dc.contributor.author | Buckley, Ralf | |
dc.contributor.author | McIntosh, Natasha | |
dc.contributor.author | Guest, Michaela | |
dc.contributor.editor | Ralf Buckley | |
dc.date.accessioned | 2018-11-09T12:31:26Z | |
dc.date.available | 2018-11-09T12:31:26Z | |
dc.date.issued | 2001 | |
dc.date.modified | 2014-08-19T04:41:50Z | |
dc.identifier.isbn | 187668593X | |
dc.identifier.uri | http://hdl.handle.net/10072/7289 | |
dc.description.abstract | Risk management and public liability is an emerging priority for many public authorities including Australia’s national park agencies. The increased awareness of the need for risk management by park agencies is the product of several landmark public liability cases in Australia and New Zealand, which have resulted in significant costs for the park agencies involved. In recent years, there has also been a rise in the number of minor liability cases, signalling an increasingly litigious society, and the need for parks to develop a more strategic approach to risk management.
This report focuses on the following aspects of risk management in Australian national park agencies: risk management policies; risk identification procedures; incidents and claims; risk management training; risk inspections; legal advice; transfer of risk for commercial and non-commercial activities; and restriction of liability.
Additional information is available in the working paper on ‘Visitor Risk Management and Public Liability’ produced by the ANZECC Working Group on National Parks and Protected Area Management, Benchmarking and Best Practice Program (WACALM, 1998).
Parks agencies are occupiers of land. Parks agencies are responsible for the care, control and management of national parks and other protected areas, and are viewed in legal terms as the occupiers of those areas, even though they do not hold any estate or interest in real property. As occupiers, they may be liable for injuries suffered by users of protected areas if they breach their duty to take reasonable care for the safety of those who enter upon their land (PWCNT, 1995:12).
Parks agencies have a duty of care to visitors. It is the responsibility of parks agencies to ensure that visitors are not exposed to situations where there is a real risk of incurring injury; or where this is not possible, to ensure that visitors are appropriately warned regarding the potential risks associated with a situation or place (PWCNT, 1995:12). Parks agencies may have duties of care under contract, statute or common law (Davies, 1998).
If it is established that a duty of care exists, then to determine if that duty of care has been breached typically involves two issues: whether the risk was foreseeable; and ii) if it was, whether the agency took reasonable measures to minimise it. The principal sources of uncertainty arise from legal interpretations of forseeability and reasonableness. | |
dc.description.publicationstatus | Yes | |
dc.format.extent | 598387 bytes | |
dc.format.mimetype | application/pdf | |
dc.language | English | |
dc.language.iso | eng | |
dc.publisher | CRC for Sustainable Tourism | |
dc.publisher.place | Brisbane | |
dc.publisher.uri | http://www.crctourism.com.au/ | |
dc.subject.fieldofresearch | History and Archaeology | |
dc.subject.fieldofresearchcode | 21 | |
dc.title | Managing People in Australian Parks: Risk Management and Public Liability | |
dc.type | Book | |
dc.type.description | A2 - Books (Other) | |
dc.type.code | A - Books | |
gro.faculty | Griffith Sciences, School of Environment and Science | |
gro.description.notepublic | The Sustainable Tourism Cooperative Research Centre, established and supported under the Australian Government's Cooperative Research Centres Program, funded this research. | |
gro.rights.copyright | © 2001 CRC for Sustainable Tourism. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version. | |
gro.date.issued | 2001 | |
gro.hasfulltext | Full Text | |
gro.griffith.author | Buckley, Ralf | |
gro.griffith.author | McIntosh, Natasha R. | |
gro.griffith.author | Guest, Michaela A. | |