LEGAL DUTY OF CARE

The management of risk at football clubs is something that I fear may not be as high a priority as it perhaps should be. As an organisation a football club or any sporting club for that matter must ensure that any person partaking in any activity run by the club is protected from all reasonably foreseeable risks of harm. Clubs would be very smart to familiarise themselves with their “Duty of Care” responsibilities.

Outside of Football I have spent many years in Risk Management mostly in the Hospitality industry, a decade as a Corporate Risk Manager for an International Hotel chain. SAFETY is EVERYBODY’S responsibility, and therefore every committee member, manager, coach, player and indeed parents of players have a role in managing risk at their club.

There are some very simple rules when addressing the management of risk. These are:

IDENTIFY (the risk) ask yourself, “What can go wrong here?”

ANALYSE (the risk) ask yourself, “How can we avoid something going wrong?”

EVALUATE (the risk) ask yourself, “What would be the consequences?”

TREAT (the risk) Do something about it! Plan how to eliminate or minimise the possibility of something going wrong.

Meeting ones legal responsibilities (Some examples)

• Ensure that coaches and other club members have a current “Blue Card”.
• Ensure that suitably qualified first aiders are available during activities.
• Ensure that equipment is appropriately secured to prevent accidents (E.g Goal posts)
• Ensure that players training areas are free of debris
• Ensure that children do not climb on fences
• Ensure that adults DO NOT SMOKE around children
• Ensure that the NO SMOKING laws in licensed premises are adhered to.
• Ensure that owners of dogs do not allow their dogs to be unleashed particularly during a children’s training session.
• Ensure the general supervision of children
• Ensure that injuries are properly managed
• Ensure that there is adequate lighting
• Ensure the timely repair of fences and gates

Clubs have a duty of care to provide a safe environment, and also a have responsibility to make themselves aware of State Government laws in respect of health & safety. REMEMBER in the eyes of the law “Ignorance is no excuse”.  Smoking in the presence of children is irresponsible and club officials are reminded that it is their responsibility to ensure that parents or spectators DO NOT SMOKE anywhere on the playing fields and/or dressing rooms. Club officials have a responsibility to ensure that NO SMOKING occurs inside the club house and indeed on the balcony.  The laws in respect of this are below listed.

 Since 1 January 2005, outdoor tables that are within 4 metres of the entrance to any non-liquor licensed food or drink business must be no-smoking.

For details on the laws go to the Tobacco and Other Smoking Products Act 1998.

From 1 July 2006, non-enclosed eating and drinking areas where food or drink is provided as part of a business, must be no-smoking.

This general rule applies to all businesses.

• You can have an outdoor smoking area, as long as the food or drink you sell is not provided or consumed in the area, and the area is not within 4 metres of a building entrance.
• You do not need to have a buffer zone between the smoking area and other outdoor areas.
• Your obligation is to ensure that patrons only smoke in this area and no food or drink is served to patrons, taken into, or consumed in this area.

Fact sheet - outdoor eating or drinking areas

Please call the Tobacco Hotline 1800 005 998 with any questions or for assistance.

It is recommended that club newsletters provide a clear direction in respect of the clubs stance on risk management, and most importantly that every incident/accident on the premises is appropriately documented and investigated.

In conclusion, when next you approached by a club official and asked to refrain from any conduct unbecoming please know that these people are protecting the clubs interests which is after all your interests.

Joe Fenech
Head Coach
Taringa Rovers FC