years and an Adult Information Form from each participant eighteen years and over.
  • If you're planning to pay for an activity, the provider must provide a copy of their Certificate of Currency (insurance policy summary), their risk management plan for children doing this activity and any licenses relevant to the activity. Some adventurous activity providers have mainly adult clientele and risks may be different for children. Their insurance, licences and qualifications must meet those set by your State policies, contact your State Office for more information.
  • If this is an excluded activity Guide members cannot participate in these activities unless special insurance cover can be arranged (contact National Office for details). If one-off approval is granted by the insurers then the above points apply.

 

The activity isn't listed in Guide Lines but I'd love to take my Unit. What happens now?

  • Some activities including hot air ballooning, white water rafting, pot holing and paracending aren't covered by Girl Guides Australia liability insurance. Contact your State Office for more details of what is included by the current policy.
  • It may be possible to include specific activities or events by special application (fee may apply). Please provide as much information as you can about the activity to Girl Guides Australia. The activity provider may have an information sheet and may be willing to give you a copy of their Certificate of Currency and risk management for you to forward.
  • To investigate if one-off cover can be obtained, National Office may consult the relevant Managers, Legal Adviser, insurance broker and State Guide organisation. This can take some time, so to avoid disappointment, please follow up at the first stage of planning so things can be finalised four weeks before the activity is scheduled.
  • Please note that high risk activities that aren't included in our current insurance policy, like car rallies, may not be able to be included or a prohibitively large fee may apply.
  • If an activity isn't able to be covered, then it can not be done as a Guiding activity, Girl Guides Australia, your State Girl Guide Association and our insurers take no responsibility for activities other than Guiding activities.

Who is protected by Girl Guides Australia's liability insurance?

The liability insurance, subject to Guide procedures, provides protection to Guide organisations, Leaders and staff for actions taken against them for negligence at a Guide activity which has resulted in injury or property damage. These actions could come from any of the following:

  • Australian Guide youth members whilst doing Guide activities
  • Australian Guide adult members whilst doing Guide activities
  • parents and friends assisting with activities including fundraising, promotional activities and camps
  • volunteers assisting Leaders to run Guide activities.

 

If you are planning to pay for an adventurous activity, they must have their own insurance. All non-Guides will need to comply with relevant legislations and State Girl Guide Association policies and procedures.

It's included by our insurance policy, but the activity provider wants me to sign a waiver signed for everyone participating. What do I do?

  • Don't sign it!
  • A waiver is a legal document. The only person that can sign any legal document on behalf of someone under eighteen is a parent or guardian of that child. The only person who can sign a legal document for an adult is themselves.

 

You have a few different options:
1. Ask the provider for a copy of their Certificate of Currency and the waiver. Give these to every parent/guardian of youth members and every adult that will attend and ask them to decide if they would like to sign on behalf of their daughter or themselves.
2. Reconsider the activity or activity provider—is there another option?
3. Ask your State or the National Office for help. Please provide details of what is involved including a copy of the risk management they have in place and a copy of the waiver. We may be able to ask the activity provider for an amended waiver that will enable them to gain your custom.
4. If the activity provider would like a copy of Girl Guides Australia's Certificate of Currency , please give it to them.

I gave parents/guardians a copy of a waiver and they've got lots of questions. What do I do?

  • We are not lawyers and cannot give them advice—if you try to do so and something goes wrong, then you may put yourself at risk. Even if you have had legal training, still refer it (see below).
  • If there are questions about the waiver, parents need to check with their own legal adviser. If they still have questions, please contact National Office.
  • If there are questions about the insurance policies, please contact your State office. If they can't help they will refer you to the National Office .

Can parents sign the activity consent form or waiver electronically?

  • No, it's not admissible legally.
  • They can sign a hard copy, scan it and email the scanned copy to you to keep on file.

If parents of youth members or adult members sign a waiver from an activity provider, is that Guide member still protected under Girl Guides Australia liability insurance policy?

  • No. In the event of an accident, parents or guardians that have signed a waiver would need to contact their legal representative and take the activity provider to Court.

What's included in Guides' personal accident policy?

  • Personal accident insurance is covered by individual States—contact your State Office for general information about what is included in their Personal Accident insurance policy.
  • For claims please contact your State Office with as much information about the incident as possible—ask about any forms that need to be completed and returned.

Some parents or participants refuse to sign the waiver, what happens now?

  • As a Leader you should never agree to sign any document or waiver on behalf of anyone.
  • Those without a signed waiver cannot do that activity.
  • You may want to reconsider the activity—there may be another activity provider that doesn't require a waiver.
  • You can contact your State or the National Office —they may be able to approach the activity provider on your behalf and negotiate a compromise.

A Guide has turned up without her waiver. Can I sign it?

  • No! Unfortunately the Guide won't be able to participate, unless her parents or guardian can be contacted and sign the waiver in time.
  • A waiver is a legal document. The only person that can sign any legal document on behalf of someone under eighteen is a parent or guardian of that child.

The activity provider has given me a group waiver. Can I sign it on behalf of everyone?

  • No! You may make yourself personally liable—never mind losing your shirt, you could lose your house and life savings. Never sign a waiver on behalf of anyone else.
  • A waiver is a legal document. The only person that can sign any legal document on behalf of someone under eighteen is a parent or guardian of that child. The only person who can sign a legal document for an adult is themselves.

What do I do with a group waiver?

  • Legally only a parent or guardian of someone under eighteen can sign a legal document on their behalf; the only person who can sign a legal document for an adult is themselves.
  • Each adult or the parent/guardian of each youth member should make the decision whether or not to sign an individual waiver form.
  • We know that if 300 Guides are planning to be part of your local Christmas Parade that's a lot of paperwork. Unfortunately, though it's never fine to just sign it. No Leader, Guide volunteer or staff member should ever sign a group waiver as you are making yourself personally liable.

Here are your options:
1. Give the activity provider a copy of Girl Guides Australia's Certificate of Currency. Advise them that our insurance includes liability for Guides to do this activity.
2. Ask the provider for a copy of their Certificate of Currency and the waiver. Give these to every parent/guardian of youth members and every adult that will attend and ask them to decide if they would like to sign for their daughter or themselves.
3. Reconsider the activity or activity provider—is there another option?
4. Ask your State or the National Office for help.

This is all way too hard!

  • Please pick up the phone and give your Guiding Partner, Region Leader, State or National Office a call. We can help.

Any other questions?

  • If there was something that you wanted to know and it wasn't included here, or you needed more details, please contact us so that we can update this section.

 

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