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VOLUNTARY ASSUMPTION OF RISK BILL 2002
EXPLANATORY NOTES
GENERAL OUTLINE
Objects of the Legislation
The Voluntary Assumption of Risk Bill, 2002 will give legal effect to a liability
waiver that a person may enter into with respect to any injury or loss they may
suffer while engaging in a certain activity.
It is envisioned that giving effect to waivers of liability will in turn help to
minimise the cost of insurance premiums that providers of sporting,
recreational and cultural activities are forced to bear.
The Bill will help to ensure that a range sporting, recreational and cultural
activities are able to be provided in Queensland rather than being forced to
cease operation due to high insurance premiums.
Reasons for the objectives and how they will be achieved
The primary reason for this Bill is to give legal effect to liability waivers which
people engaging in certain activities enter into voluntarily. At present, even if
such a waiver is entered into by a person they can still bring a claim for
damages against the operator of an activity, if they suffer loss from engaging
in that activity.
The Bill will achieve these objectives by enacting provisions which will give
legal effect to liability waivers if they are entered into voluntarily in
circumstances where the person is fully aware of all risks associated with the
activity.
Alternative measures to achieve objectives
The enactment of legislation giving effect to waivers of liability is the most
effective means to ensure that such waivers are legally binding.
Administrative cost to Government of implementation
Any administrative cost to Government of this legislation will be minimal.
Fundamental legislative principles
Section 4 of the Legislative Standards Act, 1992 requires a Bill to have regard
to Fundamental Legislative Principles. s 4 (2) requires that legislation have
regard to, inter alia, the rights and liberties of individuals.
The provisions of this Bill only affect the liberties of individuals insofar as an
individual may voluntarily elect to forego a legal right they may otherwise have
to claim damages for any loss or injury they may suffer.
With respect to the rights of individuals, this Bill in fact enhances an
individual s rights by giving them the freedom to elect to waive any claim they
may have against an operator of an activity.
Consultation
Consultation has occurred with the community at large.
Notes of Provisions
Clause 1 sets out the short title of the Act.
Clause 2 sets out the application of the Act. This clause provides that
the Bill does not limit the application of a range of other acts which impose
certain statutory obligations with respect to health and safety.
Clause 3 provides that a person engaging in an activity may sign a
waiver through which they assume the risks listed in the waiver and waive any
claim against the operator or provider of the activity for any injury they suffer.
In the case of a child, a child s parent may enter into the waiver. However, for
the waiver to be effective, the provider of the activity must have taken all
reasonable precautions for the safety of the person engaging in the activity.
A waiver will not have legal effect if a person suffers loss or injury as a
result of the provider s disregard for the person s health or safety or the
provider intentionally caused the injury or loss. Further, the clause provides
that if a waiver is effective against any claim a person may have against a
provider, it will also be effective against any claim a dependant of a person
may have against the provider. However, the clause does not prevent a
person bringing an action based on the design or manufacture of equipment
used in an activity against the designer or manufacturer of the equipment.