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Basketball Australia -
Managers Risk Management Toolkit
Management Risks

• Supplier / Customer Contracts
• Employment Liabilities and OH&S
• Workers Compensation

Supplier / Customer Contracts

1. Ensure that all contracts of your suppliers do not contain any waivers of subrogation, or indemnify them against their actions. Look at the warranty provisions to ensure that there is a warranty of fitness and fit for purpose specified.
2. Do not agree to have any parties noted as an insured on your policy. Your insurance policy is your own, and allowing other unrelated parties to be named on your policy allows them to potentially submit their own losses without regard to you the principal insured. It may also be dual insurance.
3. Any principal under a contract can be noted as a Principal on your policy. This will provide them with indemnity them for their vicarious liability arising out of your actions. (subject to policy terms and conditions).

Employment Liabilities and OH&S
Some of the most litigious areas of business arise out of workplace employment matters. As such it is vital that you have where applicable the following Processes:

1. An OH&S guide including injury management for employees. If you do not have one, this can be obtained from your workers compensation provider. (contact you broker).
2. All new employees are provided with an induction, covering email policy, discrimination, equal opportunity, and use of computer systems.
3. There are procedures in place for the employment and termination of staff, and is followed.

Workers Compensation
Workers compensation is mandatory in Australia for all employees. Each state in Australia has its own state based workers compensation programs, and each do differ to some degree as to what is covered (and when). If you have employees over a number of states, It is important that you understand the differences between the states based covers and seek appropriate advice as to how to address any inconsistencies, (from your broker).

New South Wales, South Australia, Victoria and Queensland all have statutory rating on workers compensation and are Government run and sponsored organizations, premium rates are gazetted and are controlled, as such there can be no fluctuation in pricing other than based on claims.

Northern territory, Western Australia, and the ACT, have been allowed to be underwritten by insurers and there is some degree of flexibility of pricing based on loss history.

Should you need any assistance with Workers Compensation, contact your broker for the initial enquiry.

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