Law and the Sport Organisation
Managers and/or committee personnel of a sport organisation need to have a basic knowledge of the law as it affects the organisation.
The most common legal issues include:
- Ensuring the organisation is incorporated, and making an application for incorporation if it is not
- Challenges from organisation members that actions of the committee are not compliant with organisation rules (the constitution) and therefore in contravention with legislation on Association Incorporation.
- Accusations that a manager, committee person or other important club organisation official has been involved in decision making on a matter in which they have a conflict of interest
- Liability that may arise as a result of a breach of duty of care and injuries sustained by sport participants or spectators or other persons while on the premises of the organisation, or while pursuing events organised by the organisation
- Natural justice issues that arise out of disciplinary hearings
- Liability and penalties that may arise out of the failure to pay taxes or other statutory charges e.g. tax deducted from employee remuneration, good and services tax or value added tax, superannuation for employees.
- Child Protection legislation and the requirement for the organisation to comply with procedures to ensure that all organisation personnel who act in an official capacity with persons under the age of 18 have undergone a criminal history check and have been given clearance by government agencies. Note that there are often some exceptions in who must undergo a criminal history check.
- Lack of oversight and compliance with laws regarding fundraising
- Compliance with privacy legislation in regard to the collection, storage, safe-keeping and use of personal information of the organisation's members/customers.