Community Development - test one


Here is a quiz to see if you have a sound understanding of the Incorporations Act, its limitations and advantages. Take your time, and take care, because sometimes the incorrect answer looks right.

1. The introduction of the Incorporations Act came about principally because of:

individual committee members require protection from liability
increasingly large damages claims against sporting clubs
the prevalence of litigation
All of the above
None of the above

2. Sporting clubs that do not own the land or premises they use are not liable for any damages claims by those injured on that land or premises.

This statement is true
This statement is not true.

3. One of these statements is not true. Can you pick it?

Duty of care does not include the uninvited or trespassers
It is important to notify participants at any event of potential dangers
Duty of care extends to visitors salesmen and tradesmen
Potential dangers that cannot be avoided need to be adequately signed

4. The occupier is not liable if the injured party can prove:

the injury was a foreseeable consequence of the occupier’s failure to take reasonable care
the injury was a result of negligence on the part of the occupier
Both of the above
Neither of the above

5. Sporting clubs cannot be held liable if the injuries suffered on the field of play were beyond what might reasonably be expected.

This statement is not true
This statement is true

6. By playing in a competitive sport, players are taken to have consented to a reasonable degree of physical activity and contact, but:

if beyond the bounds of reasonableness, the opposing player’s club cannot be held liable
an injured player can claim damages if play was beyond the bounds of reasonableness
Both of the above
Neither of the above

7. Monetary damages claimed by an injured party from the occupier can include:

compensation for pain and suffering
past loss of income
future loss of income
medical expenses
all of the above

8. Clubs or groups are strongly urged to seek protection from liability by incorporation instead of insurance

This statement is true
This statement is not true

9. If a judgement is made in favour of an injured party, an unincorporated body would normally:

set up liability insurance
meet costs out of members’ pockets
result in the executive being personally liable
All of the above
None of the above

10. An unincorporated body, as distinct from its committee and members can be sued for damages.

This statement is true
This statement is not true

11. If an action against an incorporated body is successful:

the body’s assets cannot be sold to satisfy that judgement
the members of the body will not be personally liable
Both of the above
Neither of the above

12. Sporting clubs and community groups should, therefore take all due care for the safety of:

their members and players
the public attending the events
Both of the above
Neither of the above

13. The club official of an incorporated body found negligent:

has protection from personal liability
has no protection from personal liability
cannot be sued so cannot be found negligent
All of the above
None of the above

14. Incorporated bodies can enter into contracts because they are:

not a recognised legal identity
not able to sue or be sued
Both of the above
Neither of the above

15. The business world is reluctant to contact with an incorporated body because the committee or executive may change during the life of the contract.

This statement is true
This statement is not true

16. The rule of ‘perpetual succession’ means:

once the contract has began it cannot secede
the contract is binding even if the officers on the body may change
long-term contracts cannot be entered into with an incorporated body
the contract is not binding if the executive changes

17. Clubs or groups are well advised to have protection by both incorporation and insurance.

This statement is true because it offers complete protection
This statement is false because there's no need to have both

18. One of these statements is incorrect. Can you pick it?

An injured person would not be able to recover damages if the uninsured and negligent club had no assets
The assets of an incorporated body are protected under the Incorporations Act
Insurance offers member to member protection without the disposing of the club’s assets to satisfy a damages claim
Groups and clubs have a moral duty to protect its members through insurance

19. Insurance policies provide cover for all types of injury in all sets of circumstances.

This statement is not true
This statement is true

20. If an insurance company successfully denies liability:

the incorporated body cannot be held liable
the executive or committee of an unincorporated body will be personally liable
the assets of the incorporated body are still protected

21. The limit of liability for an unincorporated body is the total amount of the insurance cover.

This statement is true
This statement is not true

22. The procedure for incorporation includes the following processes, except one. Can you identify it?

convene a meeting of members of the association prepare a statement of purpose and/or model rules
terminate any contract smade with the unincorporated body prior to becoming incorporated
identify all trusts and collate all deeds and instruments
appoint the applicant, approve the name and approve the statement of purpose
Name:
This worksheet was built by Glenn Trigg's form builder page.
ggt@plasform.com.au