tort law presentation - outdoors wa
TRANSCRIPT
Tort law reform
the Practitioners friend
Tort Law Reform
Tort Law Reform
• The Associations Incorporations Act 1987• Volunteers (Protection from Liability) Act
2002• Civil Liability Act 2002
- Civil Liability Amendment Acts 2003 & 2004
Tort Law Reform
Legislation What does it mean for you?
The Associations Incorporations Act 1987
•Creates a legal identity for the collective
Tort Law Reform
• Protection from personal civil liability when acting in good faith
• Liability transferred to organisation• Volunteer cannot be sued for something
they did or failed to do – if they are acting within the scope of directions given
Volunteers (Protection from Liability) Act
Tort Law Reform
• What activities are covered?• Key questions to consider:
- Is the organisation incorporated?- Is the activity “community work”?- Is activity carried out in good faith and on a
voluntary basis?
Volunteers (Protection from Liability) Act
Tort Law Reform
• 1st stage- Cap on economic loss- Threshold on general damages- Structured settlements- Restrictions on advertising
Civil Liability Act 2002
Tort Law Reform
• 2nd stage• General
- Duty of Care and Causation- Contributory negligence – alcohol / drugs- Good Samaritans- Removing fear of saying sorry!
Civil Liability Amendment Act 2003
Tort Law Reform
• Protections - Recreational Activities• Voluntary assumption of risk
- Obvious risk Presumption of awareness
No duty to warn
- Inherent risk No liability for harm
- Obvious risks of dangerous recreational activities- Risk Warnings
Civil Liability Amendment Act 2003
Tort Law Reform
• Risk warnings/waivers not effective for:- Children under 16 years- Those lacking physical or mental capacity to
understand risk warning
Civil Liability Amendment Act 2003
Tort Law Reform
• Job descriptions for volunteers• Clearly documented and understood
procedures• Waivers for activities – strengthened but
activity must be within the law and no reckless disregard.
• Risk Warnings
What does this mean practically?
Tort Law Reform
Tort Law Reform
Tort Law Reform
Tort Law Reform
Tort Law Reform
Tort Law Reform
15 DISCLAIMER:
Competitors participate in the regatta entirely at their own risk. The organising authority and all parties involved in the event'sorganization accept no liability for any loss, damage, death or injury which may occur to property or persons, both ashore and afloat, as a consequence of participation in this event. The establishment of the Notice of Race and the Sailing Instructions in no way limits or reduces the complete and unlimited responsibility of a competitor being solely and entirely responsible for the management of a yacht that he/she is sailing.
Tort Law Reform
Tort Law Reform
WARNINGUnder Colorado law, a tuber assumes the risk of injury to person or property resulting from any of the inherent dangers and risks of tubing and may not recover from any tubing hill operator for any injury resulting from any of the inherent dangers and risks of tubing, including: Changing weather
conditions; bare spots; rocks; stumps; trees; collisions with natural objects, natural objects, or
other tubers; variations in terrain; and the failure of tubers to tube within their own abilities.
Tort Law Reform
• The most simple area that organisations can help themselves
• What is reasonable – the key!• Supported by tort law reform
Risk Management
Tort Law Reform
