There has been some confusion in relation to the guardianship of minors at events lately, so the simple explanation is this:
*A competitor under 18 needs a parent or guardian to sign them on.
*In this context, ‘guardian’ simply means the responsible adult person into whose care and control the child has been entrusted.
*There is no need for any form of guardianship document or deed.
According to Tony Hynes, the Manager of Legal and Insurance for Motorcycling Australia Ltd/MA Insurance Ltd:
Our waiver (aka Contract to Participate) is all that is required.
Any minor wishing to participate in any MA-permitted event has to be signed-on by their parent or guardian. The parent or guardian attests as follows:
Parent / guardian declaration
In my capacity as the parent/guardian of the Participant I make the above agreements, acknowledgements, releases, warranties, consents and authorisations on behalf of the Participant (as defined below) as if I was the Participant and further warrant that I have told the Participant that the Recreational Activity involves the risk of serious injury, physical harm or death.
There is no need for any form of guardianship document – it doesn’t do (or need to do) anything that the above clause doesn’t do. It doesn’t matter whether the minor is accompanied by their father/mother, grandfather/grandmother or next-door-neighbour. In each and every case a parent or guardian has to sign-on on behalf of the minor before she or he gets on a bike. In this context, ‘guardian’ simply means the adult person into whose care and control the minor has been entrusted.
And it is not for you to interrogate the minor or the adult they’re with about who the adult is. It is enough that the adult reads and signs the waiver as the parent or guardian.
It is this simple: Has the kid turned up with a responsible adult? If yes, that responsible adult signs-on for the kid. If not, the kid can’t sign-on for themselves and therefore can’t participate in the event.