Public Liability

This cover protects the HEWA committee, members and event organisers from third party actions where a third party eg members of the public, is killed or physically injured or their property is damaged, due to the negligence of the HEWA committee, member or event organiser.

Cover includes liability:

• Caused by event organisers
• Liability to event organiser who suffer injury whilst involved in organising an HEWA homeschooling event
• Legal costs and expenses incurred when defending a claim

Limit of Liability:

• $10,000,000 maximum

Compensation is NOT payable unless the insurer and/or court decides that HEWA was negligent in its duty of care and that this negligence caused or contributed to the accident.

Do not under any circumstances, admit liability for any accident.  Admitting liability may compromise the insurance company’s ability to defend you.

Home Education WA’s insurance is for its own protection, it is not intended as a personal insurance scheme. 

Cover Provided: 

• This policy will cover the legal liability of HEWA and its members (including children) while participating in HEWA activities within Australia in respect of personal injury and/or damage to property.

• Activities covered include the administration and co-ordination of home educating families, the organisation of social gatherings, functions and conferences.

Does Not Cover:

• Accidents involving Registered Motor Vehicles where covered by Compulsory Third Party, watercraft or mechanically propelled vehicles.

• Accidents involving activity in high-risk sports.  Members instructing home education families in sporting activities must carry their own insurance. 

• Professional Liability. 

• Members instructing home educating families who receive a payment for service whether of monetary or “in kind” value.

Prior notice (at least 21 days) is required on all events.  Complete the Event Notification form here.  

Please note that it is important to view the policy in detail on this link as a complete list of what is covered and what is not can be found here.  This document should be used as a guide only and does not replace the information contained within the Broad Form Liability Insurance document.

Workers Compensation

This cover protects HEWA registered groups who employ a worker(s) who suffer an injury.  Under the Act HEWA are liable to make any payment in respect of the injury.  This cover indemnifies HEWA against that payment and in addition, will pay all reasonable costs and expenses incurred with the insurers written consent.

As an organiser you must take Reasonable Precautions to prevent injury to Workers and must comply with all relevant laws, including the Occupational Safety and Health Act 1984.

For more information on Workers Compensation insurance see Workers Compensation Information Sheet

 Leases and Other Agreements (In Writing)

It is your responsibility as an organiser/group to ensure that venues used for your events are suitable and safe.  Where an organiser/group feels that safety may be at risk due to the conditions of the premises, a letter should be written, and a copy sent, to the owner of the premises outlining the situation and requesting immediate action to remedy the problem.  Please forward a copy to HEWA.

Responsibility

The Legal Liability section of the policy will protect HEWA members in the event that they are legally liable for an accident occurring in connection with our activities.  However, it is important to remember that HEWA’s insurer only agrees to cover you on the condition that you comply with relevant government requirements and take reasonable precautions to prevent injury to person and damage to property.

Parents are fully responsible for the safety and discipline of their own children and/or those in their care, and they should take all necessary steps to ensure accidents do not happen.  Children should be supervised at all times. 

Supervision of children should always be by a specific, responsible adult who has agreed with the parents to take care of the child and who has agreed to abide by the HEWA Code of Conduct.

Proof of this agreement shall be the signing in of children on the Event Attendance Register for the activity or the Event Registration Form.

It is the duty of all individuals to ensure they protect the children in their care from injury.  We do not have child care at any Home Education WA activities unless specifically stated in advertising regarding that event, in which case qualified people will be employed to care for children.

Action by children or adults which may place the group or the Association in a liable situation cannot be permitted and every effort should be made to ensure that this situation does not occur.

 Risk Assessment

 It is important that a risk assessment is done prior to one off events or on a regular basis for ongoing events.  HEWA can assist organisers through this process.  For more information on Risk Management see the Risk Management section of the HEWA Policies and Procedures.

Registered Vehicles

Home Education WA cannot accept any responsibility for accidents arising from the use of motor vehicles in connection with home education activities.  It is essential that any such vehicles be fully insured in respect of Third Party Injury and Property Damage Liability before use is authorised.

Insurance for external HEWA events is currently on hold while we navigate new WHS changes. Please contact us before committing to any events requiring insurance.

The following information will assist organisers of Home Education events to bring their activities under the HEWA’s Public Liability Insurance and/or Workers Compensation Insurance.  It outlines the process by which you may bring your event under HEWA and explains the forms and other material in this kit.

Once you have read through the information if you would like to access this service as part of your membership, please complete this form at least three weeks prior to the event occurring or the groups commencement.  Please be aware that HEWA’s Public Liability insurance covers only public liability and not personal injury insurance.

Firstly, thank you for whatever you are organising for the mutual support of home educating families.

Some members donate considerable time and effort in organising events for the home education community.  Some also donate personal costs in running their events.  Most of the people who benefit by their organising will not be aware of the costs until they organise an activity themselves.  Until then, on their behalf – thank you.

Insurance Coverage

HEWA offers three types of insurance coverage:

• Social
• Class based
• One off Event

Social Group

Groups who meet some or all of the criteria below:

• Meet on a regular or semi regular basis
• Have semi-formal/structured activities 
• No paid instructors
• Parents are in attendance at all times

All groups that register with HEWA for insurance are required to implement HEWA policies and procedures.    

A member(s) of the group is required to complete the following every 2 years:

• An eLearning module on Risk Management and Work, Health and Safety.
• An eLearning module on Protective Behaviours

Once per year each group will provide an article and pictures based around the groups activities, for inclusion in HEWA promotional material and public website.

Social groups can have members who are not registered with HEWA, however these non members are required to pay a surcharge of $10/family/term or 20% of the total cost of the activities (whichever is the greater) to cover insurance. It is the responsibility of the group organiser(s) to remit these fees to HEWA at the end of each term.

To access this service complete this form at least three weeks prior to the date you wish coverage to commence.  Upon receiving the application, HEWA will email confirmation of your group’s coverage once it has verified your event meets the criteria.  Your event or group will then be placed on the official HEWA Directory on the website.  When and if you disband your group, please advise HEWA so we can ensure its removal from the website Directory.

For more information on insurance coverage see  Summary of Policies.

Class Based Group

Groups who meet some or all of the criteria below:

• Pay instructors on a weekly, fortnightly or semi regular basis
• Have semi-formal/structured activities/classes
• Parents are not required to be in attendance at all times.
• A sign in/out register is maintained

All groups that register with HEWA for insurance are required to implement HEWA policies and procedures.   

A member(s) of the group is required to complete the following every 2 years:

• An eLearning module on Risk Management and Work, Health and Safety.
• An eLearning module on Protective Behaviours

Once per year each group will provide an article and pictures based around the groups activities, for inclusion in HEWA promotional material and public website.

Class Based groups can have members who are not registered with HEWA, however these non members are required to pay a surcharge of $10/family/term or 20% of the total cost of the activities (whichever is the greater) to cover insurance. It is the responsibility of the group organisers to remit these fees to HEWA at the end of each term.

All service providers/instructors who are used by the group must have their own Public Liability insurance and Working With Children Card.

The Service Provider/Instructor Contract for Service will be with HEWA so that they are covered under HEWA’s Workers Compensation insurance.  If more than one group uses the same Service Provider/Instructor, there will be a separate contract for each group.  

At the start of each term the contract fee for the Service Provider/Instructor will be deposited in to the nominated HEWA bank account by the Group Organiser.  HEWA will then pay the Service Provider/Instructor as per the terms of the Contract for Service.  It will be the group’s responsibility to ensure that they have collected from members, the funds necessary to pay the contract fee to HEWA.

Service Providers/Instructors are invited to access the eLearning module on Risk Management and Work, Health and Safety. 

To access this service complete this form at least three weeks prior to the date you wish coverage to commence.  Upon receiving the application, HEWA will email confirmation of your group’s coverage once it has verified your event meets the criteria.  Your event or group will then be placed on the official HEWA Directory on the website.  When and if you disband your group, please advise HEWA so we can ensure its removal from the website Directory.

For more information on insurance coverage see  Summary of Policies.

One off Event

An event that meets some or all of the criteria below:

• Hire an instructor/contractor on a one off basis
• Have semi-formal/structured activity/class
• Parents are not required to be in attendance at all times.
• A sign in/out register is maintained
• Is held at the Excursion Providers venue which includes an organised activity provided by the Excursion host.

All groups that register with HEWA for insurance are required to implement HEWA policies and procedures. 

Event participants who are not registered with HEWA are required to pay a surcharge of $3/participant/event or 20% of the total cost of the activity (whichever is the greater) to cover insurance. It is the responsibility of the group organiser(s) to remit these fees to HEWA at the end of the activity.  Event organiser(s) may hold one “free of charge” event/term which will be exempt from the fees outlined above.  Any additional “free of charge” events held during the term will attract the surcharge outline above.

All service providers/instructors who are used for the event must have their own Public Liability insurance and a Working With Children Card.

To access this service complete this form at least three weeks prior to the date you wish coverage to commence.  Upon receiving the application, HEWA will email confirmation of event’s coverage once it has verified the event meets the criteria.  The event will then be placed on the official HEWA Directory on the website.  If the event is cancelled for any reason, please advise HEWA so we can ensure its removal from the website.

For more information on insurance coverage see  Summary of Policies.

Running Events

Non-Profit Activity

Home Education WA is a non-profit organisation and as such all activities organised under its umbrella must be non-profit.  Members cannot run personal profit making ventures under HEWA.  They cannot be personally paid for their time and effort.  They can raise funds for the HEWA or toward future HEWA activities eg as a buffer against future loss.  They may recoup costs if they wish (eg postage, petrol, card fees) and they may pay reasonable allowances (eg car running costs, phone).  They may cover their personal ticket cost in place of such costs.  These seem reasonable allowances.

Finances

Members organising events and handling money need to keep an accurate account of income and expenditure for transparency.  Money must be accounted for so keep records attached to Attendance Forms.  This financial information must be available upon request by the HEWA Coordinator.

Groups that organise regular activities, particularly those who handle significant sums of money, are advised to open their own bank accounts and manage their finances appropriately. 

Advertising your event. 

For insurance purposes HEWA’s name must be printed on any publications (including newsletters or advertising of individual activities covered by the HEWA.  The wording “Public Liability provided by Home Education WA” is sufficient. 

Your event or groups activity will be automatically listed on the Events Calendar and the HEWA Groups Directory on the HEWA website.

When advertising, be mindful that your advertisement does not discriminate unlawfully or make erroneous claims.

After the event or at the end of each term, please consider sending in an item for publication in HEWA News or on the HEWA website.   Emails can be sent to coordinator@hbln.org.au

Membership 

For your event or group to access HEWA’s insurance, all participants who attend your activity, need to contribute towards the cost of insurance.  There are two ways to do this:

• Non members pay a surcharge of $3/participant/event or $10/family/term or 20% of the total cost of the activity (whichever is the greater) to cover insurance.

A register of those attending groups or events needs to be kept for insurance purposes, and a copy of the register must be sent to HEWA at the start of each term or once the event has occurred.  It is vital that the register is accurate as an incorrect register could void your insurance coverage.

Non-Discrimination Policy

The organiser of any event may limit attendance in a legal way.  Typically, all events are targeted to a specific age or interest group, and the size of a group is limited for various reasons.

However, it is generally against the law to discriminate against people because of their age, sex, race/ethnic group, marital status, pregnancy, disability, homosexuality or transgender. 

Organiser(s) should be aware that HEWA only provides insurance cover for events that abide by discrimination law, the HEWA Code of Conduct and relevant HEWA Policies and Procedures.

Duty of Care/Risk Management

Your duty of care is your legal duty to take reasonable care to avoid others being harmed.  This is often referred to as Risk Assessment and Management.

First, you must take steps to identify risks: any reasonably likely harmful effects of your actions and inactions. (The law calls this reasonable foreseeability). This is not crystal ball gazing but using your skills, knowledge and experience.

If you identify a reasonably likely risk of harm, you must take reasonable care in response – perfect care is not required!

The principle of reasonable care recognises that you have limited resources and limited ability to protect people from harm.

For more information on Duty of Care see the Risk Management section of the HBLN Policies and Procedures.

Points to Remember

If you plan to photograph or video part or all of the events you need to inform people and receive their permission.  This is best done by having them fill out a Photography Release Form which should be kept on file along with any other papers from the event.

….  and finally, thank you for generously volunteering your time to organise an event for the mutual support of home educating families.