❓ A Member of Parliament questions Healthway's requirement for community groups to have public liability insurance when seeking funding, particularly when projects involve only group members or when liability waivers are used. The Minister clarifies that Healthway doesn't insist on insurance but encourages risk management and considers each case individually, sometimes providing funding without direct insurance coverage.
AnsweredQoN 3263Legislative Assembly
QuestionView source ↗
(1) Why does Healthways insist that incorporated community groups seeking funding grants must carry public liability insurance?
(2) If a project for which a community group seeks funding does not involve members of the public but only members of the group, why does Healthways nonetheless require public liability insurance when group members have accepted the risks associated with activities organized by the group?
(3) For community group projects involving members of the public who are not members of the group, why are Healthways’ concerns about public liability not resolved by a requirement that such members of the public must sign a legal liability disclaimed form, as is now becoming common practice for small community groups?
(4) How does the Minister justify a requirement for community groups to have public liability insurance when such insurance can cost several hundreds of dollars, sometimes equal to 20% or more of the amount of money being sought as a grant from Healthways?
(2) If a project for which a community group seeks funding does not involve members of the public but only members of the group, why does Healthways nonetheless require public liability insurance when group members have accepted the risks associated with activities organized by the group?
(3) For community group projects involving members of the public who are not members of the group, why are Healthways’ concerns about public liability not resolved by a requirement that such members of the public must sign a legal liability disclaimed form, as is now becoming common practice for small community groups?
(4) How does the Minister justify a requirement for community groups to have public liability insurance when such insurance can cost several hundreds of dollars, sometimes equal to 20% or more of the amount of money being sought as a grant from Healthways?
AnswerView source ↗
Answered
9 November 2004
Responded by
Minister for Health
Response time
21 days
Healthway does not insist that all incorporated groups seeking funding must carry public liability insurance. However, its application forms for grants and sponsorships remind applicants to apply a risk management approach to their organisational activities, including consideration of public liability insurance. The application forms read as follows; "As part of implementing a risk management approach to organisational activities, organisations are reminded of the benefits of obtaining public liability insurance cover for such activities. In order for Healthway to understand the extent of public liability cover amongst the organisations it sponsors please answer the following questions: Does your organisation currently have public liability insurance cover? Yes/No If No - please state why If yes - what is the level of public liability cover?" Where an organisation advises that it does not have public liability cover and no explanation is provided, Healthway may discuss this with them, in particular to clarify the nature of the activity and to ascertain whether they have considered the issue and are satisfied that no public liability insurance is required. Legal advice received supports Healthway's approach as being corporately responsible, taking into account the nature of the activity and capacity of the organisation when making funding decisions. Following this process, Healthway has provided funding to organisations that did not directly have public liability insurance coverage. (3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
Does your organisation currently have public liability insurance cover? Yes/No If No - please state why If yes - what is the level of public liability cover?"
If No - please state why If yes - what is the level of public liability cover?"
If yes - what is the level of public liability cover?"
Legal advice received supports Healthway's approach as being corporately responsible, taking into account the nature of the activity and capacity of the organisation when making funding decisions. Following this process, Healthway has provided funding to organisations that did not directly have public liability insurance coverage. (3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
Following this process, Healthway has provided funding to organisations that did not directly have public liability insurance coverage. (3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
(3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
Does your organisation currently have public liability insurance cover? Yes/No If No - please state why If yes - what is the level of public liability cover?"
If No - please state why If yes - what is the level of public liability cover?"
If yes - what is the level of public liability cover?"
Legal advice received supports Healthway's approach as being corporately responsible, taking into account the nature of the activity and capacity of the organisation when making funding decisions. Following this process, Healthway has provided funding to organisations that did not directly have public liability insurance coverage. (3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
Following this process, Healthway has provided funding to organisations that did not directly have public liability insurance coverage. (3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
(3) A majority of Healthway's sponsorship contracts currently include clauses indemnifying Healthway from public liability associated with the sponsorship and this requirement is being extended to all sponsorship contracts.
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