Events overview - legal issues to consider

Do we require a permit(s) from the local council for our event?

The permits that your community organisation may need to obtain prior to holding an event will depend on:

• the type of event;
• the activities to take place;
• the facilities which will be provided to patrons and participants; and
• the particular requirements of the relevant local council.

It is recommended that your organisation always check with your local council to see what council-specific permits you may require before running your event.

Events and activities which generally require permits or licences

Permits are generally required for the following events and activities:

• holding an event on council or other public land;
• setting up a temporary structure or using a venue for a purpose it is not designed for;
• serving food to the public (for more information see our Events involving food page);
• serving alcohol to the public (for more information see our Events involving alcohol page);
• playing live or recorded music;
• displaying signs and banners;
• using gas cylinders to cook or for other purposes;
• using an open flame;
• using fireworks; and
• using the footpath or closing a road.

This is not an exhaustive list and there may be other permits required for your event.

Ways to identify which permits may be needed

One way to identify local, state and federal permits, licences and registrations relevant to your event is to access the Business Licence Information Service (BLIS) on the Business Victoria website.

Although this website has been set up by the Victorian Government to help small businesses, it may be helpful for people involved in community organisations to work out some of the permits, licences or registrations your organisation may need. A link to the BLIS system (and other relevant Business Victoria sites) has been included in the Related Resources section below.

Your community organisation may also want to contact the relevant local council(s) directly. Most councils have officer’s who can provide your organisation with information about permit, venue availability, public liability insurance requirements, selling food or alcohol and other issues associated with your event. This information may also be available on your local council’s website. 

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What should we think about when hiring a venue or equipment?

Your organisation should be aware that an agreement to hire a venue or equipment is usually a legally enforceable contract.

It is important to read the terms and conditions of the contract carefully and make sure your organisation can comply with these. In particular your organisation should be aware of the terms and conditions relating to insurance or indemnity (see below), and your organisation’s obligations to repair or replace any damage to equipment or property.

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What about event insurance?

Getting your own insurance

As the organiser of an event, it is likely your community organisation will need to take out public liability insurance, particularly if your event is to be held on council or public land.

Often the owner of land or venue you are wanting to hire is likely to insist that your community organisation has public liability insurance of at least $10 million. Some councils and other organisations will also ask you to list them in your policy as an 'interested party' and will request a copy of the policy before giving permission to hold your event. Your organisation should not ignore these requirements.

Checking others’ insurance

If your community organisation is booking amusements or other entertainment for an event, insist on a copy of that entertainer's current public liability policy before the event. To better protect the interests of your community organisation, try to ensure that your event entertainers and participants have their own public liability insurance. Even small stall holders should have their own public liability insurance.

Additional insurances

There may be a range of other insurances that your organisation will be required to get or will need to consider:

• if you are selling food or other products to the public - product liability insurance;
• if you are relying on volunteers to help you with the event - personal accident (volunteers) insurance;
• if you are hiring employees to help you with the event – workers compensation insurance (WorkSafe Injury Insurance).

For more information about insurance, see Getting Started > Insurance.

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What are our legal obligations around event safety?

Your organisation will have a legal obligation to make sure the event is safe. Your organisation will owe this obligation to people involved in organising the event, volunteers, employees, independent contractors and anyone who comes to the event (for example, members of the public).

The legal obligation to ensure the event is safe may arise under the common law of negligence. Generally, organisers of an event will owe a duty of care to participants in that event. Briefly, this means that an organisation must take reasonable precautions against any foreseeable risk of harm to event. In determining liability, courts will assess whether your organisation should have reasonably foreseen that its activities and actions (or inaction) could have caused loss, damage or injury to a participant.

The legal obligation to ensure the event is safe may also arise under the Victoria’s occupational health and safety legislation (the Occupational and Safety Act 2004 (Vic)) which applies to community organisations and has a very broad definition of ‘workplace’ which may include the event location.

For more information about occupational health and safety laws, see Running the Organisation > Occupational Health and Safety

Your local council should be able to provide specific advice in relation to safety, security and emergency procedures applicable to your community organisation's proposed event.

Depending on the nature of your event, you may need to ensure the safety of equipment, goods and persons. You may wish to consider whether you need to notify or organise for some groups to be at your event:

• the Police
• the MFB, CFA or SES
• St Johns Ambulance
• private security
• the Victorian Worksafe Authority (WorkSafe)

Worksafe has a number of tools that your organisation can used to undertake risk assessment of your proposed event - see the Related Resources section below.

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Do we have to provide accessible events and activities?

Equal opportunity and anti-discrimination legislation apply in Victoria. These laws make prohibit discrimination against people on the basis of a ‘protected attribute’ (protected attributes include a person’s impairment or disability, age, sex, race, religious beliefs, status as a parent or carer, pregnancy or  breastfeeding among many other attributes). Some exceptions to the laws apply.

In general, equal opportunity laws apply to prevent discrimination when providing goods and services to the public. They also apply in other circumstances (for example in employment, sporting activities, and membership of clubs).

Your organisation could be covered by these laws should put in place reasonable measures to ensure that your event (and goods and services) are accessible to all people. Even if your organisation is not covered by these laws, it is best practice to do so.

We have provided a link below to resources for running events which are inclusive to people with hearing and/or vision impairments.

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What about if we have sponsorship for the event?

If your community organisation is intending to share the cost of staging an event via sponsorship, it is recommended that you and your sponsor partner enter a sponsorship agreement. 

A sponsorship agreement will generally be a legally enforceable contract. Your organisation should be sure that it can comply with the terms of the contract. If you have any concerns about a proposed sponsorship agreement you should seek legal advice.

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Our event is to raise money - are there laws that regulate fundraising in Victoria?

Yes. There are laws that regulate fundraising in Victoria. If your community organisation is considering holding a fundraising event in Victoria, you will need to comply with the laws that regulate fundraising in Victoria. There are also laws that regulate raffles, bingo and gaming.

For more information about fundraising law and gaming law requirements, see Raising Money.

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Resources

Legislation

Links

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