The sporting industry in Australia is now at a stage in its evolution where responsibilities of coaches and administrators has increased.  It is essential that coaches and administrators are aware of their roles and responsibilities in relation to their activity, the risks associated with their activity and ways of managing or minimising the effects of those risks.

Coaches in sport are under a legal duty to exercise reasonable care to avoid injuring participants under their control.  A breach of this legal duty is called negligence.  Negligence is unintentional harm caused to others as a result of some degree of carelessness.  It occurs when a person does, or omits to do, something that a prudent person would do, or fails to do.

The Australian Coaching Council "Beginning Coaching" booklet has identified a number of key duties for coaches to reduce the possibility of exposure to negligence suits.  They are as follows:

• Provide a safe environment.
• Activities must be adequately planned.
• Athletes must be evaluated for injury and incapacity.
• Young athletics must not be mismatched (see case study below).
• Safe and proper equipment should be provided.
• Athletes must be warned of the inherent risks of the sport.
• Activities must be closely supervised.
• Coaches should know first aid.
• Develop clear written rules for training and general conduct.
• Coaches should keep adequate records.

While these steps are not exhaustive, implementing them will substantially reduce the chances of a successful claim of negligence against a coach

Case Study; Rugby Union - Hamstra st al. v British Columbia Rugby Union [1989] I C.C.L.T. (2D) 78.  Mark Hamstra was a junior rugby union player trying out for the B.C. provincial team.  In a regional selection match, he suffered a serious injury resulting in quadriplegia when the scrum in which he was playing the position of hooker collapsed.  He sued the coach alleging that the scrum collapsed as a result of a coaching error.  It was alleged that the coach mismatched the athletes playing the prop positions alongside him.

More particularly, Hamstra argued that the athletes placed beside him were neither skilled nor fit enough to play the prop position competently.  It was argued that the coach ought to have known there was a risk that the scrum would collapse thus leading to the very type of injury Hamstra suffered.

The following are some useful general safety principles and procedures extracted from 11. Opie "Coaching and the Law" Sports Coach 1993 adapted from J. Barnes, Sports and the Law in Canada (2nd ed 1988), pp 272 - 274:

• Take reasonable precautions to see that the general conditions of an activity involve no unnecessary risks.  For example, what is the condition of the playing field?  Is it clear of sharp objects, pot holes or sprinklers protruding out from the surface?

• Limit numbers to prevent over-crowding.

• Know the sport.

• Give instructions and warnings about ordinary and unexpected dangers.

• Implement health screening procedures to identify participants who may be medically unsuited to the activity.

• Exercise efficient supervision to protect the young or inexperienced.

• Exercise reasonable care in selecting and fitting equipment, including protective equipment

• Take reasonable care to remove obstructions and prevent collisions.

• Operate efficient regulation and control by signals or by other communications

• Match participants fairly.

• Take reasonable steps to ensure that medical care is present or accessible and be prepared to remove injured players from participation.

• Conduct regular safety inspections and review of equipment, facilities and operating procedures.

• Take reasonable steps to ensure that the skills and qualifications of personnel are current.

• Record accidents and injuries and review safety procedures and if necessary modify the rules of the activity.

                                                                      ....Continued