On this page
- Does the Act apply to me?
- What benefits does the Act offer?
- What do I do to obtain the benefits offered?
- Do I need to develop my own safety code?
- How do I develop my own safety code?
- Will one safety code cover all of my services?
- Can I use a waiver to limit my liability?
- If my code contains deficiencies do I pay again?
- How long will it take to register a safety code?
Does the Act apply to me?
Firstly, you must be a legal entity (that is a natural person, company or incorporated association).Secondly, you need to be a provider of recreational services. This means that you provide services that support a sporting/recreational/leisure time activity that involves a significant degree of physical exertion or risk.
Finally, the people participating in the recreational activity need to be over the age of 18 and have full mental capacity.
What benefits does the Act offer?
The Act may help recreational service providers reduce their public liability insurance premium. It does this by altering their duty of care toward people participating in the recreational activity.Related information
What do I do to obtain the benefits offered?
To benefit from the Act you must:- develop and register a safety code, or identify a safety code that has already been registered
- register an undertaking to comply with that safety code
- provide notification to consumers
- enter into a contract with consumers
- contact your insurer
- comply with the safety code.
Do I need to develop my own safety code?
You only need to develop a safety code if one (dealing with your recreational activity) has not already been registered.If a safety code has not already been registered, it is a good idea to contact the peak body in your industry to see whether they are willing to develop a safety code on behalf of people in your industry.
Related information
How do I develop my own safety code?
A safety code for the purposes of the Act is not the same as an ordinary safety code. A safety code under the Recreational Services (Limitation of Liability) Regulations will replace existing statutory and common law duties of care in relation to negligence. It will therefore have to be a carefully worded document designed to withstand legal scrutiny.A good starting point for developing a safety code is to check the register of approved codes on the OCBA website. Although no safety codes are currently registered, it is anticipated that safety codes will soon be available for inspection.
It is also a good idea to read the information provided on registering a safety code.
Finally, you may wish to seek legal assistance for drafting a safety code.
Related information
Will one safety code cover all of my services?
A separate safety code is required for each recreational activity. Therefore if you provide services for more than one activity, you will need to register to comply with more than one safety code. However if you provide multiple services for the one activity, you only need comply with one safety code.Can I use a waiver to limit my liability?
You may do so unless a code has been registered for the activity you offer (even if you did not register the code yourself). By 1 August 2007, no waivers will be permitted whether or not a code has been registered.If my code contains deficiencies do I pay again?
Upon receiving your safety code, the Office of Consumer & Business Affairs will conduct a preliminary assessment of the code. Any deficiencies detected at that stage will be discussed with the applicant, who will then be given an opportunity to amend the safety code. The re-lodgement of the amended code will not incur a separate fee.How long will it take to register a safety code?
Registering a safety code may take some time. This is because the code must go through each of the following steps:- A preliminary assessment of the safety code will be made by the Office Of Consumer and Business Affairs.
- The safety code will be advertised for public comment;
- An expert may be commissioned to report on the adequacy of the safety code (with the cost of this report being borne by the applicant)
- The Minister for Consumer Affairs will make a final assessment of the safety code and
- If approved by the Minister, the safety code will be tabled before Parliament (where parliament will have the opportunity to disallow the code).
Related information
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Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60
Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61
Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html
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If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au
Accessibility
Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html