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3 - The legal context for outdoor activities and programs

Published online by Cambridge University Press:  05 June 2012

Tracey J. Dickson
Affiliation:
University of Canberra
Tonia L. Gray
Affiliation:
University of Wollongong, New South Wales
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Summary

Many forms of outdoor recreation involve a risk of physical injury. In some cases, while the risk of injury is small, the consequences may be severe.… A general prohibition in a given locality may be a gross and inappropriate interference with the public's right to enjoy healthy recreation.

Chief Justice Gleeson, Vairy v Wyong Shire Council, (2005) 223 CLR 422

Focus questions

  1. What are the key legal areas that an organisation conducting outdoor activities needs to consider?

  2. What can constitute a workplace in the context of outdoor activities?

  3. Are an employer's obligations to an employee different to the obligations to a visitor to the workplace?

  4. What would be considered ‘reasonable’ under the law?

  5. Can duty of care be reduced?

Type
Chapter
Information
Risk Management in the Outdoors
A Whole-of-Organisation Approach for Education, Sport and Recreation
, pp. 43 - 68
Publisher: Cambridge University Press
Print publication year: 2011

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