❓ A WA parliamentary question seeks information on lawsuits against not-for-profit community groups, including details of legal action against individual members and insurance coverage. The Attorney General was unable to provide answers due to limitations in the court's case management system.
AnsweredQoN 2727Legislative Assembly
QuestionView source ↗
(1) Is the Attorney General 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 Attorney General, 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 Attorney General, 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
6 May 2004
Response time
43 days
No answers can be provided to questions (1) to (6), above.
Information held on the Courts civil case management systems does not include information necessary to categorise parties to an action. Future systems will be able to capture an Australian Business Number, from which some such information can be discerned, but that facility is not yet available.
Manual searches of files may obtain some results but would require an unacceptably high allocation of resources on a task where the level of recording of the required information is unknown.
Information held on the Courts civil case management systems does not include information necessary to categorise parties to an action. Future systems will be able to capture an Australian Business Number, from which some such information can be discerned, but that facility is not yet available.
Manual searches of files may obtain some results but would require an unacceptably high allocation of resources on a task where the level of recording of the required information is unknown.
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