Incorporation

In all states of Australia it is possible for voluntary associations to incorporate. It is strongly recommended that all groups involved in outdoor adventure activities be incorporated under either associations incorporation legislation or the corporations law. It is important to make it clear that any contract entered into is on behalf of the organisation and members, and not by the individual who personally signs it. If an organisation is unincorporated, members of a committee of management may find themselves personally liable for contracts on the basis that they were the persons who entered into the contract. Note however that incorporation is not a defence to a claim against an individual who was ‘personally’ negligent, in an action for damages for negligence. It does however offer some protection to other members of the organisation who were in no way connected with the negligent act or omission.