Apply Sport and Recreation Law

SRXIND003A NOTES

The following notes will provide you with information relevant to discussions, plus assist you with completing
assessment tasks.

In the context of your work situation, briefly describe the way key provisions of relevant
Acts/Legislation impact on the operation of the recreation industry.

Consider Acts/Legislation such as:

• Occupational Health and Safety: dealing with the safety of your workers/employees

• Workers Compensation: covers against injury within the workplace

• Freedom of Information Act: code of confidentiality

• Equal Opportunities Act: to ensure everyone has equal rights

• Trade Practices Act: fair trade

Outline the laws relevant to recreation organisations that operate licensed gaming activities.

• Many sporting clubs have incorporated licensed faming facilities into their operations. Gaming generally
refers to gaming machines or poker machines. Gaming may also cover things such as bingo, art union
raffles, sweeps that require permits and or licenses to operate.

• Each state has a legislation in place to license premises and operators, and sometimes those working in the
industry. The regulations in relation to the ownership of gaming facilities and the actual running of the
gaming operations in each State are complex. The rules in relation to ownership and management of gaming
facilities have a lot in common between the States, so that uniformity across the country is maintained.

A particular organisation wishes to become incorporated. Outline the sequence of events or process
that the organisation must follow. You might illustrate your answer by reference to your own work
situation.

• Incorporation is used to safeguard the personal liability and assets of those responsible for the running of
the organisation.

• Firstly, you would need to contact a government department to apply to become incorporated. If you are
wishing for your organisation to be incorporated, you would need to have a president, secretary, treasurer,
vice president, public officer, promotions and committee members.

• All contact details of all members, a business plan, a code of conduct/ethics and a mission statement would
also need to be provided as a criteria for the application for incorporation.

• If you are planning to have paid employees within the incorporated body, all taxes and employees financial
details would need to be provided.

Describe the responsibilities of an organisation that has become incorporated. How does an
incorporated association differ from a registered company?

• The responsibilities of an organisation that has become incorporated is that it means to create a legal entity,
which is separate and apart from the individuals who control it. The main reason for incorporation is to
 safeguard the personal liability and assets of those responsible for the running of the organisation. The Acts
of Parliament then lays down the constitution.

• A company incorporated under the 'Australia-wide' Corporations Act is, by far, the most common type of
incorporated company in Australia. The information does not relate to a far more obscure and more
restricted type of incorporation, namely the incorporation of an association under the state-by-state
'Associations Incorporation' legislation. Also, the information does not relate to the mere registration of
state-by-state registered business names. So therefore, an incorporated company differs from a registered
company by having members, and its association under the legislation. The registered company just means
that they have a registered business name by which they promote themselves.

Describe what is meant by duty of care and legal liability. Identify the process that can be used to
minimise risk of legal liability. Discuss the various insurance options that might be relevant.
Summarise the advantages of having a sound risk management plan.

• Duty of Care: to yourself firstly, and then your clients. It means identifying risks and taking responsibility
to ensure that nothing goes wrong.

• Legal Liability: making sure the environment is safe.

• The various insurance options that might be relevant to a sporting organisation are public liability; which
covers liability that results from loss of or damage to property, loss of use or property and death of injury
due to negligence, and professional indemnity; this cover indemnifies the insured against claims for
compensation for breach of professional duty by reason of any negligence by way of act, error or omission.

Your work organisation wants to run a major raffle. Describe the procedures that must be followed to
ensure that your organisation operates within the law.

• To hold a major raffle, the organisation must get a permit number if the profit is going to be over $500. The
detail that needs to be on the tickets are that it must have a date to and from, it should state a cost per
ticket and it should say when it is going to advertise the winner and where. If the raffle is drawn at a
particular place and people need to be there to see it been drawn, the ticket must state when and where it is
being drawn. It must in addition also have the name of the organisation and the value of the prizes
publicised on the ticket.

What aspects of Federal/State taxation laws impact on your work organisation? Your work
organisation wants to employ some part-time, casual workers. What do you need to do to ensure that
you comply with Federal tax laws?

• The aspects of Federal/State taxation laws that impact on my work organisation are the tax file declaration
form which is given to all employees on their commencement of work, the superannuation given to all
employees (be it casual, part-time or full-time depending on the organisation) and also the BAS Statements
which the organisation has to fill in after each month or quarter, however the business has chosen to
approach the matter.

• When an organisation wants to employ some part-time, casual workers, they need to ensure that you
comply with the Federal tax laws. This means that some form of a legal agreement has to take place, be this
verbal or written. The best form of a contract is a written agreement as it is documented. These contracts
should allow a job description, entitlements (sick leave, superannuation, holidays etc), company policies and
most importantly personal details.

Write a list of discriminatory influences.

1. Sex (incl. Preference and Pregnancy)

2. Marital status
3. Family responsibility
4. Sexual harassment
5. Employment
6. Education
7. Race (colour or ethnic origin)
8. Physical impairment (real or assumed), including physical, mental, physiological and likewise including the
existence of organisms in the body (AIDS)
9. A persons age
10. A status of being a member or non-member or union
11. A persons lawful sexual activities
12. Physical features, including height, weight and size.

Research a sporting organisation and summarise how it has compiled with these laws with respect
to;
Employment
Membership
Access to a provision of equipment and facilities
Provision of activities for minority groups

• For an organisation to compile with these laws, being employment, membership, access to a provision of
equipment and facilities and provision of activities for minority groups, they would need to contact their
state government body. This would allow them to find out the most recent information with regard to legal
documents and liabilities.

• With consideration towards employment, as an organisation you would need to think about and fill in
different documents about policies, entitlements (sickleave, superannuation and holiday leave) and tax
declaration forms and superannuation.

• When thinking about membership, an organisation would have to consider the aspect of liability when taking
on financial members. Whether the organisation is a pty ltd company or an inc. company, the guidelines
change. All members would have to be equipped with documents of all employees, strategic plans, financial
documents and guidelines to their access and benefits that they can get out of the organisation providing
the membership.

• With regard to access and provision of equipment and facilities, all documents should be well known to all
with access. They should be provided to the organisation and all expenses should be shown clearly.

• The provision of activities for minority groups should be publicised to all organisations, also including the
public if you wish for them to be targeted. If these activities involve a lot of organising and instructing, you
may wish to, as an organisation, to take out some further insurance to make sure that your organisation is
fully covered to allow for all accidents (hopefully none will occur).

Briefly suggest some strategies that would enable the organisation to ensure it does meet the
requirements of the laws.

1. contact your state government department to find out what kind of laws are applicable to your organisation
– to allow safe running
2. contact your local insurance company and see what they think applies to your organisation

• Club and organisation administrators are encouraged to seek advice in any areas of operation and
jurisdiction where a legal decision is the outcome. A professional opinion from a qualified practitioner should
always be obtained before a small problem grows into formal legal proceedings.

• Therefore consultation is recommended; for those who may be affected in the matter, those with an interest
in the matter and how opportunities for negotiation, compromise or modification can be developed.

What are the consequences of non-compliance?

• Identifying the potential areas of non-compliance is a crucial step in ensuring the organisation minimises risk
of legal liability. Professional associations are helpful in providing information on risks and ways of managing
those risks. Some broad thinking and research or assistance from a professional association will help in
identifying a list of potential non-compliance matters.