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 > About OCBA  > Recreational Services Act  > About the act  > Overview

Overview

The Recreational Services (Limitation of Liability) Act 2002 (the Act) was prompted by the need to bring about a reduction in the cost of public liability insurance for recreational service providers. For those who cannot currently obtain such insurance, the Act may increase the availability of public liability insurance.

Under the Recreational Services (Limitation of Liability) Act 2002 a person is able to submit a safety code for a particular recreational activity (eg horse riding) to be registered by the Minister for Consumer Affairs. The safety code must set out measures that a provider of recreational services will take to ensure a reasonable level of protection for consumers. Once a code is submitted, it will be available on this website for the public to make submissions on its adequacy. Unless the Minister for Consumer Affairs refuses, the code will be registered. Parliament will then have the opportunity to disallow the code.

Once a safety code is registered and has taken effect, providers of recreational services to which the code applies, can then register an undertaking to comply with the code. Such providers may cancel their registration at any time.

The Office of Consumer and Business Affairs website will hold a register of safety codes as well as a register of all providers that have registered undertakings to comply with a particular code.

A recreational service provider who has registered an undertaking to comply with a registered safety code must adequately notify consumers that the provider's duty of care is governed by the code. The provider must also have a copy of the safety code available for inspection at their place of business, at all times. If the consumer suffers from personal injury, the provider is only liable in damages for negligence if the consumer establishes that the provider failed to comply with the safety code, and that failure caused the injury.


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