Hi there. Netball Australia, of which Netball Victoria is a member organisation, has in place a national insurance program that is underwritten by a third party insurer. This means that all players, coaches, volunteers, officials, clubs and associations that are affiliated or members of Netball Victoria will be covered by this national insurance program. The policy includes personal accident insurance, which encompasses injuries sustained by players in organised club competitions, coaching clinics, official events, playing, training, trialling, official fundraising and social activities, and travel to and from these activities. More details about the insurance policy are available on the Netball Victoria website (http://vic.netball.com.au).

It is not clear what you mean by wanting players to “play at their own risk”. If you mean that you no longer want to pay to be part of the national insurance program offered by Netball Australia (and therefore lose your protection under this insurance policy), then raises a number of problems.

First, it may be a condition of your club or association’s membership with Netball Victoria that you participate in the national insurance program. You should check with Netball Victoria to see if your association is permitted to “opt out” of the insurance policy.

Second, removing this policy would mean that your association would not be insured in the event that a player (or coach, volunteer, spectator, etc) suffers an injury or otherwise makes a claim for compensation against your association. If this were to happen, without an insurance policy in place, your association may be required to pay out a large sum of money as compensation. You would need to consider whether your association can afford to take this type of financial risk.

You mentioned the need for players to sign something, such as a disclaimer or waiver. These are legal documents designed to reduce or minimise the liability of one party (the association) in relation to another (the player). However, these documents can never fully protect you, as an association, from potential legal liability, even if the players agree (by signing the document) to play at their own risk. As an association, you will still owe a duty of care to your players and a player could potentially sue you for negligence in the event they suffer an injury as a result of your conduct.

Suggested way forward

You should contact Netball Victoria for more information about their insurance scheme and what it means for your association. Trying to operate outside this insurance scheme could be risky, especially if your players are regularly engaging in activity that has a high risk of injury. You should consider speaking to a lawyer about your association’s legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.