❓ A WA parliamentary question seeks information on legal action against not-for-profit community groups, including details of cases, outcomes, and insurance coverage. The Minister's response provides limited information, acknowledging some cases but lacking detail on insurance.
AnsweredQoN 2726Legislative Assembly
QuestionView source ↗
(1) Is the Minister aware of any cases where not for profit community groups were sued or threatened with being sued for negligence or for any other reason?
(2) Were any of these groups incorporated under Western Australian law, under any other laws elsewhere in Australia or were they unincorporated bodies?
(3) What was the outcome in each of these cases where a not for profit community group was sued or threatened with being sued?
(4) In any of these cases, were individual members of the community group or any or all of its office bearers subject to the legal action and, if yes, was the legal action successful?
(5) Is the Minister aware of any cases where legal action was threatened against a not for profit group but the matter was resolved prior to final judicial determination and, if yes, what were the details of these resolutions?
(6) In any of the cases known to the Minister, did the affected community groups hold public liability or similar insurance and, if yes, did this insurance provide appropriate cover in those cases where the community group was found to be legally responsible or agreed to accept responsibility?
(2) Were any of these groups incorporated under Western Australian law, under any other laws elsewhere in Australia or were they unincorporated bodies?
(3) What was the outcome in each of these cases where a not for profit community group was sued or threatened with being sued?
(4) In any of these cases, were individual members of the community group or any or all of its office bearers subject to the legal action and, if yes, was the legal action successful?
(5) Is the Minister aware of any cases where legal action was threatened against a not for profit group but the matter was resolved prior to final judicial determination and, if yes, what were the details of these resolutions?
(6) In any of the cases known to the Minister, did the affected community groups hold public liability or similar insurance and, if yes, did this insurance provide appropriate cover in those cases where the community group was found to be legally responsible or agreed to accept responsibility?
AnswerView source ↗
Answered
5 May 2004
Responded by
Minister for Consumer and Employment Protection
Response time
42 days
(2) Both of these groups are incorporated in Western Australia under the Associations Incorporation Act 1987 . (3) In one case settlement was agreed at the first trial date. A trial date for the other is yet to be set. (4) In the matter that has been settled, action was taken only against the association. In the case that has not yet gone to trial, the President of the association is named along with the association as a respondent to legal proceedings. (5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(3) In one case settlement was agreed at the first trial date. A trial date for the other is yet to be set. (4) In the matter that has been settled, action was taken only against the association. In the case that has not yet gone to trial, the President of the association is named along with the association as a respondent to legal proceedings. (5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(4) In the matter that has been settled, action was taken only against the association. In the case that has not yet gone to trial, the President of the association is named along with the association as a respondent to legal proceedings. (5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(6) Not known.
(3) In one case settlement was agreed at the first trial date. A trial date for the other is yet to be set. (4) In the matter that has been settled, action was taken only against the association. In the case that has not yet gone to trial, the President of the association is named along with the association as a respondent to legal proceedings. (5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(4) In the matter that has been settled, action was taken only against the association. In the case that has not yet gone to trial, the President of the association is named along with the association as a respondent to legal proceedings. (5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(5) Yes – as above. The respondent agreed to pay the complainant $8999.37 plus costs and interest. (6) Not known.
(6) Not known.
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