Edition 12/2002

SIA SafeSport Program An Excellent Initiative

Many of our Sport Monthly Updates during 2002 have referred to the liability insurance crisis that has had dramatic impact on sport and recreation organisations.  This, our final Update for the year, also refers to the liability crisis, but pleasingly it reports on a very positive initiative on the part of Sport Industry Australia (SIA) that will not only lead to sustainable liability insurance premiums but also improved delivery of the sport product due to best management practices being engrained in industry culture.

Over the past eighteen months, SIA has become increasingly concerned about the changes occurring in the insurance market, and the impact of these changes on sporting organisations in Australia.  They have contributed a number of submissions on this issue, to the Assistant Treasurer’s Ministerial Forum; the Review of the Law of Negligence; the Senate Economics References Committee Inquiry into Public Liability Insurance, the Senate Economics Legislation Committee’s Inquiry into the Trade Practices Act Amendment, and appeared before both committees.

In addition SIA was on the Management Committee of the Standing Committee for Recreation and Sport Report on Insurance, has convened a National Members Forum on the issue, and has presented at a number of conferences including the IRR National Public Liability Conference, and the Australian Institute of Actuaries Conference.

While increasing insurance premiums are affecting all sectors of the economy, sport is being particularly hard hit.  The cumulative effect of the various changes in the insurance market is that many sporting organisations, particularly those perceived as high risk and/or with poor claims histories, are faced with huge increases in public liability premiums, or are even having difficulty in obtaining cover at any price.   

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Increases in premiums will inevitably result in one of three outcomes.  Firstly, the organisations will find the funds to pay the premiums, either by imposing substantial increases in membership fees or by diverting funds from other activities within the organisation, resulting in a reduction in the services offered, or potentially losing members unable to bear the increased costs of participating.  We have already seen significant membership fee increases across a number of sports.

Secondly, organisations will seek to reduce the premiums by reducing the level of public liability cover (or even operate without insurance), thus exposing the organisation and its workers to the risk of litigation.  Some organisations, unable to secure insurance from within Australia, are now sourcing their policies from companies without thoroughly researching their security and claims paying ratings, a situation which is clearly unsatisfactory.  Thirdly, the organisations will simply close down, or events which they organise, which have in some cases been held for many years, will be cancelled.

This is already happening, with many events, particularly at community level, being cancelled, and an increasing number of clubs closing down.  The loss of sporting events and clubs will impact negatively on the government’s ability to achieve its desired objectives of a healthy and active population.  Further, our national identity is inextricably linked to our success in sport, and to allow the current insurance situation to continue will change the face of Australian sport by significantly restricting opportunities for participation at all levels and for all ages, eventually impacting on our sporting achievements as a nation. 

One of the key areas where sports can influence the way in which insurance changes are impacting on them is that of risk management.  Many sporting organisations are already aware of the need to implement adequate and standardised risk management practices to reduce their exposure to liability actions.  However the approach to this is often haphazard and inconsistent, and does not put the organisation in a strong position when negotiating insurance policy renewals.                                                    Continued ....