Discrimination and Negligence
Our first irate DISCRIMINATION complaint was made to State Office within two hours of the first day of business this year. (By the time you read this our first NEGLIGENCE complaint will most likely have been made.)
Discrimination
Do not discriminate against eligible youth members on your waiting list.
Leaders determine the reasonable safe number of youth they can deal with,whilst ensuring the reasonable safety as well as meeting their duty of care. It is for this reason that many groups have waiting lists of prospective eligible members. It is discrimination against these eligible prospective members, who had waited patiently for their turn to come, to be ignored simply because some parent believes their child has special requirements. That their child should jump the queue granted immediate membership and thereby increase the number of active members and the risk to all. Also they usually threatening the Leaders with 'serious' action. These 'special' children should join the queue and be assessed as to eligibility like any other child. (Our legal eagles agree.)
Leaders should read Leader Support Guide 20 as this deals with children who should, or should not, belong to our organisation.
Negligence 1
(The word for duty of care.) The biggest risk of a claim of negligence, against a leader, is likely to be against someone who regularly and consistently runs meetings and activities by themselves, those who have no second leader and more importantly no parent roster, remember you can always make use of Rovers on a roster, if you can find them.
(I realise this is difficult but a Group that has actively tried to recruit Leaders and set up Parent Rosters can claim they are not negligent but very responsible, especially if they have such appeals in writing in flyers and newsletters to parents, and they occur regularly.)
Negligence 2
The next most common is where leaders have knowingly departed from our policies and procedures, especially where A1 forms and the indemnity sections haven't been used. There is even a possibility that our insurers might deny a claim against them.
Leaders should read Leader Support Guide 29 on Activity forms and the risk in not using them.
Negligence 3
I have insured that those of us at State can not be accused of negligence, in these matters, simply by drawing your attention to the issues in this email. Please ensure you can't be accused of negligence by not circulating to your people.
Special Note
Most Cub Leaders was will tell you in case of an accident, or their own sudden illness, Cubs can always go next door and ask for help.
My own personal experience was many years ago on a sunny Saturday morning when the Cubs found their hall open and a group of thugs sleeping on the Scouts gym mats. Two sixes ran just on four kilometres, up streets full of houses, to the police station. When the police arrived at the hall they found 6 dirty tired Rovers who had been fighting a bushfire all night. The Cubs told the police they did not go to a house and to ask them to ring the police, because their parents had warned them never to go to a stranger's house.
An aside to this was one of the Rovers identified himself as the new Assistant Scout leader which eased the tension momentarily. Then one of the Sixes announced. with great authority, and other Cubs agreed, "I have never seen that man before in my life". Fortunately I Akela turned up and the handcuffs were put away.
Warwick Bateman. ACC.



