QLD How does indemnity protect committee members of an unincorporated association — namely the President, Secretary, and Treasurer?

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Alistair Ignacio

Active Member
10 November 2018
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Hi! I was wondering how indemnity works in relation to an unincorporated association. What do you need to ensure to know that you are absolutely protected? What laws relate to indemnity requirements / elements? Especially pertaining to the roles of President, Secretary, and Treasurer.
 

Tim W

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28 April 2014
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When you say "unincorporated association"... what kind?
Sports club? Church? Or...?
 

Alistair Ignacio

Active Member
10 November 2018
11
0
31
When you say "unincorporated association"... what kind?
Sports club? Church? Or...?
A community non profit organisation that provides support for their respective community, for example, fundraising for or finding volunteers to work in aged care facilities in their community.
 

Tim W

Lawyer
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28 April 2014
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And what's the back story to your question?
 

Tim W

Lawyer
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28 April 2014
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That I want to know about it.
Well, in short and simple, there isn't any indemnity of the kind you're thinking about.
The members of an unincorporated association can be sued personally (for example, in negligence, or nuisance), and sometimes, prosecuted personally (such as for stealing, WHS breaches, or child welfare failings).

There was a bunch of new law about this that commenced in Queensland a couple of years ago.
People made changes to their organisations to line up with it.
That may be what you are noticing.
 

Alistair Ignacio

Active Member
10 November 2018
11
0
31
Well, in short and simple, there isn't any indemnity of the kind you're thinking about.
The members of an unincorporated association can be sued personally (for example, in negligence, or nuisance), and sometimes, prosecuted personally (such as for stealing, WHS breaches, or child welfare failings).

There was a bunch of new law about this that commenced in Queensland a couple of years ago.
People made changes to their organisations to line up with it.
That may be what you are noticing.
I see! Is it okay to ask which laws and maybe cases that maybe address this? Especially in Queensland? I tried googling but all I see are generic fact sheets and they’re not really sourced all that well.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
You a normal human being, not a lawyer, yes?
On which basis, the various fact sheets, guides and websites
written in non-lawyer language, that are meant for the information normal people
are probably what you need.

Unincorporated associations are creatures of the common law.
There's lots of caselaw about the liability of individuals in unincorporated bodies.
Some of it is very notorious (such as Ellis v Pell).

Perhaps if you...
  • tell us a bit of background, and
  • ask the question that you really want answered, and
  • tell either us what you've been told
    (that you are trying to check, or trying to disprove), or
  • the point you're trying to make yourself, or
  • who you're trying to convince by waving bits of law in their face

    ...you may get some more useful commentary.
 

Alistair Ignacio

Active Member
10 November 2018
11
0
31
You a normal human being, not a lawyer, yes?
On which basis, the various fact sheets, guides and websites
written in non-lawyer language, that are meant for the information normal people
are probably what you need.

Unincorporated associations are creatures of the common law.
There's lots of caselaw about the liability of individuals in unincorporated bodies.
Some of it is very notorious (such as Ellis v Pell).

Perhaps if you...
  • tell us a bit of background, and
  • ask the question that you really want answered, and
  • tell either us what you've been told
    (that you are trying to check, or trying to disprove), or
  • the point you're trying to make yourself, or
  • who you're trying to convince by waving bits of law in their face

    ...you may get some more useful commentary.
Well I’m actually a law student hehe, but I don’t think my university has an insurance law unit or at least I haven’t gotten to that point yet. I asked a former law student in the same uni whether they studied about this but they said they never did so I was hoping to read up on this in advance.
 

Alistair Ignacio

Active Member
10 November 2018
11
0
31
You a normal human being, not a lawyer, yes?
On which basis, the various fact sheets, guides and websites
written in non-lawyer language, that are meant for the information normal people
are probably what you need.

Unincorporated associations are creatures of the common law.
There's lots of caselaw about the liability of individuals in unincorporated bodies.
Some of it is very notorious (such as Ellis v Pell).

Perhaps if you...
  • tell us a bit of background, and
  • ask the question that you really want answered, and
  • tell either us what you've been told
    (that you are trying to check, or trying to disprove), or
  • the point you're trying to make yourself, or
  • who you're trying to convince by waving bits of law in their face

    ...you may get some more useful commentary.
Also, I didn’t say the fact sheets themselves were unhelpful. Just that I wanted to read up more on the actual laws but since they’re not sourced well, I wasn’t sure which ones I should read up on.