Association Liability

Not for profit and charitable associations provide vital services to the community. Managing a not for profit organisation can, however, carry with it a significant element of liability risk to individuals.

Board members and senior managers can be held personally liable for their actions or failure to act in certain circumstances.

Association Liability Insurance provides protection for the organisation as well as its Directors and Officers from a range of exposures relating to employment practices, fraud or fines and penalties. It also extends to protect against errors or omissions in the provision of advice and training.

The Association Act of 2009 introduced increased penalties for Director and Officers who breach their legal duties.  Examples of such breaches are:

  • Conflict of interest
  • Misuse of knowledge gained on Board
  • Misuse of position on Board
  • Trading while insolvent
  • Complicit involvement

An Association Liability policy typically covers your legal defence costs as well as the compensation and legal costs incurred in response to allegations of ‘wrongful acts’ committed by a Not For Profit organisation, and/or its management.

Who does Association Liability protect?

Normally the association and its directors, secretaries, officers, trustees, committee members, employees, volunteers and any individual acting for the association at the direction of a board or management committee of the Association.

It is important to note however that cover will not apply in cases where illegal personal gain or advantage is acquired, or a criminal or fraudulent act is proven.

Who needs Association Liability Insurance?

  • Industry Associations
  • Charities and other Benevolent Societies
  • Educational Institutions / Universities
  • Political Associations
  • Professional Associations
  • Licensed Clubs
  • Religious and Community Organisations
  • Sporting Associations
  • Unions

Every Not For Profit organisation’s insurance needs are different, and will require a tailored risk solution. Whitbread recommend you speak to an insurance broker who can assist you in obtaining the right cover for your organisation.

Please Note: Below are some of the more common insurance policy features, however, the list is not exhaustive and some features may not be offered by certain insurers. Please refer to the insurer-specific policy wording for inclusions, exclusions, terms and conditions. 

Covered Features

Fidelity & Crime

Covers the organisation against loss of money, securities or inventory resulting from fraudulent or dishonest acts committed by their employees.

Internet Liability

Protects the organisation against third party claims that arises from internet operations. Incidents such as data security breach or privacy loss.

Directors & Officers

Provides protection to all Directors & Officers for legal liability they may incur personally in managing an association.

Tax Audit

Covers the organisation against Taxation audit charges incurred by ATO.

Professional Indemnity

Provides protection to the Association against legal liability which it may incur through the conduct of its activities or the provision of services. 

Volunteer Protection

Covers the liability exposure to the volunteers you have enlisted to carry out the work of your organisation.

FAQ's:

An Association Liability policy is a packaged policy that is designed to meet the needs of Not for Profit Associations whereas a Management Liability policy is designed to meet the needs of a Pty Ltd company. Under an Association Liability policy the package may also include Professional Indemnity whereas the Management Liability will not.

Yes, under the Fidelity or Crime section of the policy it will provide cover subject to the excess applicable on the policy.

Yes, under the Employment Practices section of the cover. It is important that you ensure the policy defines volunteers as employees within its terms and conditions.

If the ATO wish to audit the Association this cover will step in and provide cover for the Accountants fees to prepare the  paperwork for the audit.

Under the Associations Act 2009 there are increased legal requirements and tougher penalties for board members including offences such as Conflict of Interest, Misuse of knowledge gained on a board, Misuse of position on board, trading while insolvent and complicit involvement.

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