❓ A WA parliamentary question seeks information on lawsuits and threats of lawsuits against not-for-profit community groups, and the Minister's response outlines the Department's contracting policies and insurance requirements for funded service providers.
AnsweredQoN 2725Legislative Assembly
Asked
24 March 2004
Member
Portfolio
Community Development, Women's Interests, Seniors and Youth
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
4 May 2004
Responded by
Minister for Community Development, Women's Interests, Seniors and Youth
Response time
41 days
(1) I am aware that occasionally organisations may be sued or threatened with being sued for negligence or for other reasons including industrial matters. However, in instances where this may represent a breach of a Service Agreement, this is a matter that is managed under the contractual arrangement between the Department for Community Development and the funded service provider.
(2) In accordance with the State Government’s Funding and Purchasing Community Services policy (October 2002) the Department contracts with incorporated not for profit organisations, local government authorities and religious organisations.
(3) refer (1)
(4) refer (1)
(5) refer (1)
(6) In accordance with the State Government’s Funding and Purchasing Community Services policy (October 2002) the Department contracts under an standard across government Service Agreement (managed by the State Supply Commission) which includes a range of minimum insurance requirements. The minimum insurance requirements have been determined based on advice by the Insurance Commission of Western Australia and the State Solicitor’s Office.
(2) In accordance with the State Government’s Funding and Purchasing Community Services policy (October 2002) the Department contracts with incorporated not for profit organisations, local government authorities and religious organisations.
(3) refer (1)
(4) refer (1)
(5) refer (1)
(6) In accordance with the State Government’s Funding and Purchasing Community Services policy (October 2002) the Department contracts under an standard across government Service Agreement (managed by the State Supply Commission) which includes a range of minimum insurance requirements. The minimum insurance requirements have been determined based on advice by the Insurance Commission of Western Australia and the State Solicitor’s Office.
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